LI Network
Published on: November 27, 2023 at 11:44 IST
The Madras High Court dismissed a challenge to the Tamil Nadu Land Encroachment Act, asserting that individuals unlawfully occupying land cannot seek refuge under Article 21 of the Constitution when eviction is carried out in accordance with the law.
The court, comprising Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy, clarified that Article 21 protection does not extend to those unauthorizedly occupying government property, emphasizing that a person cannot claim a constitutional right to unlawfully occupy land.
The court further noted that the Act, which allows for speedy eviction, does not violate Article 19 of the Constitution, as the right to reside and settle does not encompass unauthorized residence.
The petition contested the validity of the Tamil Nadu Land Encroachment Act 1905, specifically challenging Section 6 of the Act, alleging violations of Articles 14, 19(1)(e), and 21 of the Constitution.
Section 6 of the Act empowers the Collector to summarily evict individuals unlawfully occupying land, with provisions for forfeiture of crops, products, buildings, or constructions.
The petitioner argued that the Act infringes on the right to shelter, asserting that it is pre-constitutional and lacks conformity with fundamental rights.
The court rejected these arguments, citing the Supreme Court’s previous validation of the Act’s constitutionality. It emphasized that once the apex court upholds the constitutionality of a provision, new challenges on different grounds are not admissible.
The court also dismissed claims of discrimination, stating that the Act’s distinction between occupants of public and private property is reasonable and in the public interest.
In conclusion, the court upheld the constitutional validity of the Act, reinforcing the authority of the state to evict unauthorized occupants through a swift legal process.
Case Title: Gunasekaran v The State of Tamil Nadu and Others
