HC directs Madurai Corporation to demolish temple constructed unauthorisedly on OSR land
The court was hearing the petition filed by R. Mayilsamy of Madurai who had sought a direction to the authorities to remove the unauthorised construction under the provisions of Tamil Nadu Town and Country Planning Act. The petitioner complained that a temple was constructed illegally by some residents of an apartment complex on the OSR land in New Vilangudi.
A Division Bench of Justices S.M. Subramaniam and A.D. Maria Clete observed that OSR land cannot be allowed to be encroached upon even by the residents of the apartment complex. The OSR lands are to be maintained in the manner contemplated under the Act and the Rules in force.
The court observed that it is clear that the temple had been constructed without permission and was unauthorised. The OSR land had been utilised for construction of a temple in violation of the Act and the Rules.
The Supreme Court and the High Courts have time and again reiterated that OSR lands cannot be encroached upon by the resident or any other person. It is to be maintained by the authorities in the manner contemplated under the Act and the Rules, the court observed.
Since the temple has been constructed unauthorisedly in the OSR land of the apartment complex and in violation of the Rules, the structure has to be demolished and the OSR land is to be maintained scrupulously in accordance with the provisions of the Act and the Rules.
The court directed Madurai Corporation to demolish the unauthorised construction and restore the land to its original position as per the approved building plan in four weeks. The matter was posted for reporting compliance on July 2.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hindustan Times
23 minutes ago
- Hindustan Times
Sans govt SOP, pvt schools deny admissions under RTE
In the absence of clear procedural guidelines from the state government, many private schools across Punjab are refusing admission to children from economically weaker sections (EWS) under the provisions of the Right to Children to Free and Compulsory Education (RTE) Act, 2009. The Punjab and Haryana high court, in its order dated February 19, directed all private unaided schools in the state to reserve 25% of their Class 1 seats for children from these backgrounds. (Shutterstock) The denial of admissions in violation of provisions of the RTE Act, which mandates reservation of 25% of seats in Class 1 for children from weaker and disadvantaged backgrounds, has been repeatedly brought to the attention of the state government by social activists and non-government organisations over the past few weeks. The Punjab and Haryana high court, in its order dated February 19, directed all private unaided schools in the state to reserve 25% of their Class 1 seats for children from these backgrounds. The state government was also directed to ensure strict enforcement of the ruling in the 2025-26 session. The school education department, which instructed the director public instructions, elementary education, and all district education officers three months ago to inform unaided private schools about the HC's directives, had planned to issue a standard operating procedure (SOP) in April, detailing the procedure and guidelines related to the notification of reserved seats, eligibility criteria, admission process and monitoring mechanisms to ensure smooth implement of the legal provisions. Social activists Onkar Nath and Jagmohan Singh Raju, former bureaucrats, who had moved the high court for the implementation of the RTE Act in Punjab and removal of the restrictive state rules, said that there are no procedural guidelines or SOP for reservation of 25% seats from EWS children and admissions in private schools. 'I filed applications under the Right to Information Act (RTI) for information on RTE admissions and all the district education officers have replied saying 'nil', ' he said, blaming the state authorities' apathy for the situation. Raju said the government has neither issued guidelines nor declared the amount to be reimbursed to private unaided schools per child, which was to be notified by June 30 as per the RTE Act. 'They should be proactive and take steps required under the law to ensure RTE admissions. We will file a contempt petition in the matter soon,' said the former IAS officer, putting the number of schools that need to be reserved in Class 1 of private unaided schools for children from underprivileged sections at approximately 50,000. Onkar Nath, a former additional deputy comptroller and auditor general, wrote to chief secretary KAP Sinha on June 14, drawing his attention to the serious and growing non-compliance by private unaided schools, despite clear judicial orders and instructions of the school education department. 'Private schools are denying admissions or deferring responsibility to DEOs, elementary. They have used near-identical justifications, implying a coordinated refusal to ensure compliance. This pattern suggests a deliberate strategy by private school associations to undermine implementation of the RTE Act and high court directions,' he wrote, naming 12 private schools in eight districts of the state. He also submitted a list of students denied admission by private schools in Mohali. 'We have been writing to different authorities at district and state levels, but no action has been taken to ensure admissions,' he added. However, a school education department officer stated that the department had already issued instructions to district officials, who conveyed the court's directives to private schools across the state. 'The department is seized of the matter and exploring various options, including setting up a centralised portal for admission and seat allocation under the Act. This process was being used by Delhi and other states for EWS admissions,' said the officer, who did not wish to be named. Dr Jagjit Singh Dhuri, president of the federation of private schools and associations, claimed that private schools were not against implementing the RTE provisions. 'We have conveyed our willingness to the government several times in writing, but there has to be a procedure and guidelines for its implementation. The law provides for notification of reserved seats with a radius within which children can seek admission, the system of merit, the selection process in case admission seekers are in excess of the number of reserved seats, and notification for per-child fee reimbursement by the state government,' he said.
New Indian Express
30 minutes ago
- New Indian Express
TN governor livid over exclusion of his nominee in BU panel
COIMBATORE: Governor R N Ravi has expressed his dissatisfaction with the state higher education department for failing to include his nominee, an expert, in the selection committee for Bharathiar University registrar's post. Citing violation of Bharathiar University statutes, he directed the higher education secretary and registrar (in-charge) of the university to include his nominee in the selection committee. In a letter dated June 25, principal secretary to governor, P Kirlosh Kumar, said as per statutes 1 of Chapter VII of Bharathiar University Statutes, the registrar shall be appointed by the syndicate on the recommendation of the selection committee consisting of the vice chancellor (V-C) as chairman, three other syndicate members and one expert from outside the syndicate who will be nominated by the chancellor. It has been brought to the notice of the governor-chancellor that steps have been taken for the selection of registrar by a selection committee, constituted without including one expert to be nominated by the chancellor. The selection committee's constitution is not as per the statutes of the university, said the letter. As per governor-chancellor direction, P Kirlosh Kumar requested the higher education department to direct authorities of the university to adhere to the existing provisions of the Act and statute of the Bharathiar University while filling the post of registrar.
Hindustan Times
an hour ago
- Hindustan Times
Drug peddlers to be booked under MCOCA: CM
Mumbai : Chief minister Devendra Fadnavis on Wednesday said in the legislative council that the Maharashtra Control of Organised Crime Act (MCOCA) will be amended during the ongoing monsoon session of the state legislature so that drug dealers can be booked under the stringent law. Maharashtra Chief Minister Devendra Fadnavis and others arrive at Vidhan Bhavan (PTI) The chief minister was replying to a question raised by Bharatiya Janata Party (BJP) legislator Parinay Phuke regarding the smuggling of Mephedrone, a synthetic stimulant drug. 'Those who are arrested in smuggling cases get released within a few days and continue with their business in different cities. I demand that these people be arrested under the MCOCA,' Phuke said. In response, Fadnavis said that smuggling of drugs was a serious issue and various investigating agencies including the Anti-Narcotics Cell (ANC) of the Mumbai police, the Directorate of Revenue Intelligence (DRI) and Narcotics Control Bureau (NCB) had seized 5,158 kilograms of Mephedrone from Maharashtra worth ₹9,522 crore over the past five years. The ANC registered 12 cases and arrested 75 people between 2021 and 2025, while the NCB registered three cases and the DRI registered four cases and arrested 22 people between 2022 and 2025, he said. As per data submitted via the written reply, in 2022, 2023 and 2024, the number of cases registered in connection with Mephedrone smuggling were 303, 642 and 545, respectively. The chief minister mentioned that while those involved in drug peddling are currently booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, the government will amend existing laws so that they can be booked under the MCOCA. 'The amendment will be done in the ongoing monsoon session of the state legislature,' Fadnavis stated. He also said that NDPS units had been set up under every police station and the police department had taken major action against drug peddlers in the past couple of years. 'At the national level too, there is intelligence sharing and big actions are being taken. We will request the high court regarding a fast-track court for these cases,' Fadnavis said.
