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2013 DIGILAW 1263 (MAD)

Motor Spare Parts (Second Hand) & Iron Merchants Association, Rep by its President, Chennai v. Executive Engineer, Public Works Department

2013-03-06

VINOD K.SHARMA

body2013
Order : 1. The prayer in both the writ petitions is for issuance of a writ in the nature of mandamus directing the respondents to provide alternative site for the petitioners/members of the petitioner association, as per the rehabilitation and resettlement scheme under the four lane elevated express way from Chennai Port to Maduravoyal Project in accordance with law before evicting the members of the petitioner association from the South Coovum River Road. 2. On notice, the learned counsel for the respondent No.4 has placed on record G.O.Ms.No.88 dated 6.6.2011. The paragraphs 2 and 3 of G.O read as under: The Managing Director, Tamil Nadu Slum clearance Board, in his letters 3rd read above has stated that the Tamil Nadu Slum Clearance Board has identified, about 7400 families are squatting on the alignment and that besides 1657 Commercial Units/shops need to be resettled out of which 458 Commercial units are on the Elevated corridor project. The Managing Director has also stated that the Tamil Nadu Slum Clearance Board has proposed to create developed plots at Appur and Perumalthangai village in Kancheepuram District and that the developed area will be named as Auto Nagar. He has further stated that 458 project affected families have requested to provide plots having minimum 300 sq.ft at free of cost. 3. The Managing Director, Tamil Nadu Slum Clearance Board has proposed to fix the tentative pricing for the plots as follows: (i) The developed plots not exceeding 300 sq.ft may be allotted to the 458 project affected families running commercial units and squatting on the alignment of the Elevated Corridor Project and the cost may be shared by the Chennai Port Trust and the Government of Tamil Nadu equally. (ii) If the beneficiary choose the plots having more than 300 sq.ft, the excess area over and above 300 sq.ft may be charged at Rs.390 per sq.ft (iii) The cost of the excess plot may be collected by initial down payment at 20% then the balance amount in EMI with 12% interest in 3 years repayment period. (iv) The balance 1199 plots (i.e. 1657 – 458) may be allotted at outright sale at Rs.390/-per sq.ft (or) adopting the same analogy as stated at point (iii) above. (iv) The balance 1199 plots (i.e. 1657 – 458) may be allotted at outright sale at Rs.390/-per sq.ft (or) adopting the same analogy as stated at point (iii) above. (v) The 50% of the apportioned cost for 458 plots works out to Rs.535.86 lakhs will be obtained from the Chennai Port Trust and remaining 50% of cost borne by the Government of Tamil Nadu.” 3. In view of the government order referred to above, the prayer made in both these writ petitions has been rendered infructuous. 4. Consequently, the writ petitions are disposed of as having been rendered infructuous. No costs. Consequently, connected Mps are closed.