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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
S. Kalavathi, – Appellant
Versus
The Managing Director, Tamilnadu Slum Clearance Board, Chennai & Another – Respondents
W.P. No. 35206 of 2014 & M.P. Nos. 1 & 2 of 2014
Decided On : 16-03-2023
Allotment - Emergency Tsunami Reconstruction Project - Slum Clearance Board Act - Rules - [Emergency Tsunami Reconstruction Project, Slum Clearance Board Act] - The court addressed the illegal and irregular allotments made under the Emergency Tsunami Reconstruction Project (ETRP) Scheme and the violations of the Slum Clearance Board Act and Rules. It emphasized the constitutional mandate of equal opportunity and the accountability of public authorities in the allocation of tenements to homeless individuals.
Fact of the Case:
The petitioner, a member of the Fishermen community affected by the 2004 Tsunami, sought to quash an allotment order and requested a reconstructed house in Marina area. Allegations of illegal allotments and violations of the Slum Clearance Board Act and Rules were raised.
Finding of the Court:
The court rejected the relief sought by the petitioner, but directed an enquiry into all allotments made under the scheme to verify eligibility criteria and procedure adherence. It emphasized the need to cancel illegal allotments and initiate necessary actions in accordance with the Act and Rules.
Issues: Illegal and irregular allotments under the ETRP Scheme, violations of the Slum Clearance Board Act and Rules, eligibility criteria for allotment, and the petitioner's eligibility for allotment.
Ratio Decidendi: The court emphasized the constitutional mandate of equal opportunity and the accountability of public authorities in the allocation of tenements to homeless individuals. It also highlighted the need to verify eligibility criteria and cancel illegal allotments in accordance with the Act and Rules.
Final Decision: The relief sought in the writ petition was rejected. The respondents were directed to conduct an enquiry into all allotments made under the scheme and take necessary actions to cancel illegal allotments and grant allotments to eligible persons.
JUDGMENT
(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the 2nd respondents and quash, as regards the petitioner, the impugned order of allotment issued by the respondents and affixed on 13.11.2014 at the office of the 2nd respondent allotting a house to the petitioner at ''OKKIUM THORAIPAKKAM'', OMR instead of at MARINA area, Nochikuppam, shown as Serial No.71 in the impugned list of allotment under the Emergency Tsunami Reconstruction Project (ETRP) Scheme and consequently, direct the respondents to allot the reconstructed house under the said ETRP Scheme bearing petitioner''s erstwhile Door No.131, Nochikuppam (Hut), Marina area, Chennai to the petitioner within the time frame that may be stipulated by this Hon''ble Court.)
1. The writ on hand has been instituted to quash the allotment order dated 13.11.2014, allotting a house to the petitioner at Okkiam Thuraipakkam, OMR, instead of at Marina Area, Nochikuppam. Further, direction is sought for to allot the reconstructed house under the Emergency Tsunami Reconstruction Project (ETRP) Scheme bearing petitioner''s erstwhile Door No.131, Nochikuppam (Hut), Marina area, Chennai.
2. The petitioner states that she belongs to Fishermen community and was affected by Tsunami in the year 2004. The house, which belonged to the petitioner was destroyed. Under the Emergency Tsunami Reconstruction Project (ETRP) Scheme, the respondents aided by the World Bank, asked the affected persons to vacate their original place for dwelling in Marina Area (Known as ''Nochikuppam''), where the Fishermen community were living over a period of 50 years. The temporary quarters were allotted to the nearby area until the permanent structures are constructed.
3. The grievances of the writ petitioner is that she was residing in Marina area (Nochikuppam area) for more than 50 years and the fresh allotment was made to her at Okkiam Thuraipakkam (OMR), which is far away and thus, they are not in a position to perform their fishing activities to lead their life, since the livelihood of the petitioner is affected. She has made an application to the authorities to allot a tenement at Marina area, which was not considered and thus, the petitioner has chosen to file the present writ petition.
4. The learned counsel for the petitioner made a submission that several illegal and irregular allotments were made under the said ETRP scheme, more specifically, in favour of the police officials working in the Police Department in the Government of Tamil Nadu. The petitioner has given a list, where illegal appointments were made to the police officials and the said list submitted by the petitioner is as under:
5. Apart from the list submitted by the petitioner, the learned counsel for the petitioner reiterated that many other allotments were made in violation of the terms and conditions stipulated for allotment and contrary to the provisions of the Slum Clearance Board Act and Rules in force. The petitioner could not able to identify all such illegal allotments, since she is a poor women belonging to the Fishermen community and thriving hard to secure a tenement in the Marina area.
6. In view of the serious allegations raised by the petitioner regarding the illegal allotment in violation of the scheme and in violation of the provisions of the Act and Rules, this Court on 14.03.2023, directed the concerned officials to be present before this Court on 16.06.2023 (today) along with the files and (1) Mr.A.Kargam, Assistant Secretary (Tenements), TNUHDB, No.5, Kamarajar Salai, Chennai-5; (2) Mr.T.Muregesan, Executive Engineer – 5, TNUHDB, No.5, Kamarajar Salai, Chennai-5; (3) Mr.R.Mohan, Estate Officer – 5, TNUHDB, No.5, Kamarajar Salai, Chennai – 5 are present before this Court along with the files.
7. The officials of the respondents / Slum Clearance Board, renamed as Tamil Nadu Urban Habitat Development Board made a submission that ab
The constitutional mandate of equal opportunity and the accountability of public authorities in the allocation of tenements to homeless individuals.
The Court emphasized the eligibility of long-term residents for allotment and the responsibility of TNSCB officials in managing allotted lands.
The court emphasized the need to consider the living conditions and rights of the slum dwellers and directed the respondents to allot the plots to the petitioners after verifying their documents and ....
The eligibility for welfare schemes, such as the T-Sunami Housing Scheme, is contingent upon the strict establishment of residency and eligibility criteria during the relevant time period.
Court directed timely consideration of a housing application under constitutional writ jurisdiction.
Directive to public authorities to consider pending representations in accordance with law within stipulated time.
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