The Supreme Court on Monday asked the Tamil Nadu government to consider accepting a suitable alternative parcel of land for its proposed open-air jail instead of evicting SASTRA University from government land forming part of its Thanjavur campus.
A Bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing SASTRA University's challenge to a Madras High Court decision directing its eviction from around 31 acres of government land which was encroached by the University.
The land had been allotted to the State Prison Department for establishing an open-air jail. The Supreme Court had stayed the University's eviction in January.
During Monday's hearing, the CJI said the Court's was not condoning the conduct of the University but it was influenced by the fact that the land was presently being used for an educational institution.
"If it was a resort, commercial complex, shopping mall, illegal or immoral activity, we would have thrown them out. The land is being used by a university for academic purposes, providing quality education, that is the only factor weighing in our mind," the CJI remarked.
The State strongly opposed any accommodation. It maintained that SASTRA had progressively occupied government land despite prolonged litigation and that permitting an exchange now could set a precedent for other encroachers.
The State also placed figures before the Court to contend that the extent of occupation had progressively increased between 1985 and 2025. It further argued that the alternative parcels of land offered by SASTRA were unsuitable because of the location, accessibility and lack of adequate contiguous land.
The dispute dates back several decades. The Madras High Court in January upheld the State's rejection of SASTRA's request for assignment or exchange of the land and ordered implementation of the eviction notice. It held that acceptance of alternative land was a matter within the government's discretion and could not be claimed as a right.
Sasta University then approached the Supreme Court.
The Court today asked whether demolishing existing university buildings was necessary if the State's requirement was to construct an open jail
"We are only now weighing and comparing the conduct of the State also. We are not condoning their misconduct. We are only evaluating their conduct," CJI Surya Kant said.
The Court indicated that the State could identify a parcel land meeting all requirements for the open-air jail and the University could be required to bear its cost. It stressed that there could be no compromise on the State's requirements for the project and also suggested that the alternative site should not be adjacent to the educational institution.
At the same time, the CJI made it clear that any solution should ensure that Tamil Nadu does not lose "a single penny" or "even an inch of land."
The State maintained that accepting such an arrangement would effectively put a premium on encroachment.
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