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S. M. SUBRAMANIAM, K. RAJASEKAR
K. Mohamed Ansar – Appellant
Versus
Commissioner, Corporation of Chennai – Respondent
JUDGMENT :
S.M. Subramaniam, J.
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents herein to remove the unauthorised encroachments of hut dwellers and restore 50' road lying between the Vathiyar Thottam on the West, Sherkhan Garden on the East, Arya Gowda Road on the South and Director's Colony 4th Main Road on the Rangarajapuram on the North situated in Rangarajapuram, Kodambakkam, Chennai-600 024.)
1. The Writ of Mandamus has been instituted to direct the respondents herein to remove the unauthorised encroachments of hut dwellers and restore 50' road lying between the Vathiyar Thottam on the West, Sherkhan Garden on the East, Arya Gowda Road on the South and Director's Colony 4th Main Road on the Rangarajapuram on the North situated in Rangarajapuram, Kodambakkam, Chennai-600 024.
2. It is not in dispute between the parties that the subject property has been notified as 'slum area' in G.O.Ms.No.1634, dated 14.12.1971 under the provisions of the Tamil Nadu Slum Areas (Improvement and Clearance) Act, 1971 [hereinafter referred to as the 'Act', in short]. Though it was notified under t
The main legal point established is that the authorities have a duty to develop slum areas as per the Act and prevent unauthorised encroachments, failing which appropriate actions can be directed by ....
Eviction procedures under the Tamil Nadu Slum Areas (Improvement and Clearance) Act must comply with legal protocols; encroachers are not entitled to claim accommodation.
Court directed the removal of illegal encroachments on public roads within a specified timeframe.
Duty of Revenue Authorities to protect Government lands and take action against encroachments, and the need for vigilance in dealing with encroachments and violations to protect public properties.
Municipal authorities are legally obligated to remove encroachments from public streets to ensure public access, subject to following due process of law.
State must protect livelihood of long-term homeless street occupiers by identifying eligible persons and providing alternate accommodation under schemes before systematic removal of encroachments.
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