'Not Known If Special Task Force Has Been Constituted For Preventing Encroachments': Madras High Court Warns Action Against Erring State Officials

A Division Bench of Justices S. Vaidyanathan and AA. Nakkiran observed that the order passed in W.P.5076 of 2016, dated 29^th April, 2019, already directed the Government to constitute STF, similar to the Karnataka Task Force for protection and recovery of public lands. According to the court, the said STF was to be headed by "an efficient, devoted and honest Official, not below the rank of Additional Chief Secretary, as Chairman."

Back in 2019, terming the corrupt officials as 'Indian Terrorists', the court noted that a permanent special task force was necessary to prevent the illegal grabbing of government lands. Therefore, the government was then directed to pass orders for the constitution of STF within 3 months from the receipt of the court order, and from thereon, the Chairman was required to convene a meeting with other Members once in a month to review the action taken by the Members in their respective Districts.

The STF Chairman was given the power to call for records for the purpose of verifying previous orders passed by Secretaries and take action against corrupt and erring officials including dismissal from service if dereliction of duty was seen.

The STF directed to be constituted in such a manner, along with the duty to continue the eviction process related to illegal encroachments, was also required to report the progress to the Chief Secretary every month, who, in turn, was directed to forward a copy of the same with comments to the Registrar General of High Court. The STF was also directed to follow the recommendations of the Comptroller and Auditor General of India made in Report Nos.4 and 8 of 2017 and also follow the "Guidelines on Urban Drainage" issued by the Indian Roads Congress.

The functions of the STF would have been to undertake periodical inspections, field surveys and create boundary marks in respect of vacant Government lands as per Sections 16 and 21 of The Tamilnadu Survey and Boundaries Act, 1923.

While acknowledging the pendency of the petitioner tenant's appeal against Lock & Seal and Demolition notice against the property in Egmore, the court has also noted that its uncertain if STF was constituted as per the court's directions.Therefore, the court warned of penalising the officials who are found to have erred:

"…and it is not known as to whether such a Force has been constituted for the said purpose. Any lapses are noticed in respect of wilful and deliberate disobedience, this Court will pass stringent orders against erring officials and in that case, imposition of fine is secondary and the imprisonment is primary".

The court has also clarified that a drone survey can be conducted to ascertain encroachment when concerned parties are present. The court has also added that the inspection must be carried out periodically on the construction of the building from the basement, ground floor onwards.

"In case of inspection after the basement is constructed and if any defect is found out at the initial stage / stages, a decision could be arrived to prevent further construction, unless it is rectified within a time frame. The suggestion for grant of permission in stages is for eradication of encroachment and not for accumulation of wealth by the Officials concerned in the garb of acceptance of bribe."

The court also iterated that the authority cannot abstain from passing orders in appeals and the failure to pass orders can result in contempt proceedings against the authorities as per the order dated 16^th October 2018 in W.P.No.27499/ 2018. The said order also directed the authorities to submit details on the number of appeals pending before it and the number of cases where directions were issued by Madras High Court.

The Madras High Court Division Bench judgment in P.Selvarajan v. The Commissioner of Municipal Administration, Chennai & Ors (2018) permits the cutting off of electricity supply if encroachment is found on the concerned premises, the court noted.

"It goes without saying that if the area building is not able to be bifurcated for the purpose of rectification, the Electricity supply shall be disconnected for the entire building and the building shall not be put to any use till it is rectified and brought in accordance with the plan. A building can be permitted to be brought in accordance with the sanctioned plan and approval and in case, during on-site inspection, it is found by the Authorities that still there are violations, the violated portions shall be kept under lock and seal and the same can be opened only for rectification purpose.", the bench observed.

Accordingly, the court closed the Miscellaneous petition.

Case Title: M/s.SPlus Media Pvt. Ltd., Rep. by its Director v. State of Tamil Nadu & Ors

Case No: W.P.No.21782 of 2021, W.M.P.No.22965 of 2021