A STUDY ON ENCROACHMENT BY RELIGIOUS INSTITUTIONS ON PUBLIC LANDS

AUTHOR – GOWRI SHANKARI. R* & VIJAYARAGHAVAN. K**

* ASSISTANT PROFESSOR AT SCHOOL OF LAW, VELS INSTITUTE OF SCIENCE, TECHNOLOGY & ADVANCED STUDIES, PALLAVARAM, CHENNAI – 600117

** LL.B., VISTAS ALUMNI (3 YEARS LL.B., B-SECTION 2022-2025)

BEST CITATION – GOWRI SHANKARI. R & VIJAYARAGHAVAN. K, A STUDY ON ENCROACHMENT BY RELIGIOUS INSTITUTIONS ON PUBLIC LANDS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 448-456, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The article aims in highlighting the judicial commitment towards preserving the goals of government to curb unauthorized occupation of government lands from all modes of encroachment including encroachment by religious institutions. The civic, municipal and rural administration should attempt at the grass root level to protect and prevent the government lands from encroachments. The public administration holds the responsibilities to identify the encroachment at the initial stage with the coordination of respective Revenue and Disaster Management Department for necessary actions taken jointly under due procedures. While in the present scenario were encroachment had not been prevented in the budding stage by the civic administration, the task of evicting the encroachers or to safeguard the government lands from the encroachers occupies a lengthy litigation process. The lethargic attitude of enforcement officials to curb the encroachment result in loss to the exchequer money, and subsequent attempt in removing the encroachment leads to humiliate the sentiments of religious feeling. Tamil Nadu government released statistics stating that over 3,000 places of worship were built on public places, with reference to high court order of Madras. Failure in upholding rule of law by the administration entrusted by the respective State government, forces the judiciary to reinstating the justice through its decisions against encroachment. The verdict delivered by the court incorporates judicial caution to avoid any unintended overreach in their judgment when acting on encroachment. This attitude of courts indicates promotion of social justice and welfare in accordance with the government policies. The Supreme Court plays a pivotal role in eradicating encroachment by religious institution and through any other forms in the country.

Key words:

Encroachment; public places; temple; mosque; church; gurudwar; shrine