HC imposes 15k cost on encroacher for frivolous plea
imposed a cost of Rs15,000 on him to be paid to highways authorities.
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Ironically, in an earlier plea moved by the man challenging eviction proceedings issued by the authorities in 2024, the court directed the highways authorities to pay a cost of Rs 10,000 to him for removing a portion of his building without issuing a show cause notice.
Petitioner Kamaraj's land in Karisalkulam is situated adjacent to Madurai-Tuticorin NH where he built a house and a commercial building comprising two shops.
On finding that the petitioner had put up unauthorised constructions by encroaching on their land, highways authorities removed them. Kamaraj had filed a petition in 2024 challenging the highways authority's order for removing encroachment. The court then imposed a cost of Rs10,000 on the department payable to the petitioner for not issuing a show cause notice.
If the construction was found to be in accordance with the building plan permission and highways lands are not encroached, the construction should be restored along with a cost of Rs1 lakh payable to the petitioner, the court said.
Subsequently, the tahsildar deputed a qualified surveyor to measure the property as well as the highways and submit a report. The surveyor's report said the petitioner had encroached upon highway land, which was conveyed to the petitioner's counsel by the highways department assistant divisional engineer in Aruppukottai in May. Challenging the communication, the petitioner filed the present petition seeking restoration of the demolished portion at the highways' cost and payment of Rs1 lakh as per the court's earlier order.
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A division bench of Justice S M Subramaniam and Justice A D Maria Clete observed that the report of the surveyor clearly stated that the petitioner encroached upon highways land and put up unauthorised construction, which was already demolished. Despite this fact, the petitioner filed the present petition, which in the opinion of the court is frivolous and vexatious.
The court said that when the petitioner was well informed about the encroachment, he chose to file this petition only with an idea to claim a sum of Rs1 lakh and for restoration of the unauthorised construction. Hence, the judges dismissed the petition and imposed a cost of Rs15,000 on the petitioner to be paid to the assistant divisional engineer.
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