Authorities must remove encroachments on public roads and OSR lands following statutory survey and due process.

The Petitioner, a resident of Thoothukudi, filed a writ petition seeking a Mandamus to direct the Coimbatore Corporation and Town Planning authorities to remove encroachments and obstructions on a public road

The road in question is located in S.F. No. 309/1, Sundakkamuthur Village, as per an approved layout (LP/DTCP No. 1425/1992)

The Petitioner alleged that these encroachments obstructed public access and requested the restoration of the road to its original position based on a representation dated 08.02.2025

The Joint Director of Town and Country Planning filed a counter-affidavit confirming that the Open Space Reservation (OSR) land, parks, and roads in the layout had already been formally handed over to the Coimbatore Corporation

1. Whether the respondents are legally obligated to remove encroachments on public roads and OSR lands once such lands have been handed over to the local body in an approved layout

The Court applied the principles of municipal administration and land development under the relevant Tamil Nadu Statutes and Rules governing Urban Local Bodies and Town Planning

Specifically, properties designated for public purposes (roads, parks, OSR) in an approved layout vest with the local authority (the Corporation), which holds a statutory duty to maintain them and initiate enforcement actions against illegal encroachments

The Court’s reasoning centered on the admission by the Joint Director of Town and Country Planning that the subject land (including the road and OSR areas) had already been transferred to the Coimbatore Corporation

Consequently, the responsibility for maintenance and protection of this public property shifted to Respondents 1 and 2 (the Commissioner and Assistant Commissioner)

The Court determined that since the land is officially public, the Corporation authorities are duty-bound to identify and evict any encroachers to ensure the road's restoration

However, the Court emphasized that this must be done by following "scrupulously" the procedures and "enforcement actions" mandated by the relevant statutes to ensure due process

The Court held that if encroachments are identified, the authorities must initiate enforcement actions and evict encroachers following the procedure under the relevant Statutes and Rules

The entire exercise was ordered to be completed within three months from the date of receipt of the order

No costs were awarded