Madras HC Says Donor’s Son’s Sale Of 78-Cent Land Gifted For A Bus Stand Was Void, Orders Fresh Encroachment Action

The petitioner sought removal of alleged encroachments on 78 cents of land in Periyapalayam Village, comprising Survey Nos. 206/1A and 206/4A.

He asserted that his grandfather had gifted the land to the Village Panchayat by registered deed in 1957 for use as a public bus stand, and that patta had been issued in the Panchayat’s name.

After the petitioner complained of structures on the land, the Tahsildar issued notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, but later dropped the action on the mistaken understanding that the land was patta land.

The Tahsildar subsequently acknowledged the error and stated that the land had been gifted to the Panchayat, although the donor’s son had executed sale deeds in favour of private respondents.

The Court referred to Section 7 of the Tamil Nadu Land Encroachment Act, 1905, under which enforcement action may be initiated by issuing notice to alleged encroachers and following the prescribed procedure.

It also held that where land has been gifted to a Village Panchayat for public use and has vested in the Panchayat, a subsequent alienation by the donor cannot be sustained and the documents of alienation are null and void.

The Tahsildar’s affidavit established that the earlier decision to drop enforcement proceedings rested on an erroneous assumption that the land was patta land, despite the registered gift to the Panchayat and the patta in its name.

In view of the asserted public-purpose vesting and the acknowledged error, the Court directed the authorities to recommence enforcement action.

It required them to give the contesting respondents and other notified encroachers an opportunity to submit explanations and supporting documents, and then to proceed in accordance with the Act.

The exercise was to be completed within twelve weeks from receipt of the order.

The writ petition was disposed of with no order as to costs.