High Court raps officials for allowing encroachments - THE HINDU
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TODAY'S PAPER » NATIONAL » TAMIL NADU
CHENNAI, July 1, 2011
High Court raps officials for allowing encroachments
K.T. SANGAMESWARAN
“For the last one year or so, sitting in the Division Bench, we have noticed that a major number of cases are filed for removal of encroachments from government poromboke lands, canal poromboke, water bodies, etc. The court has been wasting its valuable time in deciding such cases relating to removal of encroachments, just like revenue officials.”
This was the observation of the First Bench of the Madras High Court, comprising Chief Justice M.Y.Eqbal and Justice T.S.Sivagnanam, on Thursday while directing the Government Pleader to file an explanation as to why directions be not issued to the government to initiate departmental proceedings against those officers within whose jurisdiction such encroachments had been made.
In the instant case, S.Anbu of H.Pudupatti in Pappireddypatti taluk in Dharmapuri district alleged that some persons had encroached on the pathway leading to the water channel from Vaniyar Dam in Goundanpatti in the district. He has impleaded the District Collector, Tahsildar, Executive Engineer and the Assistant Engineer, PWD, Water Resources Organisation, Dharmapuri, as party respondents.
Rapping the officials, the Bench observed, “We fail to understand, when officials from the rank of District Collector up to Tahsildar and engineers of Public Works Department are deputed in all the districts, how encroachers are first of all allowed to encroach [on] such government poromboke lands, water bodies, etc.”
The court said that it was of the view that instead of issuing notices to encroachers, it should first issue notice to the officers of the State who were at the helm of affairs, to show cause why appropriate recommendations be not made to the government for initiating disciplinary proceedings against them for allowing the encroachments.
By another order on a separate petition, the Bench directed the government to first initiate departmental proceedings against the officers concerned for dereliction of duty in allowing a company in Dalmiapuram, Ariyalur taluk, to encroach government land.
In the present case, P.Kaspar, former Vice-President, Pazhanganatham panchayat in Ariyalur, prayed the court for a direction to the RDO to take appropriate action on his petitions in November 2008 and September 2010.
In its order, the court said admittedly Dalmia Cements (Bharath) Ltd., Dalmiapuram, Ariyalur taluk, encroached on government land and now they were seeking patta.
“We first direct the Revenue Secretary to file an affidavit as to who were posted during the relevant time when the land was encroached upon by the company. The Secretary should disclose the names of the RDO, panchayat President and the Tahsildar. It directed the government to initiate departmental proceedings against those officers. Both the matters have been posted for further hearing on July 12.
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Bench says court wasted valuable time deciding such cases
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Seeks affidavit from official for encroachment by company
http://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/article2149307.ece
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We hope now the officials will act on this.
Regards
Mohan Raj K.
Save Coimbatore Wetlands
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TODAY'S PAPER » NATIONAL » TAMIL NADU
CHENNAI, July 1, 2011“For the last one year or so, sitting in the Division Bench, we have noticed that a major number of cases are filed for removal of encroachments from government poromboke lands, canal poromboke, water bodies, etc. The court has been wasting its valuable time in deciding such cases relating to removal of encroachments, just like revenue officials.”
This was the observation of the First Bench of the Madras High Court, comprising Chief Justice M.Y.Eqbal and Justice T.S.Sivagnanam, on Thursday while directing the Government Pleader to file an explanation as to why directions be not issued to the government to initiate departmental proceedings against those officers within whose jurisdiction such encroachments had been made.
In the instant case, S.Anbu of H.Pudupatti in Pappireddypatti taluk in Dharmapuri district alleged that some persons had encroached on the pathway leading to the water channel from Vaniyar Dam in Goundanpatti in the district. He has impleaded the District Collector, Tahsildar, Executive Engineer and the Assistant Engineer, PWD, Water Resources Organisation, Dharmapuri, as party respondents.
Rapping the officials, the Bench observed, “We fail to understand, when officials from the rank of District Collector up to Tahsildar and engineers of Public Works Department are deputed in all the districts, how encroachers are first of all allowed to encroach [on] such government poromboke lands, water bodies, etc.”
The court said that it was of the view that instead of issuing notices to encroachers, it should first issue notice to the officers of the State who were at the helm of affairs, to show cause why appropriate recommendations be not made to the government for initiating disciplinary proceedings against them for allowing the encroachments.
By another order on a separate petition, the Bench directed the government to first initiate departmental proceedings against the officers concerned for dereliction of duty in allowing a company in Dalmiapuram, Ariyalur taluk, to encroach government land.
In the present case, P.Kaspar, former Vice-President, Pazhanganatham panchayat in Ariyalur, prayed the court for a direction to the RDO to take appropriate action on his petitions in November 2008 and September 2010.
In its order, the court said admittedly Dalmia Cements (Bharath) Ltd., Dalmiapuram, Ariyalur taluk, encroached on government land and now they were seeking patta.
“We first direct the Revenue Secretary to file an affidavit as to who were posted during the relevant time when the land was encroached upon by the company. The Secretary should disclose the names of the RDO, panchayat President and the Tahsildar. It directed the government to initiate departmental proceedings against those officers. Both the matters have been posted for further hearing on July 12.
-
Bench says court wasted valuable time deciding such cases
-
Seeks affidavit from official for encroachment by company
http://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/article2149307.ece
-
--------
We hope now the officials will act on this.
Regards
Mohan Raj K.
Save Coimbatore Wetlands
--