R. Baktavachalam v. Tamilnadu Slum Clearance Board represented by its Chairman and Managing Director
2016-07-13
R.MAHADEVAN, SANJAY KISHAN KAUL
body2016
DigiLaw.ai
ORDER : The petitioners have assailed the identical impugned notices issued by the Tamilnadu Slum Clearance Board/respondent in respect of S.No.90, Karunanidhi Nagar, Ullagaram, Chennai-600 061, where 500 house sites are alleged to be existing. 2. The issue at hand has a chequered history. There were proceedings even filed earlier for eviction of the unauthorised persons in W.P.No.5625 of 2005, in which directions were passed by the Division Bench on 08.03.2010. In the said writ petition, the Tamil Nadu Slum Clearance Board and the Municipal Corporation authorities of Alandur both were parties. The Court directed that steps should be taken for eviction in accordance with law, pursuant to which the impugned notices are stated to have been issued. 3. The substratum of the legal plea raised by the petitioner is that the land does not even vest with the respondent/Board as per its own stand, but was proposed to be handed over to the Board. The land is now stated to be vested with the State Government. This position is once again accepted before us. 4. There is also a controversy as to the categorisation of the land - whether it is a water area or not, as per the current land revenue records. If it is a water area and continues to be so, then on that ground alone, there cannot be any encroachment in view of the Full Bench Judgement of this Court in T.K.Shanmugam vs. State of Tamilnadu and others reported in, ( 2015(5) LW 397 ). If it is otherwise, then the authorities concerned would have to take action in accordance with law to clear the area or take any other steps in accordance with law. It also appears that at some stage, it was stated that this land was utilized for School. 5. We are thus of the view that the impugned notices are liable to be quashed. Ordered accordingly. 6. We simultaneously issue directions to the District Collector, Chennai, who is supposed to have jurisdiction in the area, to carry out an inspection and verify, as per the revenue records, what is the purpose of use of the land, and thereafter, take action in accordance with law, dependant on the result thereof. 7. The aforesaid exercise be undertaken within a maximum period of four months of the receipt of the order by the District Collector, Chennai. 8.
7. The aforesaid exercise be undertaken within a maximum period of four months of the receipt of the order by the District Collector, Chennai. 8. The writ petitions are allowed with the aforesaid directions, leaving the parties to bear their own costs. Consequently, connected miscellaneous petitions are closed. Copy of the order be sent to the District Collector, Chennai as well as to the learned Government Pleader within three days.