M. Venugopal, J.

1. Heard the Learned Counsel for the Petitioner and the Learned Special Government Pleader for the Respondents.

2. According to the Petitioners, the present Writ Petitions are filed against the impugned notice ordering them to remove the encroachment for their residences situated in Survey Nos.306 and 306/3C at Varadharajapuram, Village No.93 in Sriperumbudur Taluk on the premise that they are obstructing the water flow into Adayar River. As a matter of fact, hundreds of plots/flats in the same Survey Number were approved by the Chennai Metropolitan Development Authority and they are not an approved one.

3. The stand of the Petitioner is that the Master Plan for CMDA 2026 shows that as per the resolution of the CMDA authority in 148/2013 in S.Nos.241/2A2, 2B and 246/2A the water body land was reclassified into PR and gazetted on 29.01.2014 and the plan indicates that numerous agricultural lands were classified into PR facilitating the real estate to convert them into plots which consist of hundreds of flats. In short, the action of the Respondents is an irrational and unreasonable and discriminatory one which defeats the objects of removing the encroachment and therefore, it is violative of Articles 14, 16 and 21 of the Constitution of India.

4. The Petitioners have come out with a version that the approved plots/flats came up in the same water body area from where they were asked to remove the encroachments without any rational objects and reasons. These buildings are only obstructing the water drains into Adayar River. By removing them from the same Survey No.306, the stand of the Petitioners is that the authorities cannot control the flood waters without removing the approved constructions in question. There was no channel existed for the flood water drain as claimed by the Respondents. In fact, the existing drain channel is beyond 150 metres from their place and it can be widened to feed the flood waters into Adayar. The 3rd Respondent is endeavouring to remove them under false claim and there are bigwigs Ample barren Government lands which are available to divert the course of Adayar River by straitening at many zig zag points and from the aerial survey maps it is quite evident and that can only be a permanent solution from the flooding.

5. The grievance of the Petitioner is that he has purchased the site in 1998 as in the case of other residents for considerable sum from his hard daily labour on the premise that the area will be approved later. Further he had constructed a house and obtained EB connection, family card, Aadhar, Voter ID card and paid revenue panel charges. They are not claiming any legal right for the encroachment but the removal of their residence would devastate for entire family. It is their case that they are occupying and living in the place with full knowledge of the Respondents. Similarly situated 800 houses in nearby village are not issued eviction notices as they were given patta for their occupation for more than two years under the Government scheme. They were also paying penal charges and assured of such facility, but now denied the relief in question.

6. In reality, the notice dated 14.11.2017 issued in their names requiring them to attend in person on 09.11.2017 with their available documents to substantiate their claims and this apparently exhibits non application of mind by the concerned authority. In fact, no notices were issued or pasted before 14.11.2017 and only on 19.11.2017 it was pasted as if it was a continuation of their earlier notice. All the residents are daily wage earners and they will not be available during the day times on all working days and the Respondents had not bothered to serve them personally when they were present. Besides these, the notice do not contain specific reasons for the direction to remove the encroachment and a stereotyped messag