The Supreme Court has instructed a survey to determine whether the construction of Kerala's Mega Car Park has encroached upon any part of the property covered by the Periyar Lake Lease Agreement.
Justice Abhay S. Oka's Bench has directed the Survey of India (SoI) to carry out the demarcation and survey of the lease agreement area, with a specific focus on identifying the construction of the mega car park.
The origins of this case trace back to an order on October 18, 2023, which directed both the State of Tamil Nadu and the State of Kerala to submit affidavits and consent to a survey conducted by the Survey of India. Central to the dispute is the construction of the Mega Car Park, with the primary objective being to ascertain whether it encroaches upon land outlined in the Periyar Lake Lease Agreement dating back to October 29, 1886.
The historical agreement granted Tamil Nadu exclusive rights to utilize 8,000 acres at the confluence of Periyar and Mullayar, along with an additional 100 acres for dam construction. Furthermore, it bestowed the right to use water from the dam for irrigation purposes for a duration of 999 years.
In compliance with the court directive, both states submitted affidavits and agreed to the proposed survey by the Survey of India. The senior counsel representing the plaintiff, the State of Tamil Nadu, explicitly stated that they have no objection to adhering to the procedure outlined in the affidavit submitted by the State of Kerala on November 24, 2023. The central focus of the matter is determining whether the Mega Car Park has been erected on the land governed by the significant Periyar Lake Lease Agreement.
The primary goal of the Supreme Court is to establish whether the Mega Car Park's construction encroaches upon the land specified in the 1886 Periyar Lake Lease Agreement. To achieve this, the Court instructs the Survey of India (SoI) or its appointed officers to conduct a thorough survey following the procedure outlined in paragraph 12 of the State of Kerala's affidavit. It is presumed that this procedure contains specific guidelines for the demarcation and survey process.
Emphasizing the survey's significance in establishing the precise extent covered by the 1886 lease deed and subsequently assessing whether the Mega Car Park has encroached upon this designated leased area, the Court underscores the importance of transparency in the survey process. This includes providing advance notice to officers nominated by both states.
The Court has granted a three-month period for the Survey of India (SoI) to finalize the demarcation and survey, with a requirement to submit a comprehensive report directly to the court. Further proceedings in the case are scheduled for March 11, 2024. This order highlights the court's commitment to resolving the ongoing dispute effectively, emphasizing the importance of a meticulous and impartial survey conducted by the SoI.
Case: State of Tamil Nadu vs. State of Kerala,
Original Suit (s). No(s). 4/2014.
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