24.

ENCROACHMENT

Unauthorised occupation of Government lands is an offence. All these

occupations do not allow the public to utilise the land for which it was set apart.
As such the Village Administrative Officers and the Revenue Inspectors should
even in initial stages prevent the occupation on such lands. In cases where the
occupants have not been prevented, the steps to be taken to evict them by the
Revenue officials under the Tamil Nadu Land Encroachment Act 1905 as follows:

VILLAGE ADMINISTRATIVE OFFICERS

Village Administrative Officers should inspect all the Government lands every
month. He must record the encroachments, if any in adangal (village account
number). He must mention against each survey number, the nature of
encroachment and by whom encroached. At the end of the month, two copies of
"B" Memo with notices under section 7 should be prepared and handed over to
the Revenue Inspector. Copies of the notices under section 7 should include an
office copy and sufficient number of copies to give to each of the encroachers
and obtain acknowledgement.

REVENUE INSPECTORS

While doing azmoish every month, the Revenue Inspector should inspect the
Government lands also. He must inspect all the poramboke lands in the villages
atleast twice a year. If encroachments are reported in the public land already
inspected by him, he must again inspect that land. On inspection he must decide
whether the occupation is unobjectionable or not. As one authorized under
section 7 of the Tamil Nadu Encroachment Act, the Revenue Inspector shall
approve the notices prepared by the Village Administrative Officers under section
7. In this notice, he must mention a day before which date, the encroacher shall
have an opportunity to represent to the Tahsildar against the action taken to evict
him under the Tamil Nadu Land Encroachment Act 1905. These notices shall be
served in any one of the following methods as mentioned in section 25 of the
Tamil Nadu Revenue Recovery Act 1864.

Personal service on the encroacher.

Service on an adult male member living with the encroacher.

Service by affixture in the place of ordinary residence by the encroacher.

Service by affixture in the land occupied.

In cases of services by affixture as mentioned against items 3 and 4, there

should be independent witnesses and they should attest them.
The person serving by a fixture should also be sign with the date in the notices.
This notice should be served with a clear interval of more than 15 days from the
date noted in the notice.

If the land encroached is an assessed waste dry or Manavari or wet and if the
encroachers are landless and poor as defined in RSO 15, the Revenue Inspector
should take action to assign the lands. In other cases, where the encroachment
is objectionable, action should be taken to evict the occupant. In the ‘B’ Memo
the Revenue Inspector should give full details of his inspection and his view in
detail in regard to the date of inspection whether objectionable, and if so whether
to be evicted. The assessment under section 3 and penalty under section 5 of
the Act to be levied take to be recommended. He must then send his report to
the Tahsildar.

ZONAL DEPUTY TAHSILDAR

The Zonal Deputy Tahsildar should inspect the Poramboke lands, during his
azmoish and visit to the villages. He must report to the Tahsildar on the nature of
the encroachments in Government lands action to be taken etc,

WORK IN THE TALUK OFFICE.

The "B" Memos received from the Revenue Inspectors should be registered
separately in two sections one for assessed wastelands and the other for other
Government lands. Serial Numbers should be assigned separately. The
Tahsildar should inspect all objectionable occupations. Before that, if the Zonal
Deputy Tahsildars have not inspected, the Tahsildar may ask him. If necessary,
to inspect and give a report.

Tahsildars, depending upon the nature of the encroachment, can order levy of
the assessment under section 3(1) and also penalty under section 5. Further he
must, if the encroacher has given any representation on the notices under
section 7 served by the Revenue Inspector take it to consideration along with the
observation made by him at the time of inspection and decides on the need or
otherwise to evict the encroacher. If he decides to evict the encroacher, a notice
under section 6 should be approved and served on each of the encroachers. This
notice should contain the period before which the encroacher should himself
vacate. The instructions regarding of mode of services in regard to the notices
under section 7 shall be Mutatis Mutandis applicable.

Due to non service of the notices, in the manner prescribed in the act, several
Court cases have been decided in favour of the encroacher. As such the proper
care should be taken for service of the notices as required.
APPEALS

Against the notices issued under section 6 of the Act the encroacher can file an
appeal to the Revenue Divisional Officer within 30 days from the date of receipt
of the notice. If no appeal is filed, the Tahsildar can take action to evict him on
the expiry of the date fixed in the notice. If necessary, he may seek the
assistance of police.

REVISION

Against the orders of the Revenue Divisional Officer, a Revision can be filed to
the District Revenue Officer. Similarly against the decision of the District
Revenue Officer the revision lies to the Commissioner of Land Administration.
The Government can be approached against the decision of the Commissioner
of Land Administration. These revision petitions should be filed within 30 days
from the date of receipt of the orders

(SECTION 10 AND 11)

EVICTION

If in the land to be evicted there is a crop in advanced stage and the destruction
of the crop is now considered to be not feasible or advisable by the Tahsildar, he
may permit the harvest of the crop and allow the encroacher to vacate from the
land thereafter (RSO 26.7).

The encroachers may vacate encroachments by themselves, If they do not/ do

so the Tahsildar should take action to remove them. Encroachments should be
removed full in a complete shape. When the encroachments are removed by the
Tahsildar, the properties available on the encroached land shall be forfeited to
the Government.

Generally in all encroachments, the encroachers are considered to be

tresspassers having committed criminal offences.

CLASSIFICATION OF ENCROACHMENTS;

The encroachments can be classified as follows:

Whatever may be the nature of the encroachments that is permanent or

temporary, the encroachments are not objectionable.

Temporary occupation is unobjectionable, but permanent occupation is

objectionable.

All kinds of occupations are objectionable.

In cases of the encroachments mentioned against item No. 1, action may be
taken to assign the land subject to condition under (RSO 15 or 21) as the case
may be, in the case of encroachment mentioned against item No.2, the question
of granting temporary permission may be considered. But in the case of
encroachment which falls in the third category, it should be evicted under RSO
26 (4).

DUTIES OF OTHER DEPARTMENTAL OFFICERS.

Under section 6 of the Tamil Nadu Land encroachment Act 1905, the following
officers have been authorised to issue notices.

Public Works Department = Assistant Engineer.

Highways = Assistant Engineer.

Forest Department = Vana Ranger

(G.O.Ms.No. 2898 Revenue DT. 13.12.69 and G.O.Ms.No. 2021 Revenue

dt.25.9.1976)

For the lands utilised by the Public Works Department and the Highways
Department, the Tahsildar shall continue to levy the assessment and the penalty
on the encroachments. But in the case of Forest lands Department officers
should be approached to evict the encroachments of the land classified as
reserve Forests or Forests are under the control of the Forest Department as per
the Central Government order. In such cases, the Forest Department will take
action to evict the encroachments in these lands. ‘B’ Memo should not be issued
for these lands by the Tahsildar.

LIFE OF NOTICES ISSUED UNDER SECTION (6)

The notices issued under section 6 of the Tamilnadu Land Encroachment Act,
1905 for eviction shall not lapse. If the encroachment could not be evicted during
the fasli in which the notice was issued, further the action can be continued in the
next fasli also based on the eviction order already issued.

(RSO 26 1 to 9)

There are several marked channels, Foot path, Cart Tract etc marked in the
F.M.B. and the Patta land Owners are not expected to obliterate then. Similarly in
the cases of lands assigned conditionally there may be such channels etc.,
Neither the pattadar nor the assignee can deface or remove them. If they are
removed, action under the Tamil Nadu Land Encroachment Act can be perused
to restore them. This is in addition to the steps taken to cancel the assignment for
violation of condition. (B.P. 1039 dt.26.7.1966)
WITHIN THE PORTS LIMITS.

The action in regard to the Encroachment in Government Land within the Port
limits can be taken under the Tamil Nadu Land Encroachment Act 1905 (RSO
26.9)

MUNICIPALITIES.

The Revenue officers will take action under the Tamil Nadu Land Encroachment
Act 1905 in respect of government lands within the municipality. (RSO 26.11).

RAILWAY LANDS

The Revenue Officers shall take action to evict the encroachments in Railway
lands (RSO 26.12)

POWERS OF THE CIVIL COURTS.

As per the Tamil Nadu Land Encroachment Amended Act 1996, the District
jurisdiction of the District Civil Courts has been barred. In regard to any steps
taken for the levy of assessment under section 3, penalty under section 5, Issue
of notices for eviction under section 7 and 6, etc. only the High court has the
power to interfere in such cases in the original jurisdiction. (For further details,
refer to RSO 26).

DIFFERENCE BETWEEN TAMILNADU LAND ENCROACHMENT ACT1905

AND PUBLIC PREMISES ACT 1976.

The encroachments in communal lands like Tank porambokes, which are used
by the entire public, are to be evicted only under the Tamil Nadu Land
Encroachment Act 1905. These encroachments shall not be brought under Tamil
Nadu Public Premises Act 1976. When the land or a building is used by the State
Government for its purposes, these lands/buildings cannot be considered as
communal lands. The encroachments in these lands should be evicted under the
Tamil Nadu Public Premises Act (High Court decision in W.P.3239/1971 for
further details please see page 114 and 115 of the printed stock file of
Encroachment.)

TAMILNADU PUBLIC PREMISES (EVICTION OF UNAUTHORISED

OCCUPANTS) ACT 1976.

Tamil Nadu Public Premises (Eviction of unauthorised occupants) Amended Act

1976 is in vogue now. This act was enacted to evict the unauthorised occupants
from Public premises and for certain incidental matters.
2."Premises" means any land or any building or hut or part of a building or hut
and includes: -

gardens, grounds and out-houses, if any appertaining to such building or hut or

part of building or hut, and

any fittings affixed to such building or hut or part of a building or hut for the more
beneficial enjoyment there of

3."Public premises" means any premises belonging to or taken on lease or

requisitioned by, or on behalf of, the Government, and includes: -any premises
belonging to or taken on lease by, or on behalf of: -

any company as defined in section 3 of the Companies Act, 1956 (Central Act I
of 1956) in which not less than fifty one percent of the paid up share capital is
held by the Government and

any premises belonging to, or vested in, a local authority or any Board
constituted under any law; and

any corporation (not being a company as defined in section 3 of the companies

Act, 1958 (Central Act I of 1956) or a local authority) established by or under any
law and owned or controlled by the Government

4. Under this Act Personal Assistant (General) to Collector of Chennai and the
Revenue Divisional Officer in the mofussil districts are the Estate Officers or
Officer authorised to perform the functions. The Estate Officer before should first
issue a notice to the concerned persons. He should mention, herein, the reasons
for taking action under the Act informing them to send heir representation in a
day, which should be after 10 days from the date of issue of notice. This notice
should be served separately on each person and also be fixed in the public
place/building. (Section 4).

The representation if any received to the notice issued as mentioned above

should be examined and another opportunity of being heard personally should be
given to the occupier. The Personal Assistant to the Collector and the Revenue
Divisional Officer shall then pass suitable orders. If it is decided to evict suitable
action to take possession of the land should be taken. If the occupiers do not
evict voluntarily the Estate Officer of the person authorised by him in this behalf
shall vacate them on the day fixed. (Section 5).

The provisions in section 6 and 7 shall be followed for the disposal of the
properties forfeited and loss if any to be compensated. The Estate Officer has the
following powers under the code of civil procedure 1908 (Central Act V of 1908)
for holding any enquiry under this Act.
Summoning and enforcing the attendance of any person and examining him on
vote.

Requiring the discovery and production of document.

3. Any other matter which may be prescribed. (Section 8) An appeal on the

acquisition order of the Estate Officer lies to the appellate officer who shall be the
district judge of the district in which the public premises are situated (section)9.

The decision of the Estate Officer is final unless it is modified or set aside by the
court. (Section 10).

The Civil Courts are being barred in admitting the cases on the orders passed by
the Estate Officer to evict unauthorised persons from public premises collection
of the balance lease amount from the occupier under section 7(I) of the damages
payable under sub-section (2) of that section or the collection of the amount
awarded to the Government or the corporate authority under section 9(5) of the
Act.

(For further details, please see the Act and instructions thereunder.)