Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Mad) 242

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Pushpa Sathyanarayana, J.
A. Thangamariyappan & Others – Petitioners
Versus
The Tamil Nadu Slum Clearance Board, Rep. by its Chairman, Chennai & Others – Respondents
W.P. Nos. 10536, 13552, 13555, 13557, 13560, 13567 & 13569 of 2019 & W.M.P. Nos. 11028 & 11029 of 2019
Decided On : 06-01-2021

Advocate Appeared:
For the Petitioner:J. Ravindran, A. Selvendran, Advocates.
For the Respondent: S. Prabhu, Standing Counsel.

The Court emphasized the eligibility of long-term residents for allotment and the responsibility of TNSCB officials in managing allotted lands.

Headnote:
Tamil Nadu Slum Clearance Board - Allotment of Plots - Tamil Nadu Slum Areas (Improvement & Clearance) Act - [1971 Act, Section 3(1), Section 4(1)]
Fact of the Case:

The petitioners sought allotment of plots they had been residing in for over three decades, which were allotted to the Tamil Nadu Slum Clearance Board (TNSCB) in 1990 for housing the poor. The TNSCB delayed the allotment process, and the petitioners filed a writ petition seeking direction for allotment.
Finding of the Court:

The Court found that the petitioners were eligible for allotment based on their long-term residence and directed the TNSCB to allot the plots after verifying documents and fixing notional values, similar to a previous case.
Issues: Delay in allotment, eligibility for allotment, demand for guideline value, and the responsibility of TNSCB officials in managing the allotted lands.
Ratio Decidendi: The Court held that the petitioners, who had been residing in the plots for over three decades, were eligible for allotment and should not be forced to pay guideline value. The TNSCB officials were responsible for managing the allotted lands and should verify documents and fix notional values for allotment.
Final Decision: The impugned order was set aside, and the TNSCB was directed to allot the plots to the petitioners after verifying documents and fixing notional values. The remaining petitioners were also directed to make fresh representations for allotment, and the TNSCB was directed to consider the same within four weeks.

ORDER :

(Prayer in W.P.No.10536/2019: Writ Petitions filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records pertaining to the order of the first respondent in Che.Mu.No.E3/17361/2017, dated 08.02.2019 and the second respondent’s resolution in Resolution No.5.04./477, dated 17.10.2016 and quash the same and further direct the respondents to allot the Plot which is possession of the petitioner in S.No.866/9, situate in New Anna Nagar Thanthai Periyar Nagar and Annai Sathya Nagar in Thirumullaivoyal Village.)

1. Since the parties and the issue involved in these writ petitions are one and the same, these writ petitions are taken up together and disposed of by means of this common order.

2. The petitioners in W.P.No.10536 of 2019 questioned the correctness of the order dated 08.02.2019 passed by the first respondent in Che.Mu.No.E3/17361/2017, and the second respondent’s resolution in Resolution No.5.04./477, dated 17.10.2016 and sought for a direction to the respondents to allot the Plots which are possession of the petitioners in S.No.866/9, situate in New Anna Nagar, Thanthai Periyar Nagar and Annai Sathya Nagar in Thirumullaivoyal Village. For the sake of the convenience, the facts have been culled out from the said writ petition.

3. Tamil Nadu Slum Clearance Board (in short, “TNSCB”) was established in 1970 to cater the land needs of the poor people in Chennai City with the Motto - God we shall see in the smile of the poor”. The Tamil Nadu Slum Areas (Improvement & Clearance) Act was enacted in 1971 for the said purpose. Its vision is “Slum Free Cities in Tamil Nadu by 2022”. In 1984, its activities extended to all the Municipal towns/Town Panchayats.

4. The Government of Tamil Nadu by G.O.Ms.No.370, Revenue Department, dated 09.07.1990, had allotted an extent of lands measuring about 7.69.0 hectares situate in New Anna Nagar, Thanthai Periyar Nagar and Annai Sathya Nagar in Thirumullaivoyal Village in favour of the first respondent, which is the Tamil Nadu Slum Clearance Board (in short, “TNSCB”) to be converted as housing plots for the benefit of the people without shelter. The petitioners herein are persons belonging to the poor and downtrodden sector, who are socially and economically backward, have been living as Slum Dwellers, in the subject Survey No.866/9 for more than three decades. Though the above said G.O. was issued in the year 1990, there was a huge delay in starting the Tamil Nadu Urban Development Project. Only in the year 2008, the first respondent had directed the third respondent/Estate Officer to inspect the site and verify the initial payment details and the residence proof for the purpose of executing lease or sale deed to the residents and to send the proposal for issuance of allotment order. Again as usual, there was a delay, as the third respondent had not taken any effective steps, despite several representations given by the petitioners requesting the respondents to issue the allotment orders. The respondents, who ought to have issued fee challan for payment for the allotment of land, also had not issued the same.

5. While so, a similarly placed candidate, i.e., one Thirulochana Kumari, has approached this Court in W.P.No.40790 of 2016 praying for a Certiorarified Mandamus calling for the records in Na.Ka.No.E3/4623/2015, dated 03.07.2015 and ultimately, sought a direction to the first respondent to issue allotment order and this Court had passed the following order dated 22.03.2016 :

“5. It is the specific case of the petitioner that she has been residing in the plot for the past several years and paid taxes to the local authority and also got electricity connection and ration card in her name. On contrary, it is the case of the first respondent that the plot claimed by the petitioner is a vacant land and the petitioner is not residing over there and she has not produced any document to substantiate her claim. These are all disputed questi

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