LI Network
Published on: November 29, 2023 at 13:03 IST
The Madras High Court has affirmed the constitutional validity of Section 6 of the Tamil Nadu Land Encroachment Act, 1905, asserting that the expeditious eviction of unauthorized occupants of public property is in the public interest.
Responding to a writ petition challenging the constitutionality of Section 6 of the TN Land Encroachment Act, a Division Bench led by Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy held that an intelligible difference exists between occupants of public and private property.
The court emphasized that a quicker eviction procedure serves the public interest and prevents individuals from occupying government property that can be used for public purposes.
The petitioner sought a declaration that Section 6 of the Act is void, violating Articles 14, 19(1)(e), and 21 of the Constitution of India.
The court rejected the argument that Section 6 is discriminatory, highlighting the distinction between public and private property occupants.
It also noted that the constitutional validity of the Act, including Section 6, was upheld by a Constitution Bench of the Supreme Court, preventing reconsideration of the challenge.
The court clarified that eviction under Section 6 follows a reasonable procedure, and the petitioner, having unlawfully occupied government property, is not entitled to protection under Article 21 of the Constitution.
The reliance on Article 13 of the Constitution was deemed misplaced, as the Act does not contradict Part III of the Constitution.
The court concluded that the petitioner failed to demonstrate the Act’s inconsistency with constitutional provisions and dismissed the writ petition.
Case Title: Gunasekaran v. The State of Tamil Nadu & Ors.”