Pasupuleti Venkatalakshmi v. The Regional Administrator-Cum
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.09.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Pasupuleti Venkatalakshmi : Petitioner in WP No.22700/2023 Thota Veerabhadra Rao : Petitioner in WP No.22753/2023 Kanakala Venkatarao : Petitioner in WP No.24616/2023 Kanakala Venkataswamy : Petitioner in WP No.22409/2023 versus 1.The Regional Administrator-cum- Deputy collector (Revenue) Yanam, Puducherry 533464 2.The Estate Officer, (Executive Engineer) P.W.D., Yanam, Puducherry 533464 3.The Deputy Tahsildar (Revenue) Yanam, Puducherry 533464 : Respondents in all W.P.s Prayer: WP Nos.22700, 24616, 22753 of 2023 filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records pertaining to the impugned notice passed by the 2nd respondent vide Lr.No.645/PW/EE/ DB/YNM/2022-23 dated 26.08.2022 and quash the same.
WP No.22409 of 2023 filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records pertaining to the impugned notice passed by the 2nd respondent vide Lr.No.489/PW/EE/DB/YNM /2022-23 dated 30.06.2022 and quash the same. For the Petitioners :
Ms.G.S.Saranya Bai in all W.P.s For the Respondents :
Mr.S.Ravee Kumar, in all W.P.s Government Pleader (Puducherry) COMMON ORDER (Made by the Hon'ble Chief Justice) We have heard Ms.G.S.Saranya Bai, learned counsel for the petitioners and Mr.S.Ravee Kumar, learned Government Pleader (Puducherry) for the respondents.
2. The petitioners are challenging the impugned notice directing eviction on the ground that encroachment has been made on the Government site.
3. It is the contention of the learned counsel for the petitioners that patta has been issued in favour of the petitioners.
4. The learned Government Pleader for the Union Territory of Puducherry
submits that the National Green Tribunal, Southern Zone, Chennai, under its order dated 27.09.2022 has issued directions and the Union Territory of Puducherry would be adhering to the directions.
5. The directions relevant in the present petitions are as under : "48. (b) The Union Territory of Puducherry Government is directed to take steps to relocate the persons to whom Pattas have been granted in this area in an alternate site by providing necessary financial assistance for shifting their residences to other areas including construction of houses, if any, required and evolve the scheme for that purpose at the earliest and add this area also in the water channel/ estuary portion and take steps to maintain the same and this exercise must be completed within a period of six (6) months from the date of receipt of this Judgment;
(e) The question as to whether any provisions will have to be made for the persons who are encroached depending upon their financial bank ground for relocation scheme is the matter to be considered by the Union Territory of Puducherry and we are not expressing any opinion on this aspect. But this will not stand in the way of the District administration in taking steps to
remove such encroachments from the water channel/estuary. In respect of the road that has been constructed in the 'water channel/estuary' portion as mentioned by the district administration of Yanam-Union Territory of Pudhucherry, they must take steps to provide as many as box vents as possible to ensure free flow of water and if it is not feasible, then, they will have to take steps to provide elevated pathway over the water channel/estuary portion, so as to provide right a pathway, if any, required for the persons who are residing on either side of the water channel/ estuary. (f) Both the district administration and the local bodies of Kakinada District (erstwhile East Godavari District) and Yanam-Union Territory of Puducherry Government are directed to implement the Solid Waste Management Rules, 2016, Liquid Waste Management within their jurisdiction to avoid dumping of waste and discharge of untreated sewage into the water channel/estuary so as to pollute the water in the water channel/estuary."
6. The learned Government Pleader submits that alternate site has been identified by the Revenue Department, Yanam and alternate patta will be issued to the original assignee in the new location before they are evicted from
the present site.
7. The aforesaid statement is in conformity with the order passed by the National Green Tribunal.
8. In view of the above, the writ petitions are disposed of. There will be no order as to costs. Consequently, WMP Nos.24051, 22213, 22143, 21810, 24053 of 2023 are closed.
(S.V.G., CJ.) (P.D.A., J.) 12.09.2023 Index : Yes/No : Yes/No tar To 1.The Regional Administrator-cum- Deputy collector (Revenue) Yanam, Puducherry 533464 2.The Estate Officer, (Executive Engineer) P.W.D., Yanam, Puducherry 533464 3.The Deputy Tahsildar (Revenue) Yanam, Puducherry 533464
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(tar) WP Nos.22700, 24616, 22753 and 22409 of 2023 12.09.2023