ORDER

This Writ Petition has been filed to quash the proceedings of the third respondent dated 30.03.2017 and consequently direct the respondents to allot the property in survey no. 154/2A, New Door No. 3, Seventh avenue, Besant Nagar, Thiruvanmiyur village, Chennai 600090 in favour of the petitioner.

2. According to the petitioner, she is in possession of the property for more than 25 years and also put up a construction and paying all the taxes. The respondent is now trying to evict the petitioner from the premises inspite of the Order of this Court. The further case of the petitioner is that the third respondent has also recommended by a letter dated 22.09.1994 to the effect that as the property is an irregular piece of land, the request of the petitioner may be considered and the portion occupied by the petitioner may be allotted to the petitioner at prevailing rate after withdrawal of the petition. Hence, the present Writ Petition.

3. In the counter filed by the third respondent it is stated that the value of the property is more than two crores and the petitioner has encroached the land and constructed shops and hence, seeks to dismiss this Writ Petition.

4. In an earlier occasion, when the matter came before this Court, this Court has recorded that the stand taken by the respondent that the property is a commercial property and it can be sold only through auction. Thereafter, this Court has directed the petitioner to file an affidavit to the effect that whether she is willing to purchase the property. The petitioner also filed an affidavit stating that she is ready to pay a sum of Rs.2,00,00,000/- [Rupees two crores only] and she will pay the same in 4 instalments at Rs.50,00,000/- [Rupees fifty lakhs]. The respondent sought time to get instructions in this regard.

5. Today, a valuation Report has been filed by the Housing Board.

According to third respondent, the prevailing rate of the market value is Rs.9500/- per square feet and if the value of the property is calculated, it would be Rs.1,86,20,000/-. The guideline value is Rs.6030/- per sq.ft. and if it is calculated, the value of the property would be Rs.1,18,18,800/-. The Rulling rate for the year 2022-23 is Rs.7600/- per sq.ft. and if that is adopted, the sale value of the property would be Rs.1,48,96,000/-. The valuations have been done by the approved valuer of the Housing Board. If the value of the property is calculated on the basis of the market value, guideline value and rulling rate, the value of the property will be less than Rs.2 crores. The petitioner agreed to pay sum of Rs.2 crores. The petitioner is also present and agreed to pay Rs.2 crores in two instalments.

6. In such view of the matter, since the petitioner is living in the property for more than 25 years and as per the valuation given by the Housing Board the value of the property is less than Rs.2 crores and the petitioner is willing to pay a sum of Rs.2,00,00,000/- in two instalments, the respondent is directed to execute the sale deed in favour of the petitioner subject to the condition that the petitioner pay a sum of Rs.2,00,00,000/- [Rupees two crores only] within two months in two instalments, i.e., on or before 03.11.2022. If the amount is paid, the respondent is directed to execute the sale deed within two months thereafter. If the petitioner fails to pay the amount, it is open to the respondent to evict the petitioner.

7. With the above directions, this Writ Petition is disposed of.

Consequently, connected miscellaneous petition is closed. No costs.

30.09.2022 vrc To, 1. The Secretary, Department of Housing, Fort St. George, Chennai 600009.

2. Tamilnadu Housing Board, Represented by its Chairman And Member Secretary, Nandanam, Chennai 600035.

3. The Executive Engineer and Administrative officer, Tamilnadu Housing Board, Besant Nagar Kottam.

No 48 Muthula Kermi Salai, Adyar, Chennai – 600030.

N.SATHISH KUMAR, J.

vrc

30.09.2022