RAMANI Vs. TAMIL NADU SLUM-CLEARANCE BOARD

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 6/9/2006 in Writ Appeal (WA) No. 1785/1999 and subsequent order dtd. 22/12/2014 in Review Petition No. 145/2006 in WA No. 1785/1999 passed by the High Court of Judicature at Madras, the original allottee of the land in question has preferred the present Special Leave Petitions.

(2.) As the petitioner herein was allotted a plot bearing No. 25 in Thirumoolar Colony Scheme area by the Tamil Nadu Slum Clearance Board. The petitioner paid all the amounts payable in pursuance of the said allotment. She was also issued with a No Objection Certificate for obtaining water connection and drainage connection. However, before putting up any construction, she was required to obtain the permission from Chennai Municipal Corporation to put up construction. The petitioner applied for approval of the building plan on 15/3/1996. But without waiting for the approval to be granted to the building plan, she proceeded with the construction. It appears that the plot in question was earmarked as "public convenience." A civil suit bearing OS No. 326/1996 was filed against the Board so as to restrain the Board in making allotment to the individual. Hence, the plot allotted to the petitioner was required for the "public purpose." At this stage, it is required to be noted that the Chennai Metropolitan Development Authority (CMDA) originally granted approval to the layout in the scheme "town planning scheme" which showed the land in question to be earmarked for "public convenience." However, since the plot allotted to the petitioner was required for the public purpose, the CMDA did not approve the proposal for making the allotment. That thereafter, the Slum Clearance Board cancelled the allotment of the plot in question by proceedings dtd. 3/6/1996. It appears that despite the order of cancellation vide proceedings dtd. 3/6/1996, the petitioner continued with the unauthorized construction and even without the building plan getting sanctioned/approved. According to writ appellant before the Division Bench of the High Court, the petitioner along with 50 persons stormed into the colony and began demolishing the public lavatory. Therefore, writ petition came to be filed before the High Court being Writ Petition No. 11868/1996 and W.M.P. No. 16016/1996, directing the Slum Clearance Board to remove illegal construction by submitting that there are above 400 families residing in the said colony therefore, the Slum Clearance Board has constructed public toilets, bathrooms, etc., in plot No. 25 to cater the needs of the residents of the locality.

(3.) Shri Shyam Divan, learned Senior Advocate has appeared on behalf of the petitioner and Shri Amit Anand Tiwari, learned AAG has appeared on behalf of the respondent - State.