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.

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

Writ of Mandamus has been instituted to direct the respondents to evict the illegal encroachment at Angappa Naicken Street, Chennai-1.

2. The Assistant Commissioner, Greater Chennai Corporation, conducted inspection and identified 38 hut dwellers encroached the streets. They have put up some small huts as well as movables. The Corporation officials have already removed the movables. As far as the huts are concerned, 38 families are residing and they are to be relocated suitably by providing alternate accommodation.

3. Learned Standing Counsel for the Corporation would submit that these hut dwellers are residing by occupying the street areas for the past more than 40 years. Thus, eligible homeless poor encroachers are to be identified and an enumeration list is to be prepared and to be communicated to the Tamil Nadu Urban Habitat Development Board for providing tenement to the homeless poor people and thereafter, the huts illegally constructed will be removed and the streets will be maintained properly.

4. No doubt, street encroachers are causing obstructions for the road users and all such encroachments are to be removed in a systematic manner. However, if any homeless people are in occupation of such streets and in the present case for about 40 years, then it is the duty mandated on the State under the Constitution to protect their livelihood. In this regard, the Corporation, in co-ordination with the revenue authorities and police Department has to prepare enumeration list of eligible families and send a list to the Tamilnadu Urban Habit Development Board for allotment of alternate accommodations in any of the projects available under the Government schemes. Once, the tenements are allotted or if any encroacher is found ineligible to avail the tenement, then, the encroachments are to be removed by the competent authorities.

5. In view of the above factual position, the official respondents are directed to take immediate steps to identify the eligible encroachers to avail the Government schemes and provide alternate accommodation and remove them from the road encroachments. If any ineligible persons are encroachers, then those encroachers are to be removed without any further reference and by following the procedures as contemplated under the relevant provisions of the Act and Rules. The said exercise is directed to be completed as expeditiously as possible.

6. With the above directions, the Writ Petition is disposed of. No costs.