The main legal point established is that the public purpose of preserving government land and preventing contamination of drinking water supply to the city justified the rejection of the petitioner association's request for pattas.

The Hon’ble the Chief Justice. The petitioner is a registered association constituted for the welfare of the hutment dwellers of an area known as Kaalvaithurai situated at Water Tank Road in Kilpauk area of Chennai. This association, through its President has filed this writ petition to challenge the order dated 26th May, 2009 passed by the 3rd respondent – District Collector, Chennai. The petition thereafter seeks to direct the 3rd respondent and the 4th respondent (Municipal Commissioner of Chennai) to grant pattas to the 772 members of the petitioner association and to regularize their encroachments in Kaalvaithurai Salai situated near Aspiran Garden in S.Nos.62, 63/1 (part) and 63/2 (part) of Egmore Village, Egmore – Nungambakkam Taluk, Chennai in terms of G.O.Ms.No.854 dated 30th December, 2006 read with G.O.Ms.No.579 dated 3rd October, 2008 issued by the 1st respondent Government of Tamil Nadu. The 2nd respondent to the petition is the State of Tamil Nadu through its Public Works Department, 5th respondent is the Tamil Nadu Slum Clearance Board and the 6th respondent is the Managing Director of the Chennai Metropolitan Water Supply and Sewerage Board (hereinafter referred to as “CMWSSB”).

2. The above referred to land on which the hutments of these 772 persons are situated admittedly belongs to the 6th respondent CMWSSB. The Managing Director of the CMWSSB has opposed this petition by filing his counter affirmed on 9th June, 2009 and the District Collector, Chennai has also defended her order, which is impugned herein, by her counter affirmed on 15th June, 2009. The President of the petitioner association has filed a rejoinder to these affidavits. All necessary documents and orders are filed by the parties by way of typed sets of papers. The petitioner association has also relied upon the photographs of the structures which are occupied by its members, whereas the respondents have relied upon the photographs of the tenements which are offered as alternative accommodation to those occupants who are eligible for the alternative tenement.

3. The short facts leading to this petition are as follows:

A writ petition bearing W.P.No.1923 of 2008 was filed by Federation of K.K. Nagar Residents’ Welfare Association in public interest against the State of Tamil Nadu, CMWSSB and the Tamil Nadu Slum Clearance Board seeking steps to remove the unauthorized encroachments in S.Nos.63/2, 63/3 and 62/2 of Kaalvaithurai Salai, Aspiran Garden, Egmore Village, Kilpauk, Chennai – 10. This was on the ground that the main water pipeline which supplies water to the city of Chennai passes through these lands. There are large size water supply pumping mains located in these lands and that there is an extension programme under the Krishna Water Project. It was submitted that a number of hutment dwellers have encroached upon these lands, and that too, on the pipelines, which is likely to contaminate the pure water supply to the residents of the city. It was submitted that the structures put up by the encroachers over the pipelines are mostly made up of plastic sheets and other non-degradable substances and they have no proper lavatories, and this is posing a great health hazard to the residents of Chennai. It was submitted that initially the number of encroachers was less than 100 and the Government of Tamil Nadu was expected to act under G.O.Ms.No.1488 dated 3rd November, 1988 to direct the removal of these encroachments and rehabilitate all the encroachers who have encroached upon the land prior to the cut off date viz., 30th June, 1984. This was, of course, subject to the fulfilling of the criteria laid down in that Governmental Order.

4. Another writ petition in W.P.No.12288 of 2006 was filed by Dr. Ambedkar Nagar Kalvaithurai Salai Colony Kudiyirupor Sangam rep. by its President M.C. Mani having address at Dr. Ambedkar Nagar, 2nd Street, Aspiran Garden Street, Kalvaithurai Salai Colony, Kilpauk, Chennai – 10. This was filed agains