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HC asks encroachers to hand over property to TNHB

By Our Staff Reporter

CHENNAI MAY 6 . The First Bench of the Madras High Court stayed for a day the eviction of encroachers from a valuable 2.81-acre Tamil Nadu Housing Board property at Adyar, only to direct the 16 encroachers to hand over the possession to the board within one week.

The First Bench comprising the Chief Justice, B. Subhashan Reddy, and Justice D. Murugesan gave the direction on April 30, after dismissing an appeal by Maruthi Universal, one of the occupiers of the property at Indira Nagar, Adyar.

When the TNHB, pursuant to a single judge order on April 21, started evicting the encroachers on April 29, the First Bench's stay order was communicated to the authorities.

However, on April 30, the Bench dismissed the appeal and directed the encroachers to hand over the possession of the property, valued at Rs. 25 crores, to the TNHB.

Official transferred

Meanwhile, the Executive Engineer of the TNHB's Besant Nagar division was transferred for having failed to ``carry out the eviction and failing to secure the board's land''. "Even after receipt of written orders, the official did not take effective action to carry out the eviction. He also failed to send letters to request the Electricity Board for disconnection of power, police protection and stationing of executive magistrate (tahsildar)," a TNHB release said today.

Though Justice K. Govindarajan permitted the TNHB to evict the 16 encroachers running automobile shops, service stations and marble shops as early as April 21, the Executive Engineer did not carry out the eviction, the release said, adding that an enquiry had been ordered to find out the involvement of other officials in the ``fraudulent transaction''.

The plot was under occupation by T.D. Parasuraman since 1984, and owing to prolonged litigation and interim injunctions the TNHB could not take over the land.

According to the TNHB counsel, Veerasekaran, the occupier had obtained false patta and approval, and even leased out the premises to various businesses. The land was originally meant for a high school and a playground.

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