Madras High Court Directs TNHB to Address Encroachment Issues

The Madras High Court has mandated the Tamil Nadu Housing Board (TNHB) to submit a comprehensive report within three months detailing all land acquisitions that remain unutilised due to encroachments.

The ruling, issued by a division bench comprising Justices S S Sundar and N Senthilkumar, came in response to a petition filed by B Parthiban of Nerkundram, Chennai, seeking eviction of encroachers from TNHB-acquired properties. The court’s order requires TNHB to provide specifics on acquired lands where development projects have been stalled either due to encroachments by third parties or pending legal challenges. This directive underscores the court’s commitment to addressing governance lapses and ensuring effective utilization of public resources.

The petition stemmed from a dispute involving the regularisation of constructions on 40 cents of TNHB land, initiated by N Narayanamurthy and his wife N Jayanthi. The Secretary of Tamil Nadu Housing and Urban Development had earlier issued an order favouring the regularization of structures erected prior to February 28, 1999, a decision contested by Parthiban citing illegal occupation of TNHB property.

In response to Parthiban’s plea, the bench overturned the Secretary’s order and instructed swift resolution of the pending appeal filed by Narayanamurthy, urging authorities to enforce eviction measures pending appeal outcomes. The court emphasized adherence to legal protocols, directing enforcement actions for demolition where statutory revisions lacked merit.

During proceedings, Narayanamurthy’s counsel sought an extension until December 2024 to vacate the premises, citing potential job losses should immediate demolition occur. The court mandated a commitment affidavit ensuring no third-party rights had been created on the disputed land, underscoring judicial scrutiny over property rights and legal remedies in such disputes.