G.O. (Ms.) No. 269, Government Land Encroachment Committee, 2017
The Revenue and Disaster Management Department issued Government Order (Ms.) Number 269, dated 23 August 2017, constituting a Secretary Level Committee to prepare draft amendments to the Tamil Nadu Land Encroachment Act, 1905. The committee must examine proposals for strengthening encroachment law, meet at least monthly and send its draft to the Advocate General of Tamil Nadu for legal opinion.
What the government order does
Government Order (Ms.) Number 269, dated 23 August 2017, was issued by the Revenue and Disaster Management Department following directions of the High Court of Madras concerning encroachments on government land. The High Court had recommended reviewing the Tamil Nadu Land Encroachment Act, 1905, because of the scale and complexity of current encroachment problems.
The government accepted a proposal from the Additional Chief Secretary and Commissioner of Land Administration to create a Secretary Level Committee. The document starts a process for drafting amendments. It does not contain the amendments themselves.
Committee and responsibilities
Government Order (Ms.) Number 269 creates a committee consisting of:
- The Secretary, Revenue, as Chairman.
- The Principal Secretary, Public Works Department, as a member.
- The Additional Chief Secretary, Highways and Minor Ports, as a member.
- The Secretary, Law, as a member.
- The Additional Chief Secretary and Commissioner of Land Administration, as Convenor and Member Secretary.
The committee must:
- Discuss suggestions made by the Commissioner of Land Administration.
- Prepare suitable draft amendments to the Tamil Nadu Land Encroachment Act, 1905.
- Meet at least once every month, or earlier when necessary.
- Send the draft amendments to the Advocate General of Tamil Nadu for legal opinion.
The Public Works Department and the Highways and Minor Ports Department were also asked to make similar amendments to other laws under their administrative control that provide for removing encroachments.
Who may be affected
Government Order (Ms.) Number 269 primarily directs senior government departments and land administration officials. Owners, buyers and people complaining about encroachments may be affected indirectly if the proposed amendments are later finalised, but the document does not publish any new amendment, fee, penalty or individual eviction decision.
Court material reproduced in the document
The High Court of Judicature at Madras order dated 11 August 2014, reproduced with the government material, distinguishes government land encroachment from disputes over private patta land. In that case, the government stated that the disputed cart track passed through private patta lands. The Court held that the issue could not be decided in the public interest litigation and left the petitioner to pursue a civil remedy if desired.
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Common questions
Does Government Order (Ms.) Number 269 amend the Tamil Nadu Land Encroachment Act, 1905?
No amendment text is included. The government order creates a committee to prepare draft amendments and obtain the Advocate General of Tamil Nadu's legal opinion.
Does the committee decide individual government land encroachment complaints?
The committee's stated assignment is to discuss proposals and draft amendments to the Tamil Nadu Land Encroachment Act, 1905. The document does not give it a process for deciding individual cases.
How often must the Secretary Level Committee meet?
The committee must meet at least once a month, or earlier if necessary.
What does the reproduced court order say about a pathway dispute on private patta land?
In the reproduced case, the Court said the dispute could not be determined in the public interest litigation and left the petitioner to pursue a civil remedy if desired.
