State Cannot “Turn Back The Clock” After Decades To Claim Title Over Lands Held By Innocent Citizens: SC
While coming out most openly and vehemently in support of innocent citizens, we see that none other than the Supreme Court in a most learned, laudable, landmark, logical and latest judgment titled The Secretary, Govt of Tamil Nadu and others vs S Raja and Others Special Leave Petition (C) Nos. 24430-24431 of 2019 and cited in Neutral Citation No.: 2026 INSC 407 that was pronounced just recently on April 22, 2026 in the exercise of its civil appellate jurisdiction has deemed it fit to dispose of a batch of Special Leave Petitions concerning land transactions in Thazhambur village of Kancheepuram district. We thus see that a long-standing status quo order has been vacated by the Division Bench of Apex Court. It is worth paying singular attention that the top court minced absolutely just no words to make it indubitably clear that the State Government cannot ignore the creation of third-party rights over several decades and must not deny basic amenities to occupants of villas and flats built on the disputed lands. It merits just no reiteration that this leading judgment must be definitely emulated by the Judges of the High Courts and so also District Courts in similar such cases.
At the very outset, this brief, brilliant, bold and balanced judgment authored by Hon’ble Mr Justice Sanjay Kumar for a Division Bench of the Apex Court comprising of himself and Hon’ble Mr Justice K Vinod Chandran sets the ball in motion by first and foremost putting forth in para 1 that, “In Special Leave Petition (C) Nos. 24430-24431 of 2019, officials of the Government of Tamil Nadu assailed the common order dated 25.09.2019 passed by a division bench of the Madras High Court in W.P. Nos. 11156 of 2018 and 24500 of 2019. Their limited grievance centred around the fact that the division bench had vacated the interim order of status quo which was passed in and remained subsisting during the pendency of W.P. No. 11156 of 2018, while passing the common order.”
As we see, the Division Bench then lays bare in para 2 disclosing that, “Special Leave Petition (Civil) No. 26314 of 2019 was filed by Casagrand Builder Private Limited, aggrieved by the common order dated 25.09.2019 insofar as it pertained to its writ petition, viz., W.P. No. 24500 of 2019. Special Leave Petition (C) (Diary) No. 2594 of 2021 was filed by one C.E. Satyanarayana Reddy assailing the common order dated 25.09.2019 in relation to both the writ petitions.”
To put things in perspective, the Division Bench envisages in para 3 stating that, “By order dated 21.10.2019, while issuing notice in SLP (C) Nos. 24430-24431 of 2019, this Court directed status quo existing as on that date to be maintained by the parties. On 13.11.2019, this Court issued notice in SLP (Civil) No. 26314 of 2019 and tagged it with SLP (C) Nos. 24430-24431 of 2019. Several applications came to be filed in these matters by third parties claiming that they were allottees/landowners/flat owners who were adversely affected by this Court’s status quo order.”
As it turned out, the Division Bench enunciates in para 4 observing that, “Writ Petition (C) No. 11156 of 2018 was purportedly filed as a public interest litigation by S. Raja, respondent No. 1 herein. We may note, at this stage, that S.Raja remains elusive even as on date, as he did not enter appearance before this Court. In any event, he sought a direction in his writ petition to the authorities to inspect the records of Thazhambur Village in Kancheepuram District to ascertain whether encroachments were made and to take necessary steps in that regard. His grievance was mainly in relation to the land allotted to C.E. Satyanarayana Reddy, the 6th respondent therein, under pattas issued vide proceedings dated 18.12.1988 of the Tahsildar, Chengalpattu Taluk, Kancheepuram District. His allegation was that the 6th respondent sold land in excess of what had been allotted to him and the transactions were wholly illegal. In that regard, reference was made by him to the land allotted to freedom fighters in Thazhambur Village, vide proceedings dated 07.06.1966, which was also sold. The proceedings dated 07.06.1966 of the Tahsildar, Chengalpattu, whereby assignment was made to 36 freedom fighters, related to lands in Survey Nos. 158/1 & 2, 159/1, 161/1 & 2, 162/1, 2 & 3, 163/1, 2 & 3, 164/1, 165/1 & 2, 166/1, 2 & 3, 167/ 1 & 3, 168/1 & 2, 169/2, 3 & 4, 170/1, 2, 3 & 4 and 171/1, 2, 3 & 4 of the village. He also alleged that the 6th respondent had sold 15 acres of the land allotted to him to the 7th respondent therein, viz., Casagrand Builder Private Limited, and the said transaction was without authority, as the very allotment was illegal.”
Do note, the Division Bench notes in para 5 that, “During the pendency of the said writ petition, the Government of Tamil Nadu issued G.O. Ms. No. 283, Revenue & Disaster Management Department, Land Reforms Wing LR-2(1) Section, dated 09.08.2019, constituting a committee to probe the illegal land transactions in Thazhambur Village and submit a report within two months.”
Do also note, the Division Bench then notes in para 20 that, “We do not wish to advert to further details in relation to the numerous documents that came to be executed over the past few decades in relation to various lands in Thazhambur Village, whereby creation of third-party rights multiplied manifold in favour of innocent purchasers, who came into the picture only with the hope of having their own homes. The initial enquiry based on S.Raja’s writ petition seems to have now taken on a different dimension altogether, ignoring all the past developments. Whether such an exercise can be undertaken in the guise of compliance with the common order dated 25.09.2019 passed by the division bench of the Madras High Court is open to question.”
Do further note, the Division Bench then also notes in para 21 that, “n any event, the process of this Court was utilised only for the purpose of prolonging the status quo, which was subsisting during the writ petition. Having secured a status quo order from this Court as long back as in the year 2019, the State Government and the authorities cannot be permitted to perpetuate the same while they drag their feet. It is an admitted fact that as many as three reports have come into existence pursuant to the enquiry undertaken by the authorities. The first such report is dated 18.03.2020. The second report is dated 18.02.2021 and the third report is dated 12.11.2021. As the authorities have now deemed it appropriate to seek the intervention of a retired Judge of the High Court to examine the enquiry report(s) and make recommendations as to the options that are available to the Cabinet, we do not consider it appropriate to say anything on the merits of the matter.”
Most significantly, the Division Bench encapsulates in para 22 what constitutes the cornerstone of this notable judgment postulating precisely that, “We may only point out that it is not open to a professed welfare State to seek to turn back the clock after several decades and attempt to undo what was done long ago. All the more so, when much water was allowed to flow under the bridge, whereby third party rights have been created, involving innocent citizens who have spent their hard-earned monies in the hope of having a roof of their own over their heads. It is not open to the State Government to ignore the plight of such citizens and baldly claim that its lands were illegally parted with, ignoring the fact that such acts, if any, took place long ago. The Government would not be justified in seeking to wipe out transactions that are decades-old so as to claim title over lands that are now in the possession of innocent citizens.”
Equally significant and most remarkably is that the Division Bench then propounds in para 23 holding that, “Further, as it is an admitted fact that several villas and flats have been constructed in the lands in question and the same have already been sold, be it under registered documents or otherwise, occupants of such villas and flats cannot be denied basic amenities by the State authorities. It is not open to them to prolong or delay procedural formalities in that regard so as to deny fundamental amenities to such occupants. The Government and its authorities should be mindful of this aspect, as we are informed that despite our order dated 04.02.2026 no steps have been taken by the authorities to provide water and sewerage to the flat buyers who are in occupation of 450 flats in Survey No. 161/1 of the village. It is also not open to the authorities to continue to take advantage of the status quo order passed by this Court in 2019 at this late stage and prolong the matter unmindful of the plight of the occupants of these lands.”
Most forthrightly, the Division Bench then unequivocally holds in para 24 expounding that, “We, therefore, do not consider it necessary to keep this matter pending. Sufficient time has already elapsed since the passing of the common order dated 25.09.2019 by the division bench of the Madras High Court and more than enough leeway has been given by this Court to the authorities to complete their exercise. The learned Judge, presently seized of the matter, has said that a minimum of four months’ time would be required for him to complete his exercise, and we are of the opinion that a further period of two months thereafter would be more than sufficient for the authorities to take necessary action on the strength of his recommendations. Needless to state, while doing so, the Government shall bear in mind the third party interests that were allowed to be created over the past several decades and take appropriate decisions in that regard within lawful parameters.”
Be it noted, the Division Bench notes in para 25 that, “SLP (C) Nos. 24430-24431 of 2019 are disposed of in the afore-stated terms. The interim order of status quo dated 21.10.2019 shall stand vacated. It would be open to parties aggrieved by any further action/inaction on the part of the authorities to take recourse to appropriate remedies available to them in accordance with law.”
It is also worth noting that the Division Bench then directs and holds in para 26 mandating that, “As G.O. Ms. No. 283 dated 09.08.2019 has already been acted upon and several enquiry reports have been tabled, we find no grounds to interfere therewith at this stage at the behest of Casagrand Builder Private Limited. SLP (C) No. 26314 of 2019 is, accordingly, dismissed.”
It would be instructive to note that the Division Bench hastens to add in para 27 directing and holding that, “Further, we find no reason to condone the delay of 403 days in the filing of SLP (C) Diary No. 2594 of 2021 at this late stage. SLP (C) Diary No. 2594 of 2021 is, accordingly, dismissed.”
Finally, the Division Bench then concludes by directing and holding in para 28 that, “Contempt Petition (Diary) No. 5891 of 2026 was filed by fourteen persons on the anvil of transactions allegedly made in violation of the status quo order dated 21.10.2019 passed by this Court. The transactions cited by them are of the years 2019, 2020, 2021 and 2022 but the contempt case was filed only on 29.01.2026. Surprisingly, the Office Report dated 07.04.2026 states that the contempt petition was filed with only a delay of 251 days. On facts, we do not find it to be so. In terms of the law laid down by this Court in Pallav Sheth vs. Custodian and others (2001) 7 SCC 549, the limitation for initiation of contempt proceedings would ordinarily be one year from the date of commission of the contempt. As the delay in this case is clearly beyond one year, we are not inclined to condone the delay and entertain this contempt petition. The contempt petition is, accordingly, dismissed on the ground of delay.
Pending applications in all matters shall also stand disposed of.”
In essence, we thus see that the Apex Court has made it indubitably clear in this notable judgment that a State cannot “turn back the clock” after many decades to claim title over lands held by innocent citizens. This is definitely most commendable, courageous and creditworthy stand taken by Apex Court against the most arbitrary action taken by States by which innocent citizens would have suffered immeasurably had the top court not stepped in! There can be just no gainsaying that it deserves to be emulated by all the courts in similar such cases to ensure that innocent citizens are not held to ransom for no fault of theirs!
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