Court Upholds Government's Policy Decision to Utilize Land for Establishing a Prison
In a decisive ruling, the Madras High Court has directed the eviction of Shanmugha Arts, Science Technology & Research Academy (SASTRA) from government land, which the university had encroached upon for over three decades. The court's decision came as a dismissal of the university's writ petitions against eviction notices and reiterated the government's right to utilize public land for public purposes, such as the establishment of a prison.
The land in question, measuring approximately 31.37 acres, was initially allocated to the Tamil Nadu Prison Department in 1985 for the development of an Open Air Jail. However, the development was stalled due to the encroachment by SASTRA University. Despite multiple legal challenges by the university, the court upheld the government's eviction orders, emphasizing the necessity of public land for public use.
The petitioners, represented by Senior Counsel Mr. G. Rajagopalan and Mr. P.H. Aravind Pandian, contended that the government's rejection of their proposal to exchange the encroached land with alternate land was not in line with the directives of the Supreme Court. They argued that other educational institutions had been granted land, and their institution, which provided free education to underprivileged students, was being unfairly discriminated against.
However, the government, represented by Advocate General Mr. P.S. Raman, contended that the present petitions were merely a continuation of long-standing re-litigations. The government had consistently maintained its stance against assigning the land to the university, citing the need for the land to establish a prison as per its policy decision.
The court, comprising Justices S.M. Subramaniam and C. Kumarappan, emphasized that encroachment on public land cannot be justified, even under the guise of running an educational institution. The court highlighted that public lands are meant for public purposes, and the government's policy decisions to utilize these lands should not be interfered with by the judiciary.
The court's order mandates the eviction of the encroachers within four weeks, with police assistance if necessary, thereby reinforcing the principle that encroachers cannot claim rights over government lands.
Bottom Line:
Encroachment on government land cannot be justified under the guise of running an educational institution. Public lands are for public purposes, and policy decisions of the government to utilize the land for public purposes, like establishing a prison, cannot be interfered with by the courts.
Statutory provision(s): Tamil Nadu Land Encroachment Act, 1905; Constitution of India
