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2000 Supreme(Mad) 391

A.RAMAN
D. Malligarjuna Rao – Appellant
Versus
Member Secretary, Chennai Metropolitan Development Authority, Chennai and Others – Respondent


Appearing Advocates:R. Gandhi, Sr. Counsel, R. G. Narendhran, M. S. Govindaraajan, R. Balakrishnan, Haja Naziruddin, Advocates.

Judgment :-

The Order of the Court was as follows :

The petitioner and his family own about 18 grounds and 244 sq. ft. in R.S. No.2932/12, Block-48 Puraswalkam. The property is abutted on the eastern side by Baracah Road. There are slums in the said road which considerably reduced the width of the road from its original width of 49 feet to 12 feet. The encroachment caused considerable difficulties to the petitioner as well as the residents of the locality, not to mention the impediment caused to the free flow of traffic. A group of residents called "Madras Secretariat Co-operative Building Society" filed a writ petition in W.P. No. 12243 of 1984 for removal of the encroachments on either side of the Baracah Road. An order was passed on 16-9-1994, directing the Commissioner of Corporation, the Managing Director of the Tamil Nadu Slum Clearance Board and Chennai Metropolitan Development Authority to remove the encroachments by providing alternative accommodation for the slum dwellers. In spite of the said order, no steps were taken by the respondent. The respondents identified only a few huts as encroachments and removed only 38 huts on either side of the road and left out the remaini















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