Amendments to Government Land Encroachment Redressal Committees
The Revenue [LD6(2)] Department issued G.O.(Ms).No. 148 dated 24.03.2016, amending G.O.(Ms).No.540 dated 04.12.2014 on committees for grievances concerning eviction of encroachments from Government land. The amendments add Water Resources Department, Public Works Department engineers to the redressal mechanism and require responsibility to be fixed on those officials when they default in dealing with encroachments.
What the document changes
G.O.(Ms).No. 148 dated 24.03.2016, issued by the Revenue [LD6(2)] Department, amends G.O.(Ms).No.540 dated 04.12.2014. The earlier Government Order had constituted three bodies for handling grievances about eviction of Government land encroachments:
- A Taluk Level Committee.
- An Appellate Committee at the divisional level.
- A Review Committee at the district level.
The amendments bring officers of the Water Resources Department, Public Works Department into this committee system. The stated purpose is to provide a mechanism for eviction of encroachments in water bodies under that department.
Background
G.O.(Ms).No. 148 refers to a case concerning alleged encroachments in the Vayalur Channel, an off take channel of the Palar River in Thirukalukundram Taluk, Kancheepuram District. The petitioner sought removal of encroachments and demolition of illegal or unauthorised constructions in that area.
The High Court of Madras observed that encroachments occurred across Tamil Nadu and directed the Public Works Department to identify responsibility and take disciplinary action against defaulting employees. The Court also directed the creation of a mechanism for encroachments covered by the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007, similar to the existing public land mechanism for complaints, decisions and appeals.
Key amendments
G.O.(Ms).No. 148 makes the following changes to the earlier committee arrangements:
- The expression referring to the respective Tahsildar is replaced with a reference to the respective Tahsildars or the Assistant Engineer, Water Resources Department, Public Works Department.
- An Assistant Executive Engineer from the Water Resources Department, Public Works Department is added alongside the listed members at the relevant committee level.
- An Executive Engineer from the Water Resources Department, Public Works Department is added alongside the listed members at the relevant committee level.
- Where an Assistant Engineer, Assistant Executive Engineer or Executive Engineer defaults in dealing with encroachments, the Public Works Department must fix responsibility on officials from Assistant Engineer level to Executive Engineer level.
Who may be affected
G.O.(Ms).No. 148 is relevant to people making or pursuing grievances about eviction of encroachments from Government land or Water Resources Department water bodies. It also directly affects the Public Works Department engineering officials added to the committee process and made accountable for defaults.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does G.O.(Ms).No. 148 create a new encroachment complaint system?
It amends the three committee system already constituted by G.O.(Ms).No.540 dated 04.12.2014. The amendments extend that mechanism by adding Water Resources Department, Public Works Department engineers.
Which committees handle Government land encroachment grievances?
The source identifies a Taluk Level Committee, an Appellate Committee at the divisional level and a Review Committee at the district level.
Does the mechanism cover encroachments in water bodies?
Yes. G.O.(Ms).No. 148 was issued to extend the eviction mechanism to water bodies of the Water Resources Department, Public Works Department.
Can Public Works Department engineers be held responsible for failing to act?
Yes. The Public Works Department must fix responsibility for defaults on officials from Assistant Engineer level to Executive Engineer level.
