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Updated by
Published on
June 23, 2022
June 27, 2022
Edited on
June 23, 2022
On May 8, 2022, VG Kannaiyan, a 58-year-old resident of Govindasamy Nagar in Chennai, immolated himself to protest the eviction drive being carried out in his locality. He died the following day. His suicide has brought attention to ongoing eviction drives in Tamil Nadu. Officials of the Water Resource Department (WRD) and Tamil Nadu Urban Habitat Development Board (TNUHDB) began the eviction drive in the area on April 29, 2022. Residents said they have been living on Elango street in Govindasamy Nagar since the past four decades and even possess identity cards issued by the state government. They cited a government order to allege that their slum had been declared a notified slum back in 1973. They have even sought pattas (house rights) for their settlements on the basis of that order.
Residents were asked to move to alternative accommodations given to them in far away places like Navalur, Perumbakkam, Ezhil Nagar and Kannagi Nagar. Refusing to move to those places, residents complained the allotments provided to them in Perumbakkam lacked basic amenities.
The conflict over Govindasamy Nagar started in 2006 when Rajiv Rai, a local businessman filed a writ petition in the Madras High Court seeking the eviction of the colony's residents. The businessman filed this petition allegedly to facilitate the widening of access road for his property and increase its real estate value. His property lies adjacent to the residents' colony. The Madras High Court declared the residents of Govindasamy Nagar as encroachers and ordered their removal in 2006. However, there was a delay in the execution of the order. In 2008, Rai filed another petition in the High Court seeking the removal of the colony in a time bound manner. The High Court's verdict was in favour of Rai. Following this, residents filed an appeal against the High Court verdict in the Supreme Court. In 2011, the Supreme Court (SC) upheld the High Court's decision and directed that the encroachers be provided alternative accommodation.
In 2014, the Tamil Nadu Slum Clearance Board carried out a survey and identified 366 encroachers and removed them. Rai approached the SC again in 2015 with a petition alleging contempt of court's orders as the Tamil Nadu Slum Clearance Board did not clear all encroachers, which according to him were 625 and included the residents living on Elango street. Residents of Govindasamy Nagar came to know of these verdicts only in 2015 when Chennai district administrative officials visited the area to carry out the survey prior the eviction. The residents approached the SC in 2017 with an application to become a party to the case seeking their eviction. SC dismissed their application but gave them the liberty to approach the Madras High Court to prove that they were not encroachers.
In 2018, the Madras High Court ordered the eviction of residents of the slum in Elango street, along with the provisioning of alternative accommodation to them. The deadline for moving to those accommodations was extended till mid June. In April 2022, Chennai administrative officials implemented the court order by demolishing houses. The residents of the colony approached the SC with a plea to halt the demolitions, but their application was rejected. This decision was issued a day after Kannaiyan's death, the resident who set himself ablaze to protest the evictions.
Following the Kanniyan's suicide, Tamil Nadu's Chief Minister M. K. Stalin announced that the evicted residents would be rehabilitated in Mandaveli and Mylapore within the city, as opposed to the earlier plan of shifting them to the outskirts. Speaking in the Assembly, Stalin also said that a new resettlement policy that covers all aspects of people's welfare will be drafted soon and people will henceforth be moved out only after all basic facilities are ensured at resettlement sites. It may be noted that the State government is yet to finalise its draft of the Rehabilitation and Resettlement Policy, released in October 2021,
R Geetha, of Pennurimai Iyakkam, an organisation that provides legal aid to the residents, told LCW that despite Stalin's announcement, the Collector has been saying that the residents would be evicted and resettled in Perumbakkam. "The government's affidavit also mentioned Perumbakkam and not Mylapore or Mandaveli. The entire problem can be avoided if the government stopped lying," she said. Supreme Court is scheduled to hear this matter further in July 2022.
Demand for legal recognition of land rights
Demand for rehabilitation
Complaint against procedural violations
Refusal to give up land for the project
Urban
Common
Non-Forest (Other than Grazing Land)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Forced evictions/dispossession of land
Non-consultation with stakeholders
Lack of legal protection over land rights
Non-rehabilitation of displaced people
Violation of free prior informed consent
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
Supreme Court and Madras High Court
Case Number
W.P.No.31114 of 2017 [Madras High Court], Contempt Petition (C) 844-846/2015 [Supreme Court]
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Self-immolation/suicide
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
VG Kannaiyan, a 58-year-old resident of Govindasamy Nagar, immolated himself to protest the eviction.
Date of Violation
May 7, 2022
Location of Violation
Govindasamy Nagar
Nature of Protest
Protests/marches
Suicide/attempt at suicide
Government Departments Involved in the Conflict:
Tamil Nadu Urban Habitat Development Board, Greater Chennai Corporation, Chennai District Administration, Water Resources Department, Tamil Nadu Slum Clearance Board
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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