The Tamil Nadu Land Encroachment Act, 1905

What the Act governs

The Tamil Nadu Land Encroachment Act, 1905 applies throughout the State of Tamil Nadu. It establishes measures to check unauthorised occupation of land that is government property.

The law treats several categories as government property unless they belong to, or are lawfully held by, another recognised owner or holder. These categories include:

• Public roads, streets, lanes, paths, bridges, ditches, dikes and fences.
• Sea beds, harbours, creeks and waters below the high water mark.
• Rivers, streams, lakes, tanks, backwaters, canals, watercourses and standing or flowing water.
• Other lands not falling within the ownership or tenure exceptions listed in the Act.
• Public roads and streets vested in a local authority, for the purposes of this law.

Existing public rights, rights of way, natural and easement rights, and legally subsisting customary rights remain protected.

Who may be affected

The Tamil Nadu Land Encroachment Act, 1905 may affect anyone occupying land classified as government property without authority. Property buyers and owners may need to determine whether land, access routes, adjoining water bodies or other nearby areas fall within the categories described by the law.

The Act also contains separate assessment provisions for the transferred territory, defined as Kanyakumari district and Shencottah taluk of Tirunelveli district.

Assessments, penalties and eviction

The Tamil Nadu Land Encroachment Act, 1905 provides the following consequences for unauthorised occupation:

• Assessment may be charged for the period of occupation, whether the occupied land is assessed or unassessed.
• For assessed land, the assessment may be based on the survey number and the area occupied, subject to the powers given to the Collector, Tahsildar or Deputy Tahsildar.
• For unassessed land, assessment may be based on comparable nearby land, the applicable village rate, or rules or orders made under the Act.
• An incomplete part of a fasli may be treated as occupation for a whole fasli.
• Payment of assessment or prohibitory assessment does not create any right of occupancy.
• Additional penalties may be imposed at the discretion of the authorised revenue officials after notice.
• A person liable for assessment may be summarily evicted by the Collector under the eviction provision.
• The assessment rate or amount must be recorded in writing and cannot be questioned in a civil court.

Territorial extensions and text status

The Tamil Nadu Land Encroachment Act, 1905 was extended to Pudukkottai, Kanyakumari district, Shencottah taluk and added territories through later legislation identified in the supplied text. The PRS Legislative Research copy warns that principal Acts may not include every subsequent amendment and recommends checking the latest government publication or gazette notification.