ORDER

(Order of the Court was made by S.M.Subramaniam J.)

The nature of relief sought for in the present writ petition, at the first instance needs to be looked into. A writ of declaration has been instituted to declare that an action of respondents 1 to 4 in closing the passage or ingress and egress are illegal, unlawful, violation of rule of law and principles of natural justice and consequently, restore the properties of the petitioners in the usage of 20 feet width road running from Sathiyavanimuthu Road Extension (25^th street), leading up to Door No.38, 25^th street, CKM colony, abutting the pond at GKM Colony, Chennai-82 facing east of their properties falling with the Chennai corporation limits in present Division No.65 under the guise of rejuvenation of GKM colony pond park.

2. The declaratory relief seeking easementary right is a disputed fact deserves to be adjudicated in a trial nature proceedings. High court in exercise of the powers of judicial review under Article 226 cannot adjudicate disputed facts of civil nature. However, writ petition, since came to be instituted against State, this Court has to examine whether petitioners have acquired right over the streets, which is sought to be declared in the prayer column in the present writ petition.

3. The facts in brief would show that lands comprised in Survey Nos.379, 380 and 381, presently Block No.32/TS No.3, Peravallur Village, Survey No.153, Ayanavaram Village, Survey No.14 at Konnur village comprised of 139.07 acres of defence land, for which sanction was conveyed by Government of India, Ministry of Defence (ML & C Dept) New Delhi vide letter dated 31.03.1977 to be conveyed for allotment of members of the Sri Kusuma Haranath Ex-servicemen association, General Kumaramangalam Colony in consultation with State Government/local authority, on payment of a sum of Rs.27,80,000/- at the rate of Rs.20,000/- per acre. Collection of value of land was initially required to be caused by Madras Metropolitan Development Authority, which has to be re-transmissioned to Military estate officer, Madras

4.Vide order dated 31.03.1977, Government authorised erstwhile Tamil Nadu Slum Clearance Board (renamed as Tamil Nadu Urban Habitat Development Board) as per the report of Chairman, Slum Clearance Board, dated 12.03.1982 and 24.09.1982 to take action towards collecting installments, whereupon transfer of ownership of lands in favour of the occupants, to enter into lease cum sale agreement, the Defence Ministry subject to certain terms and conditions resolved in Resolution No.267/81 dated 13.10.1981 by Slum Clearance Board. The terms were part of the Government order in G.O.Ms.No.991, Housing and Urban Development Department, dated 02.11.1982.

5. G.K.M. Colony, Chennai – 600 082, was taken up for development by Slum Clearance Board under Madras Urban Development Project and as per G.O.Ms.No.991, Housing and Urban Development Department, dated 02.11.1982. Board became the authority to transfer ownership rights in the land to and in favour of the occupant under “as is where as” basis. The maintenance and development of the area also vested with Slum Clearance Board and the same was carried out with World Bank fund assistance.

6. G.K.M. Colony has been notified as “slum” along with other slum areas by Government of Tamil Nadu in G.O.Ms.No.225, Labour and Housing Department, dated 26.02.1972 under Slum Clearance Board Act .

7. As per the directions of Government of India, Slum Clearance Board has allotted subject lands to 1762 occupiers as beneficiaries as per the eligible beneficiaries list approved by District Collector. There cannot be any substitution of any person other than the members in eligibility list. Slum Clearance Board is only in charge of the collection of installments and remitting the same to Government of India (Ministry of Defence) from 1762 members. Thereupon, by proceedings dated 01.04.2010 by Defence Estate Office, Madras, a certificate was issued to Slum Clearance Board