G.O. Ms. No. 540, Revenue [LD6(2)], 4th December 2014
The Government of Tamil Nadu, Revenue Department, issued G.O. Ms. No. 540, Revenue [LD6(2)], dated 4th December 2014, establishing redressal committees and procedures for complaints seeking eviction of encroachments from government land. It provides a Taluk level petition process, a Divisional level appeal and a District level review, with written decisions and specified response periods.
Purpose
G.O. Ms. No. 540, Revenue [LD6(2)], dated 4th December 2014, implements directions of the High Court of Madras to create an administrative mechanism for complaints about encroachments on government land. The mechanism is intended to provide remedial action and reasoned written responses before such matters are taken to court in the first instance.
Who it affects
The Government of Tamil Nadu procedure applies to people seeking action for eviction of an encroachment on government land. It also affects a person alleged to be occupying government land without authorisation, because notice and eviction procedures under the Tamil Nadu Land Encroachment Act, 1905 must be followed.
Property buyers, owners and professionals may use the procedure where a property boundary or occupation appears to extend into government land, or where government land near a property is allegedly encroached.
Taluk level petition
A person seeking eviction of an encroachment may submit an original petition to the relevant Tahsildar.
Key steps are:
- The Tahsildar may arrange an inspection by an officer of at least Deputy Tahsildar level.
- The inspection determines whether government land is being encroached.
- If the Tahsildar is satisfied that an encroachment exists, a show cause notice must be served on the alleged encroacher under Section 7 of the Tamil Nadu Land Encroachment Act, 1905.
- Further action must follow the Tamil Nadu Land Encroachment Act, 1905.
- The petitioner must receive a detailed written reply describing any action taken.
- The entire process must be completed within 60 days from receipt of the petition.
Divisional appeal and District review
A Divisional level Appellate Committee may receive an appeal if the Tahsildar does not reply within 60 days, or if the petitioner is dissatisfied with the reply or action. The committee consists of the Revenue Divisional Officer, Deputy Superintendent of Police and Deputy Inspector of Survey. It must meet at least monthly, hear the petitioner, inspect the site if required, and communicate its decision within 30 days of receiving the appeal.
A District Level Review Committee may receive a review petition if the Appellate Committee does not reply in time or its decision is unsatisfactory. The committee consists of the District Revenue Officer, Superintendent of Police and Assistant Director of Survey. It must meet at least monthly and communicate its finding within 30 days.
Publicity and monitoring
District Collectors must publicise the committees through media, pamphlets and other communication from District offices to Village level. The Additional Chief Secretary and Commissioner of Land Administration must monitor their operation strictly and continuously.
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Common questions
Where should I first complain about an encroachment on government land?
Submit an original petition to the Tahsildar for the relevant Taluk. The Tahsildar may arrange an inspection by an officer of at least Deputy Tahsildar level.
How long does the Tahsildar have to complete the process?
The petitioner must receive a detailed written reply, and the entire process must be completed within 60 days from the date the petition is received.
Can I appeal if the Tahsildar does not reply or I disagree with the action taken?
Yes. An appeal may be filed before the Divisional level Appellate Committee if no reply is received within 60 days, or if the petitioner is dissatisfied with the Tahsildar's reply or action.
What can I do if I am dissatisfied with the Divisional level decision?
A review petition may be filed before the District Level Review Committee if the Appellate Committee does not reply within the stipulated time or if the petitioner is dissatisfied with its decision.
