V. SHANTHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Mr.V.Shanmugasundar, learned Special Government Pleader accepts notice on behalf of the first respondent/Government and Mr.R.Bharath Kumar, learned Standing Counsel for the Tamil Nadu Housing Board accepts notice for the other official respondents. The notice to the fourth respondent in W.P.No.15814 of 2020 is dispensed with, with the consent of the learned counsel on either side and accordingly, these writ petitions are taken up for final disposal at the admission stage itself.

(2.) The above writ petitions are filed challenging the Government Order in G.O.(2B)No.201, Housing and Urban Development [HB.2(2)] Department, dated 30.09.2020 and quash the same. In W.P.No.15814 of 2020, the petitioner is also seeking to quash the proceedings of the third respondent in his Letter No.P.Pa.Ko., plan/033/2009, dated 15.09.2020, in addition to the above prayer.

(3.) The petitioners in all the writ petitions are allottees of the housing unit in Door bearing Nos.18/5, 8/6, 7/7, Peters Road Colony, Royapettah, Chennai, having regard to the allotment under the General Public Quota Category issued by the first respondent on 16.02.2007, 01.02.2011 and 07.01.2016 respectively. Admittedly, all the housing units were constructed in the year 1972 and having periodically maintained by the official respondents/TNHB. The dwelling units were constructed as per the Floor Space Index (FSI) prevalent at the relevant point. Since the present FSI would certainly enhance the living space and would accommodate more units, the first respondent had found it necessary to examine the structural fitness of the building and it was suggested to develop the housing unit in 17 places, including the Peters Road Colony. In this connection, it would be relevant to state that the first respondent had passed the Government Order in G.O.Ms.No.21, Housing and Urban Development [HB5(2)] Department, dated 29.01.2013, as per which, it was decided to construct 2522 units under Tamil Nadu Government Servant Rental Housing Scheme (TNGRHS) and 1770 units under Self-Financing Scheme (SFS) in Phase I and 1124 units under TNGRHS and 838 units under SFS in Phse II (overall 6254 units) in Chennai. Thereafter, a separate Government Order in G.O.Ms.No.91, Housing and Urban Development [HB5-2] Department, dated 04.07.2018 was passed, wherein, a Technical Committee consists of Expert Panel Members to examine structural fitness was constituted and it was suggested to the Housing Board to accept their recommendation. The Committee so constituted under G.O.Ms.No.91 had opined that the buildings deserved to be demolished. Hence, the third respondent had issued a notice in Letter No.P.Pa.Ko.,plan/033/2009, dated 15.09.2020, to each of the petitioners calling upon them to vacate the dwelling units within 15 days, i.e., on or before 30.09.2020, which is impugned in W.P.No.15814 of 2020.