Supreme Court halts SASTRA eviction,
asks Tamil Nadu Govt to act sensitively
The Supreme Court on Thursday stayed a Madras High
Court direction ordering the eviction of Shanmugha Arts, Science, Technology
& Research Academy (SASTRA) from government land in Thanjavur, saying the
Tamil Nadu government should not make a dispute of a "prestige
issue."
A bench comprising Chief Justice Surya Kant and
Justices Joymalya Bagchi and Vijay Bishnoi asked the state government,
represented by senior advocate Rakesh Dwivedi, to set up a high-powered
committee of three senior state officials to consider SASTRA's representation
and accord the institution a hearing before deciding the issue in four weeks.
Asking the state to act "sensitively"
while dealing with public educational institutions, the bench said till the
time the representation is decided by the panel, the functioning of the
institution should not be hindered.
Notes encroachment, but emphasises
welfare role
The bench, however, noted that the encroachment on
public land cannot be encouraged.
The present case involved a public educational
institution performing a welfare function and not a commercial enterprise, it
said, adding that a welfare state must take into account the role played by
such institutions in furthering public interest.
"The land has been utilised for decades by a
university performing a public function. States must be sensitive in dealing
with such institutions," the bench said, granting interim relief to
SASTRA.
The interim order came on an appeal filed by SASTRA
challenging the Madras High Court judgment of January 9.
The high court had upheld the state's decision
rejecting the university's request for assignment or exchange of government
land and directed implementation of an eviction notice within four weeks.
Land dispute centres on 31.37 acres
within campus
At the heart of the dispute is 31.37 acres of
government land that is interspersed with and contiguous to SASTRA's own patta
land.
According to the university, the disputed land forms
an inseparable part of its campus that houses academic buildings, hostels,
utility infrastructure, and has access roads.
In its plea before the top court, SASTRA contended
that enforcement of the high court's eviction order would severely disrupt the
functioning of the university and affect more than 12,000 students enrolled
across disciplines, including law, engineering, sciences, management and
liberal arts.
Long legal trail from 2018 to 2026
verdict
The top court had in 2018 had dismissed a plea of
SASTRA.
The bench had, however, granted liberty to the
university to submit representations to the state authorities seeking
regularisation or alternative relief.
Pursuant to the order, SASTRA submitted several
representations between 2018 and 2021, including proposals for the exchange of
alternative land parcels.
Although the Tamil Nadu government constituted a
committee to examine the issue, the representations were ultimately rejected in
2022.
The rejection was followed by an eviction notice on
February 25, 2022, prompting SASTRA to approach the Madras High Court.
While those writ petitions were pending, the high
court passed interim orders on August 8, 2022 and September 6, 2022, recording
that classrooms and hostels were functioning on the disputed land.
The court placed the land under its own control
pending final adjudication, restrained further construction, and clarified that
students' education would not be disrupted, though continued use was made
subject to the outcome of the case.
High court eviction order triggers
appeal
On January 9, 2026, the high court dismissed the
writ petitions, upheld the state's rejection of SASTRA's representations and
directed eviction.
The university has stated that government officials
came to the campus the very next day to assert control over portions of the
disputed land.
The SASTRA is a prominent private deemed university
in Thanjavur's Thirumalaisamudram.
www.thehindubusinessline.com,
dt. 16-01-2025