G.O. (Ms.) No. 540, Formation of Committees for Grievances on Eviction of Government Land Encroachments

What the government order does

The Revenue [LD6(2)] Department issued G.O. (Ms.) No. 540 on 4 December 2014 following directions from the High Court of Madras. It creates an administrative process for complaints about encroachments on Government land, so that representations can be investigated and answered through designated revenue committees.

The process affects people reporting an encroachment, people alleged to be occupying Government land without authority, and revenue, police and survey officials responsible for examining complaints.

Petition before the Tahsildar

G.O. (Ms.) No. 540 requires a person seeking eviction of an encroachment on Government land to file the original petition before the relevant Tahsildar.

Key steps are:

• The Tahsildar may arrange an inspection by an officer of at least Deputy Tahsildar rank.
• If the Tahsildar is satisfied that Government land is being encroached, 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 explaining any action taken.
• The entire process must be completed within 60 days from receipt of the petition.

Appeal at divisional level

G.O. (Ms.) No. 540 permits an appeal if the Tahsildar does not reply within 60 days, or if the petitioner is dissatisfied with the reply or action taken.

The appellate committee consists of the Revenue Divisional Officer, Deputy Superintendent of Police and Deputy Inspector of Survey. It must meet at least once a month, consider each case individually and give the petitioner an opportunity to be heard. It may conduct a personal inspection with the Tahsildar and surveyors after advance notice. Its written decision must be communicated within 30 days after receiving the appeal.

Review at district level

G.O. (Ms.) No. 540 allows a review petition where the divisional appellate committee does not reply within the required time or the petitioner is dissatisfied with its decision.

The district review committee consists of the District Revenue Officer, Superintendent of Police and Assistant Director of Survey. It must meet at least monthly and communicate its findings within 30 days after receiving the review petition.

Oversight and publicity

G.O. (Ms.) No. 540 requires complaint details and decisions to be presented to the existing District Level Steering Committee on Encroachment headed by the District Collector. District Collectors must publicise the redressal committees from district offices down to village level, while the Additional Chief Secretary and Commissioner of Land Administration must monitor their work.