Supreme Court Intervenes in Sastra University Land Dispute
The Supreme Court of India has stepped in to halt a recent Madras High Court decision. This move comes just a week after the high court permitted the Tamil Nadu government to reclaim 31.37 acres of government land. Sastra Deemed University in Thanjavur had encroached on this land nearly thirty years ago.
Court Grants Stay on Educational Grounds
A bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vijay Bishnoi, issued an interim order. They stayed the high court verdict after hearing an appeal from the university. The court explicitly stated that the stay was granted because the land is currently being used for educational purposes.
The bench emphasized that educational use places this case on a different footing compared to commercial encroachments. They noted that the state government should consider the three alternative land offers presented by the university.
University's Proposals and Government's Stance
Senior advocates Mukul Rohatgi and C S Vaidyanathan represented Sastra University during the proceedings. They argued that the university had made three separate offers of alternative land. These proposals were intended for the construction of an open-air prison in Thanjavur.
On January 10, the Madras High Court had rejected the university's plea. The plea challenged a government order that refused to accept the alternate land offered by the university. Senior advocate Rakesh Dwivedi, representing the Tamil Nadu government, contended that allowing such a case could set a problematic precedent. He warned that every other encroacher might then demand the government take alternative land instead.
Next Steps in the Legal Process
The Supreme Court has suggested that a high-power committee could be constituted to review the university's proposals. Until such a committee makes a decision, the university will be allowed to continue its educational activities on the disputed land.
This legal battle highlights the complex interplay between land rights and educational infrastructure in India. The Supreme Court's intervention underscores the importance of considering the purpose of land use in such disputes.
