Unauthorized occupation of public premises, encroachments, and unauthorized constructions justified the eviction order.

JUDGMENT :

Prayer: This Writ Petition is filed under Article 226 of the Constitution of India for a writ of certiorarified Mandamus calling for the records of the first respondent, the appellate authority, passed under Section 9 of the Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1975 in C.M.A.No.95 of 2012 dated 20.10.2017, in confirming the order of eviction passed by the second respondent dated 21.09.2012 from the premises situate at T.S.No.41 part of Neduvankarai Village, Anna Nagar and quash the same and further direct the second respondent to follow the procedures contemplated under Act I of 1976.

1. The Tamil Nadu Housing Board in late 1960’s developed Naduvakkarai Village, (once a neighbourhood of Chennai city, now part of Chennai and the heart of the Greater Chennai) in the name “Anna Nagar”. The independent residential dwelling units are slowly getting converted into Commercial Complex or multi-storied apartments. This writ petition is in respect of a portion of land earmarked in the layout as lungs space, leased to a private club.

2. “Visveswaraiya Tower Park” with an extent of nearly 55,000 sq.ft. is the area earmarked and developed as park and play field. The Tamil Nadu Housing Board (TNHB) on 01.12.1988 handed over the park area to the Corporation of Chennai along with following structures which were covered around the tower in the park area : -

“i) 150 feet Tower by name “Dr. Visveswaraiya Tower” constructed in the year 1967-68.( The climbing height of 100 feet and non- climbing height of 50 feet.)

(ii) Lilly pond – An ornamental pond in the shape of ‘8’.

(iii) Children’s park ( maintained by MRF company),

(iv) Nursery cum Children’s Park,

(v) Model House (later converted as auditorium)

(vi) Scatting Yard,

(vii) Children play space,

(viii) toilet cum pump room and

(ix) well in 16’0 “diameter.”

3. The petitioner club which was registered under the Societies Act in the year 1989 made a request through its General Secretary in the year 1989 to the Commissioner of Chennai Corporation to allot land for their club activities. The then special officer of the Corporation considered the request. He agreed and resolved to lease the auditorium building in the Tower Park, Anna Nagar for the period of three years. Land comprised in T.S No. 41 part of Block 1 A of Naduvakkarai Village, with a auditorium building of extent 5872 sqft along with appurtenant land of extent 31992 sq.ft was the site under the said resolution agreed to be leased out to the petitioner subject to adherence of procedure mentioned in the note for circle officer III, Corporation of Chennai vide communication ref L & ED. C.No. SC 2/1361/89.

4. The Commissioner of the Chennai Corporation however thought fit that the land and building of auditorium in 5872 sq.ft alone to be leased and not the land appurtenant to the building. So, he issued proceedings on 20/05/1991 fixing rent of Rs.7,769/- per month in respect of the auditorium building measuring about 5872 sq.ft for a period of 3 years from 04/09/1989, on condition that the lease deed should be executed immediately and get registered. The lease deed never executed and registered. Anyhow, the petitioner was permitted to take possession of the building. After expiry of the three years lease period, by a resolution, the lease term was extended for a further period of one year. Thereafter, the Corporation was not interested to extend the lease since the petitioner club which was given lease of the auditorium, slowly started enjoying the land appurtenant to the building without any permission and also had put up constructions. However, the petitioner club was repeatedly giving representation to the Government for grant of long lease.

5. When the Corporation authorities attempted to inspect the buildings of the club, they were prevented. When they started questioning the petitioner club about the e