Official guidance, Tamil Nadu land law
அரசாணை (நிலை) எண். 771, சட்டத்திற்குப் புறம்பான ஆக்கிரமிப்புகளுக்கான உயர்மட்டக்குழு
The Government of Tamil Nadu Revenue Department issued Government Order (Ms.) Number 771 dated 27 November 2006, establishing a state level High Level Committee to monitor and act on illegal encroachments. The committee oversees removal of encroachments from waterbody poramboke land, reviews district monitoring, and decides certain unresolved or long standing government land encroachment cases.
Purpose of the government order
Government Order (Ms.) Number 771 dated 27 November 2006 was issued following a Madras High Court judgment dated 6 June 2002. The judgment called for a Secretariat level committee involving government officials and elected local body representatives to monitor illegal encroachments and establish responsibility for recurring encroachments.
The Government of Tamil Nadu Revenue Department consequently created a state level High Level Committee chaired by the Minister for Revenue and Law.
Committee membership
The High Level Committee includes senior state officials and non-official members. Its official members include:
- The Chief Secretary.
- Secretaries responsible for Revenue, Environment and Forests, Rural Development, Municipal Administration and Water Supply, Home, Public Works, and Highways.
- The Commissioner of Land Administration.
The Government also appointed two Members of the Legislative Assembly and representatives associated with the Chennai, Coimbatore, Salem, Madurai, Tiruchirappalli and Tirunelveli corporations, and the Ambattur and Tiruppur municipalities.
Main responsibilities
The High Level Committee is responsible for existing illegal encroachments and for monitoring the appearance of future encroachments. Its specified functions are:
- Monitoring the removal of encroachments from waterbody poramboke land.
- Examining, once every three months, the Commissioner of Land Administration's review report on the work of district monitoring committees.
- Deciding whether to remove encroachments involving permanent buildings that have stood on government poramboke land for more than 20 years.
- Deciding cases in which a district monitoring committee cannot reach a unanimous decision on removal of an encroachment.
The Special Commissioner and Commissioner of Land Administration was directed to take further action, and the government order was also sent to all District Collectors.
Relevance to landowners and buyers
Government Order (Ms.) Number 771 is relevant where land or a building may occupy government poramboke land or waterbody poramboke land. A permanent building standing for more than 20 years is not automatically protected under the document. Instead, the High Level Committee is assigned responsibility for deciding whether such an encroachment should be removed.
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Common questions
Does a building become protected because it has occupied government poramboke land for more than 20 years?
No automatic protection is stated. The High Level Committee is responsible for deciding whether encroachments involving permanent buildings standing for more than 20 years should be removed.
Who monitors removal of encroachments from waterbody poramboke land?
The state level High Level Committee created under Government Order (Ms.) Number 771 monitors the removal work.
What happens if a district monitoring committee cannot agree on removing an encroachment?
A case in which the district monitoring committee cannot reach a unanimous decision is referred to the state level High Level Committee for a decision.
Does the High Level Committee deal only with existing encroachments?
No. The committee is responsible for existing illegal encroachments and also monitors the emergence of future encroachments.