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2023 Supreme(Mad) 842
HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
Agaram Loco Works Slum Clearance Board Residential Welfare Association, rep. By Its President M. Varadarajan & Ors. - Appellants
Versus
Slum Clearance Board, rep by its Managing Director, Chennai & Ors. - Respondents
W.P.Nos. 4422, 8441 & 11393 of 2004 & W.P.M.P.No.9931 of 2004, 236 of 2012 & W.M.P.No. 19648 of 2022
Decided On : 11-04-2023
For the Petitioners:R.T. Shyamala, P. Paramasivadoss, Advocates. For the Respondents:R1, R. Neelakandan, Additional Advocate General Assisted by Babu Muthu Meeran, R2, S. Ravichandran, Additional Government Pleader, R.T. Shyamala, Advocates.
The court emphasized the importance of due process of law in property rights and highlighted the constitutional right to property under Article 300-A of the Constitution of India.
Headnote:
Writ Petition - Land Allotment - Tamil Nadu Slum Area (Improvement and Clearance) Act, 1971 - Section 29
Fact of the Case:
The Writ Petition was filed to direct the respondents to issue the sale deeds and patta of the lands allotted in a slum area to the members of the petitioner's association. The land was originally owned by a temple and was declared as a slum area without following the procedures of the Land Acquisition Act.
Finding of the Court:
The court found that the Slum Clearance Board had irregularly allotted the land without acquiring it from the temple. The court also noted that the members of the petitioner-Association were in occupation of the land before it was declared a slum area.
Issues: The main issue was whether the members of the petitioner-Association had the right to seek the execution of sale deeds for the land allotted to them in the slum area, which was originally owned by a temple.
Ratio Decidendi: The court held that the Slum Clearance Board's irregular allotment without acquiring the land and the prolonged litigation with the temple made it impossible to execute the sale deeds. The court also emphasized the constitutional right to property under Article 300-A of the Constitution of India.
Final Decision: The court directed the Slum Clearance Board to refund the land costs paid by the members of the petitioner-Association and allowed the temple to take possession of the land or continue to collect lease rent. The writ petitions were disposed of with no order as to costs.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to issue the sale deeds and patta of the land allotted by the respondents in S.No.105/2, Agaram Loco Works, Chennai - 82, (declared as Slum Area in G.O.Ms.No.225, Labour (Housing) Department dated 28.09.1972) in favour of the members of the petitioner-s association.
Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records in Proc.No. LA1(3)/6193/99 dated 01.03.2004 passed by the 1st respondent and quash the same and further directing the respondents to issue the sale deeds and patta of the lands allotted by the respondents in S.No.105/2, Agaram Loco Works, Chennai - 82, (declared as Slum Area in G.O.Ms.No.225, Labour (Housing) Department dated 28.09.1972) in favour of the members of the petitioner-s association.
Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the proceedings No. LA1(3)/6193/99 dated 01.03.2004 on the file of the 1st respondent, quash the same in so far as it relates to rejection of exemption under Section 29 of the Tamil Nadu Slum Area (Improvement and Clearance) Act, 1971 and direct the 1st respondent to grant exemption of the land in T.S.No.105/2, Block No.3, Jawahar Nagar, Agaram, Chennai - 82, from the provisions of the Section 29 of the Tamil Nadu Slum Area (Improvement and Clearance) Act, 1971.)
Common Order:
The Writ of Mandamus has been instituted to direct the respondents to issue the sale deeds and patta of the lands allotted by the respondents in S.No.105/2, Agaram Loco Works, Chennai – 82, declared as Slum Area G.O.Ms.No.225, Labour (Housing) Department dated 28.09.1972 in favour of the members of the petitioner-s Association.
2. The writ petitioner is the Agaram Loco Works Slum Clearance Board Residential Welfare Association. The petitioner / Association is registered under the Tamil Nadu Societies Registration Act, 1975. The petitioner states that the Government issued G.O.Ms.No.1117, Housing and Urban Land Development Department dated 27.06.1979, the Government of Tamil Nadu decided to grant conditional patta to the persons, who all are in occupation of the Slum Clearance areas before 30.06.1977 on payment of the costs fixed by the authorities. Accordingly, all the members of the petitioner-Association were allotted lands in the year 1983. A lease cum sale agreement was entered into between the members of the petitioner / Association and the Slum Clearance Board. The EMI fixed for each plot allotted to the Slum dwellers were also paid by the members of the petitioner / Association. The Slum Clearance Board handed over the lease cum sale agreement to the members of the petitioner-Association and also issued -No Objection Certificate- (NOC) for obtaining MES, Bank Loans, Metro Water Connection, Building Construction, etc. It had been informed that the sale deed has been executed in favour of the members of the petitioner-Association after 5 years. The petitioners have constructed houses and residing there for more than 50 years. While so, the Slum Clearance Board has not executed sale deed in favour of the members of the petitioner-Association. The Association made several representations from the year 1999 onwards.
3. The petitioner states that the lands allotted to the petitioners by the Slum Clearance Board originally belonged to Sri Prasanna Vinayagar Temple of Agaram and the said land was declared as slum area vested with the Slum Clearance Board. Admittedly, the land was not acquired from the Temple and it was allotted in favour of the members of the petitioner-Association, even without acquiring the land under the provisions of the Land Acquisition Act. The Sri Prasanna Vinayagar Temple land is a private land and therefore, the land can be allotted only after acquisition. T
