The Madras High Court on March 25, 2022 in the matter of S. Karthikeyan & Anr v. District Collector & Ors. once again made clear its rigid stand on the removal of water body encroachments by stating that officers can’t be allowed to promote encroachers by allotting alternative lands elsewhere.

The first bench noted that allotment of such alternative lands would only promote the tendency to encroach Government/ Poramboke land and water bodies. The court also reiterated about the ‘total failure’ of government officers in the removal of encroachments in water bodies and catchment areas.

It is pertinent to note that Madras High Court had issued a slew of directions to prevent encroachments in January this year, thereby signalling that there will be no leniency towards water body encroachers and land grabbers.

Due to AAG’s submission, the court asked the state if it can refer to any provision of law that mandates state government to allot lands to the encroachers. AAG couldn’t answer the question to the court’s satisfaction. Therefore, Madras High Court noted in the order as below:

“In view of the above, learned Additional Advocate General could not clarify as to why the Officers are promoting the encroachers by allotting alternative lands else-where. It may be a Government policy or decision. However, in the absence of any statutory provision, it would lead to promoting encroachment of the lands on the water-bodies and the same cannot be endorsed.”

The bench also placed reliance on the Apex court’s judgment in Joginder v. State of Haryana, 2021 LL SC 66, where it was held that the persons in illegal occupation of the government land/panchayat land cannot, as a matter of right, claim regularisation.