Govt. can withdraw ration card, water, electricity supply to coerce migration of encroachers: Madras HC

The Madras High Court recently observed that there is no bar to cutting off unauthorised encroachers from facilities such as ration cards, water, and electricity supply to ensure their removal from the encroached areas..The Court was dealing with a case involving a plea against unauthorised occupation in an area near Elango Street, Govindasamy Nagar. A resident in the area said that it had been notified as a slum and that the State does not have the authority to evict persons residing there..However, the Court found that orders to the contrary have become final and therefore ought to be obeyed. Therefore, in the interim order passed earlier this month, a Division Bench of Justices M Venugopal and S Vaidyanathan opined that coercive measures may be taken by the government to ensure the eviction of encroachers, in compliance with earlier orders..Such coercive measures would also include withdrawal of ration cards, which may be re-issued upon the encroacher migrating to the resettlement area identified by the Slum Clearance Board, held the Court. As noted in its order,.“It is needless to mention that the respondents [State authorities] can take coercive steps, such as disconnection of electricity, water supply, and withdrawal of ration card from the present place forthwith to ensure that the encroachers do not get any benefits from January, 2019, including Pongal gifts, if any declared by the Government and ensure that a fresh ration card is issued to them only after their migration to the area identified by the Slum Clearance Board.“.The directive was passed after the Slum Clearance Board informed the Court that there are alternative tenements earmarked for the encroachers, in compliance with the Court’s orders. As such, the Court held,.“When there are tenements available to accommodate encroachers, nothing prevents the respondents from evicting them from the present place so as to be accommodated in the place identified by the Slum Clearance Board. The plea of law and order problem, raised by the respondents cannot be acceded to. When there is an order passed by this Court, the same has got to be obeyed.“.The matter has been posted to be taken up in January next year so that the State can inform the Court regarding the accommodation of encroachers in the resettlement area..Read the order: