Squatters on govt land can't claim swapping of plot already encroached upon, HC told

Encroachers of government land cannot claim swapping of the land in lieu of the encroached one as per the May 10 GO of the Tamil Nadu government, one of the Additional Advocate-Generals (AAGs) of the Madras High Court informed the First Bench of Chief Justice M N Bhandari and Justice N Mala on Monday.

The AAG said the GO permitting exchange of land with private educational institutions is not applicable to SASTRA University in Thanjavur, as it had encroached upon on a water course.

The AAG made the submissions when the writ appeal from the Shanmuga Arts, Science, Technology and Research Academy (SASTRA), a deemed university, challenging a GO dated February 23 this year, came up for further hearing today.

Originally, the university had moved the High Court challenging the February 23 GO passed by the Thanjavur Tahsildar pursuant to an earlier order of the High Court, which refused to assign 31.37 acres of government land that was held by the university. It granted four weeks to the university to vacate the encroached land.

According to the appellant university, it owned 86.80 acres of agricultural land in neighbouring Thatchankurichi village with all amenities, including electricity supply and a borewell. It offered to hand over any of its properties in exchange for assignment of the 31.37 acres of government land. It had also agreed to pay the difference in value. However, the government did not consider the plea. Hence, the present appeal to quash the GO and direct the government to reconsider the issue. Its senior counsel G Rajagopalan told the Bench that as per the subsequent May 10 GO, the State government is obliged to consider the university's plea for swapping of the land.

The AAG added that whenever the authorities concerned go to remove small encroachments, the encroachers tell them to first remove the university's encroachment of 32 acres and then go to them. ''We are unable to answer them,'' the AAG said.

The Bench adjourned the matter till August 24 with a direction to the AAG to submit a sketch of the encroachment and the water course. It further said the hostel attached to the university and other buildings on the 32 acres shall remain in the custody of the High Court till the disposal of the case. Students' stay in the hostel and studies should not be affected in any way, it added.