IMPORTANT POINT
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 the court.

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 the Act, the Tamil Nadu Slum Clearance Board, now renamed as Urban Habitat Development Board, has failed in its duty to develop the land as contemplated under the provisions of the Act. On account of inaction on the part of the Slum Clearance Board, further encroachments are made in that locality.

3. Smt.AL.Ganthimathi, learned Senior Counsel, appearing on behalf of the petitioners, would submit that the encroachments have gone to the extent of encroaching upon public roads and therefore, the private individuals residing in that locality, have no free ingress and egress. On account of large scale encroachments in that locality, several representations were submitted, but no actions were taken. Thus the present writ petition came to be instituted by the writ petitioners.

4. Mr.G.Venkatesan, learned Standing Counsel for the Urban Habitat Development Board, would submit that the area was admittedly declared as 'slum area' under the Act. But the Slum Clearance Board has not developed the same and has addressed a letter to the Competent authority to de-notify the area, on 10.08.2017. However, it is yet to be de-notified. Thus the area is under the control of the Slum Clearance Board as of now. Therefore, they are duty bound to protect the land and develop the same if possible, otherwise, they are bound to initiate immediate action. After notifying a particular area as 'slum area', further encroachments, at no circumstances, be permitted, depriving the other residents of that locality from using public roads.

5. Mr.G.T.Subramanian, learned Standing Counsel appearing on behalf of the Chennai Corporation, made a submission that they are not in a position to remove the encroachments, since the area has been notified as 'slum area' under the Act.

6. Declaration of slum areas, registration of buildings and restriction on building etc., in slum areas, are made under Sections 3, 4 and 5 of the Act, which read as under:-

“3. Declaration of slum areas.- (1) Where the Government are satisfied that-

(a) any area is or may be a source of danger to the health, safety or convenience of the public of that area or of its neighborhood, by reason of the area being low-lying, insanitary, squalid, overcrowded or otherwise; or

(b) the buildings in any area, used or intended to be used for human habitation are- (i) in any respect, unfit for human habitation; or (ii) by reason of dilapidation, over-crowding, faulty arrangement and design of such buildings, narrowness or faulty arrangement of streets, lack of ventilation, light or sanitation facilities, or any combination of these factors, detrimental to safety, health or morals, they may by notification, declare such area to be a slum area.

(2) In determining whether a building is unfit for human habitation, for the purposes of this Act,