V.SHANTHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Both the Writ Appeals are directed against a common order dated 05.11.2020 of a learned Single Judge of this Court, whereby the petitioner's request to quash the Government Order in G.O. (2B) No.201, Housing and Urban Development [HB 2(2)] Department, dated 30.09.2020, insofar as it relates to allotment of an alternate accommodation extended to them at Mahakavi Bharathi Nagar (MKB Nagar), Chennai, in lieu of their proposed eviction from Peters Road Colony, Royapettah, Chennai, was dismissed.

(2.) The brief facts of the case are as follows:-

(3.) Mr.N.G.R.Prasad and Mr.Jayesh B.Dolia, learned counsels representing the appellants submitted that the original purpose for the proposed demolition was not for re-construction of multi-storied office cum commercial complex at Peters Road Colony and that even as per the announcement made by the concerned Hon'ble Minister before the Assembly Floor, it was meant only for reconstruction of residential buildings and since the change of the proposal is not backed with appropriate Government Orders for conversion of proposal from residential to commercial complex, the eviction notice itself, cannot be sustained. They further submitted that the subsequent administrative ratification for conversion of the residential units into a commercial complex through G.O.Ms.No.173, Housing and Urban Development (HB3(2)) Department, dated 20.11.2020 was issued only after the eviction notices and since such a sanction for conversion of the residential units into a commercial complex through a Government Order was not available when the original eviction notices were issued, the consequential eviction itself is flawed. It is also their submission that the mandated soil test at the proposed construction site has not been conducted title date.