By consent of both parties, the writ petition is taken up for final disposal.

2. Prayer in the writ petition is to quash the resolution of the second respondent dated 27. 2004 and the consequential order dated 30.5.2005 with a further direction to the second respondent to convey the land measuring 9 grounds and 1062 sq.ft. in S.No.56/2, 57/2, 60/1 and 59/2, Villivakkam Village, Purasawalkam-Perambur Taluk to and in favour of the petitioners by receiving consideration at the rate of Rs.6.11 lakhs per ground as per the assurance given by the respondents 1 to 4 and confirmed in resolution No.4.04 dated 3. 2001 passed by the second respondent and G.O.Ms.No.49, dated 2. 2004 issued by the first respondent within the stipulated time.

3. The facts necessary for disposal of the writ petition are as follows:

(a) The petitioners are owners of the lands comprised in S.Nos.57/1B and 58/2, Villivakkam Village, Purasawalkam-Perambur Taluk, Block No.32, presently T.S.O.91/2. The adjoining lands comprised in S.Nos.56/2, 57/2, 60/1 and 59/2 of the said village is owned by the Tamil Nadu Housing Board and Otteri-Nulla Canal is running on the southern side of the petitioners land. The boundaries of the petitioners land on all the three sides viz., east, south and west are occupied by the said canal. The said canal is a very narow canal running in a curved manner through the Tamil Nadu Housing Board residential colony, adjoining Villivakkam village, Purasawalkam-Perambur Taluk in Annanagar West, Chennai.

(b) Since the canal is running in a curved manner, water flow would be blocked very often and the entire Vasantham residential colony, Annanagar, gets inundated during rainy season, which causes serious health hazards and inconvenience to the residents.

In view of the above, the residential welfare association of the Annanagar west, who is the 5th respondent herein submitted representation to the first respondent and to the Tamil Nadu Housing Board and sought for to straighten the said Otteri-Nullur Canal.

(c) When the said proposal was considered the authorities of the respondents took a decision to dig the Otteri-Nulla canal through the lands of the petitioner for straightening the same with condition that if the petitioners hand over their lands of 5 grounds and 213 sq.ft. in favour of the respondent authorities to dig the canal, in lieu of the same the Tamil Nadu Housing Board is prepared to transfer the lands owned by it, now occupied by the canal to and in favour of the petitioners.

(d) Several rounds of negotiations were conducted by the authorities of the respondents with the office bearers of the 5th respondent association and consequently on the basis of the request, the petitioners agreed for the proposal taking note of the interest of the general public, subject to the condition that they are willing to hand over the petitioners lands measuring 5 grounds 213 sq.ft. in favour of the respondents, the respondents would transfer the land owned by the second respondent now occupied by the Otteri-Nulla Canal in favour of the petitioners.

(e) Petitioners were under the impression that since they are handing over well developed 5 grounds and 213 sq.ft of patta land free of cost, they would be getting more than 9 grounds of land in exchange on payment of costs. Since the said lands are low lying ditch, the petitioners agreed for the said proposal as it would be beneficial to the petitioners as well as to the residents of the said locality as well as the second respondent. The respondent authorities required the petitioners to pay the cost of the alternative land to be transferred by the TNHB at the rate of Rs.6.11 lakhs per ground.

(f) The said proposal was agreed by the Tamil Nadu Housing Board and the petitioners. The Housing Board took the consent of the petitioners in writing in Rs.10/-Stamp Papers, agreeing to pay the cost at the rate of Rs.6.11 lakhs per ground and accept for transfer of land owned by it, now occupied by the