IMPORTANT POINT
A person who has put up construction despite restrain order, cannot claim any equity.

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 06.09.2006 in Writ Appeal (WA) No. 1785/1999 and subsequent order dated 22.12.2014 in Review Petition No. 145/2006 in WA No. 1785/1999 passed by the High Court of Judicature at Madras, the original allottee of the land in question has preferred the present Special Leave Petitions.

2. As the petitioner herein was allotted a plot bearing No. 25 in Thirumoolar Colony Scheme area by the Tamil Nadu Slum Clearance Board. The petitioner paid all the amounts payable in pursuance of the said allotment. She was also issued with a No Objection Certificate for obtaining water connection and drainage connection. However, before putting up any construction, she was required to obtain the permission from Chennai Municipal Corporation to put up construction. The petitioner applied for approval of the building plan on 15.03.1996. But without waiting for the approval to be granted to the building plan, she proceeded with the construction. It appears that the plot in question was earmarked as “public convenience.” A civil suit bearing OS No. 326/1996 was filed against the Board so as to restrain the Board in making allotment to the individual. Hence, the plot allotted to the petitioner was required for the “public purpose.” At this stage, it is required to be noted that the Chennai Metropolitan Development Authority (CMDA) originally granted approval to the layout in the scheme “town planning scheme” which showed the land in question to be earmarked for “public convenience.” However, since the plot allotted to the petitioner was required for the public purpose, the CMDA did not approve the proposal for making the allotment. That thereafter, the Slum Clearance Board cancelled the allotment of the plot in question by proceedings dated 03.06.1996. It appears that despite the order of cancellation vide proceedings dated 03.06.1996, the petitioner continued with the unauthorized construction and even without the building plan getting sanctioned/approved. According to writ appellant before the Division Bench of the High Court, the petitioner along with 50 persons stormed into the colony and began demolishing the public lavatory. Therefore, writ petition came to be filed before the High Court being Writ Petition No. 11868/1996 and W.M.P. No. 16016/1996, directing the Slum Clearance Board to remove illegal construction by submitting that there are above 400 families residing in the said colony therefore, the Slum Clearance Board has constructed public toilets, bathrooms, etc., in plot No. 25 to cater the needs of the residents of the locality.

2.1 The petitioner herein filed the writ petition before the learned Single Judge being Writ Petition No. 10441/1996 challenging order 03.06.1996 cancelling the allotment, the learned Single Judge allowed the said writ petition setting aside the cancellation of the allotment by observing that there was no jurisdiction with the Slum Clearance Board to cancel the allotment.

2.2 Feeling aggrieved and dissatisfied with the order passed by the learned Single Judge, respondent No. 2 herein – Thirumoolar Colony has preferred the present writ appeal before the Division Bench of the High Court. The Division Bench of the High Court by a detailed judgment and order has set aside the order passed by the learned Single Judge by observing that as the plot was intended for a public purpose under the layout for the scheme approved by the Chennai Metropolitan Development Authority and the same was intended for a public purpose, the same could not have been allotted in favour of an individual and also by observing that construction put up by the petitioner herein was absolutely illegal and un-authorized construction even without getting the building plan sanctioned by the Chennai Municipal Corporation.

2.3 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the Division Bench of the High Court the origin