In a landmark judgment, the Madras High Court has ordered the removal of encroachments by Sastra deemed to be University on a substantial 31.37-acre plot of government land in Thanjavur. The court emphatically stated that government lands are public assets, and constitutional courts have a duty to protect public rights.
Court's Directives and Timeline for Eviction
The division bench, comprising Justices S M Subramaniam and C Kumarappan, issued clear instructions to the authorities. They must execute an eviction notice originally dated February 25, 2022. The bench mandated that the encroachers be evicted, with police assistance if necessary, within four weeks from receiving a copy of the court's order.
Ending Three Decades of Litigation
The order came in response to a petition filed by the university challenging a Government Order (GO) that sought its eviction from the disputed land. The court expressed strong disapproval of the prolonged legal battle, noting that the institution had managed to litigate and re-litigate the same issues for the past 30 years.
The bench highlighted the severe public cost of this delay. "The government was unable to implement public purpose projects for the past three decades on account of continuous litigation raised by the institution," the court observed. The intended use for the land was originally an open-air jail, which is now a prison.
Policy Decision Upheld, Public Interest Paramount
The judges refused to interfere with the government's policy decision, stressing that the judiciary should not pave the way for encroachers to retain possession of public land. "When the government took a decision... and a GO was issued, there is no reason for the court to interfere," the order stated, firmly closing the door on further protracted litigation over the prime land.
This decisive ruling underscores the judiciary's role in safeguarding public property from institutional encroachment, ensuring that long-delayed public projects can finally move forward in Thanjavur.
