Supreme Court Quashes Government Orders Establishing Anti Land Grabbing Special Cells in Tamil Nadu

New Delhi, May 4, 2023: In a significant ruling, the Supreme Court of India has upheld the decision of the Madras High Court to quash government orders that established Anti Land Grabbing Special Cells in Tamil Nadu. The judgment was delivered by a bench comprising Justice M.R. Shah.

The government orders in question, G.O. (Ms.) No. 423 dated 28.07.2011 and G.O. (Ms.) No. 451 dated 11.08.2011, sanctioned the formation of 36 Anti Land Grabbing Special Cells in Tamil Nadu to tackle the rising issue of land grabbing in the state. However, the High Court had allowed writ petitions challenging these orders, citing the absence of guidelines and the potential for abuse of power.

The Supreme Court, in its judgment, concurred with the High Court's reasoning. It noted that the government orders did not provide clear guidelines for selecting land grabbing cases, leaving it to the discretion of the police officers attached to the Anti Land Grabbing Special Cells. This lack of clarity opened the door for arbitrary exercise of power and the possibility of abuse and misuse. The court emphasized that the absence of a specific definition of "land grabbing" further compounded the issue.

While upholding the High Court's decision to quash the government orders, the Supreme Court suggested that the state government enact appropriate legislation on the lines of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982. The court emphasized the importance of defining "land grabbing" and "land grabber" and providing clear guidelines for identifying and addressing such cases.

The judgment also clarified that the dismissal of the appeals and the quashing of the government orders should not hinder the state government from enacting new legislation or better legislations to combat land grabbing effectively.

In a separate Criminal Appeal No. 275 of 2022, which involved the transfer of a land grabbing case from a Special Judicial Magistrate to a Judicial Magistrate-II, Erode, the Supreme Court dismissed the appeal, citing its concurrence with the High Court's decision.

May 4, 2023

GOVERNMENT OF TAMIL NADU VS THAMARAISELVAM ETC. ETC.