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Legal News 29 November 2023

Kerala and Tamil Nadu, Periyar Lake Lease Agreement dispute: SC directs to conduct a survey and lists the matter on March 11, 2024

On November 28, 2023, in a dispute between the state of Kerala and the state of Tamil Nadu, the Supreme Court (SC) bench comprising Justice Abhay S Oka and Justice Pankaj Mithal directed the Survey of India to conduct a survey and determine the property covered by the Periyar Lake Lease Agreement dated October 29, 1886. The survey to be conducted will make sure whether the construction of the mega car park by the state of Kerala has encroached on the leased area. A period of three months was granted by the SC to conduct the survey and submit a report to the Court and listed the matter for further hearing on March 11, 2024.  

The bench observed “We are ordering a survey with a view to ascertain whether the construction of a mega car park has been made on any part of the property covered by the Periyar Lake lease Agreement dated 29th October 1886 which is described as document 1 in volume 2 of the plaint. The Survey of India will have to carry out the exercise of determining the precise area or property covered by the lease deed and then ascertain whether the construction of the mega car park has been made in the leased area.” The order reads, “We direct survey of India to carry out the work of demarcation after due advance notice to officers nominated by both the states. They will follow the procedures as laid down in para 12 of the affidavit of the state of Kerala. We grant time of 3 months to submit a report to the court. List on 11th March 2024.” 


 

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