TAMIZHAGA KUDIASAIVAZH NALLVUTROR MUNNETRA SANGAM 232/91 ANNAI SATHYA NAGAR RAJAJI SALAI OPPOSITE RESERVE BANK OF INDIA CHENNAI 9 Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner claims to be a Registered Association under the Societies Registration Act. THE prayer in this writ petition is for a issue of a writ of mandamus directing the respondents to provide fire-proof house/shelters to the residents of Annai Sathya Nagar and also to provide suitable rehabilitation measures and pass such further orders.

(2.) THE members of the petitioner'sassociation are occupying an extent of C13-22-0174 sq.ft of land opposite to the Reserve Bank of India in R.S. No. 11736 of VOC Nagar Village. THE land, as of now, is in the name of the Government, Revenue Department. Admittedly, the members of the petitioner'sassociation have encroached and occupied the land belonging to the Government. It is, further, seen from the records, especially in the counter filed in W.P. No. 1348 of 1992, that notice under section 7 of the En croachment Act has been issued on 14.7.82 and Section 6. notice was issued on 6.1.1983. This proceedings were approved by the Collector and sent to the Tahsildar. THE encroachers earlier approached this Court in W.P. No. 252 of 1983 and this Court by an order dated 15.7.91 directed the Government to provide alternative accommodation. It is, further, stated that the Government has prohibited the assignment of this land to anybody and therefore, the Government thought of removing the encroachments even in the year 1982 by issuing proper notice. It is, further stated that the Chairman of the Tamil Nadu Slum Clearance Board has been addressed to provide alternative accommodation to the encroachers who have put up huts before 30.6.1984.

(3.) FROM the above, it is clear that a number of persons were in occupation in R.S. No. 11735 of VOC Nagar, Fort St. George in the Government land. They were treated as encroachers and proceedings under Sections 6 and 7 were initiated for removing the encroachments. Though the process of eviction of this encroachment has not been completed, in the writ petition filed on behalf of the residents earlier, a direction was issued to provide alternative accommodation and the writ petition was dismissed as early as in the year 1991. The petitioners are fully aware of this fact. The further fact that about 310 families have already shifted and provided with alternative accommodation and that only few of the families are trying to stay back for reasons, according to the petitioners, that the alternative accommodation provided is located on a swamp and it would be dangerous to live in such a place. It is further stated that the said place is inhospitable due to lack of basic amenities including drinking water and surrounded by various anti-social elements. It is further stated that they have to commute to a far-off distance everyday.