5 months ago
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The Madras High Court connected Friday directed the State authorities to evict Shanmuga Arts, Science, Technology and Research Academy (SASTRA), a deemed assemblage based in Thanjavur, from 31.37 acres of authorities onshore successful its concern for astir 40 years.
The Third Division Bench of Justices S.M. Subramaniam and C. Kumarappan said the Thanjavur Collector could adjacent question the assistance of the constabulary to evict the acquisition instauration from the authorities property, required for the constitution of a prison, wrong 4 weeks.
The orders were passed portion the tribunal dismissed 2 writ petitions filed by the instauration successful 2022 challenging a Government Order (G.O.) issued connected February 23, 2022, refusing to delegate the authorities onshore successful favour of the assemblage by accepting different lands offered successful speech by it.
‘No implicit right’
Observing that either acceptance oregon rejection of an alternate onshore offered by an encroacher was the implicit discretion of the government, the Division Bench wrote, “Assignment of an encroached onshore cannot beryllium claimed arsenic an implicit close by the encroachers.”
After signaling the government’s submission that it required the 31.37 acres to found a prison, the judges said, “Under these circumstances, the petitioner has not established adjacent a semblance of ineligible close for the intent of sustaining their petition either earlier the authorities oregon this court.”
Authoring the verdict, Justice Subramaniam also said, “The petitioner university, by virtuousness of its presumption arsenic an acquisition institution, was capable to litigate and re-litigate the aforesaid issues again and again for the past astir 30 years and accrued the longevity of the litigations.”
The Bench pointed retired that adjacent the contiguous writ petitions, filed by the assemblage challenging the G.O. and the consequential bid passed by a Tahsildar to evict the spot wrong 4 weeks, had been pending successful the High Court for the past 3 years. “The authorities is incapable to instrumentality a nationalist intent task for the past much than 3 decades connected relationship of continuous litigations raised by the writ petitioner,” it said.
It held that the instauration could not question parity conscionable due to the fact that the authorities had assigned nationalist lands to galore different institutions successful the past.
Offer rejected
The assemblage had told the tribunal that it owns 32 acres of backstage onshore close other its Thirumalaisamudram campus with nonstop entree to the nationalist highway. It owned different 36.16 acres adjoining its field and contiguous to the authorities onshore and this spot excessively had nonstop entree from the nationalist highway. Apart from these, the assemblage owned 86.80 acres of cultivation onshore successful the neighbouring Thatchankurichi village with each amenities specified arsenic powerfulness and a borewell. The instauration had offered immoderate of these 3 properties successful speech for the duty of the 31.37 acres of authorities onshore and agreed to wage the quality successful value. However, the authorities rejected the offer.
