K. Yuvaraj & Ors vs Amman Nagar Narayana Nagar Resident Welfare Association & Ors

The High Court, by its impugned judgment dated 14 October 2019, issued directions, based on two survey reports, for the removal of encroachments within a period of three months. Paragraph 8 of the impugned judgment of the High Court records that the only submission which was urged on behalf of the private respondents before it, some of whom are the petitioners before this Court in the present proceedings, was that the public authorities should not pick and choose and remove encroachments only of the private respondents without dealing with the encroachments by the members of the association. The High Court answered this submission in paragraph 9 of the judgment by holding that it was not open to the respondent - public authorities to discriminate or to pick and choose between the members of the association and the private respondents before it. Hence, the High Court directed that whoever has encroached public land is bound to be removed from the encroached portion.

Mr Gopal Sankaranarayanan, learned senior counsel appearing on behalf of the petitioners, submits that the petitioners have a basic grievance in regard to the manner in which the survey was carried out by the Tahsildar since, according to the submission, no notice was given to registered holders of the land as required by the provisions of Sections 9 and 10 of the Tamil Nadu Survey and Boundaries Act 1923. Mr Sankaranarayanan has made an effort during the course of the hearing to make a reference to some of the pleadings where substantive objections were raised.

We do not find from the impugned order of the High Court that any submission raising an objection to the survey was raised.

In this view of the matter, we deem it appropriate to grant liberty to the petitioners to move the High Court by way of a review. In the event that the petitioners do so within a period of one month from the receipt of a certified copy of this order, no coercive steps, in pursuance of the order of the High Court, shall be taken for a period of two months from today.

While we leave it open to the petitioners to bring to the notice of the High Court submissions which they have with regard to the legitimacy of their structures, we have not expressed any opinion thereon and it would be open to the High Court to take an appropriate view in the matter including on the maintainability of such a submission.

The petitioners would be at liberty to move this Court afresh, in the event they are aggrieved by the final order of the High Court.

The Special Leave Petitions are disposed of in the above terms.

Pending application, if any, stands disposed of.