P ARIVUDAINAMBI Vs. MANAGING DIRECTOR TAMILNADU HOUSING BOARD

JUDGEMENT

(1.) SINCE the issue in these Petitions is one and the same, they are being disposed of by this common Order.

(2.) PETITIONER in W. P. No. 39279 of 2005 is one P. Arivudainambi, Advocate, practising in this court. He challenges the order of the second respondent, viz. , Secretary to Government, housing and Urban Land Development Department, Fort St. George, Chennai-600 009, dated 26. 05. 2 005, in and by which, the Government rejected the request of the petitioner without taking into consideration the direction of this Court in WPMP No. 25732 of 2003 in W. P. No. 15974 of 2002, dated 12. 12. 2003. The other two Writ Petitions, viz. , W. P. Nos. 11907 and 11908 of 2006, have been filed by one Dr. Vasanthi Veerasekaran and D. Veerasekaran respectively, praying for the issuance of Writ of Mandamus, directing the respondent, viz. , secretary to Government, Housing and Urban Development Department, Fort St. George, chennai-600 009, to implement the orders passed by this Court, dated 12. 12. 2003 in W. P. M. P. No. 28883 of 2003 in W. P. No. 3372 of 2003 and W. P. M. P. No. 28882 of 2003 in W. P. No. 36980 of 2002, by allotting alternate sites to the petitioners under the special category of 'displaced persons' as directed in the said orders.

(3.) COMMON facts, in brief, are as follows:-A. In the case of the petitioner in W. P. No. 39279 of 2005, according to him, his only housing plot admeasuring an extent of 5700 sq. ft. situate in Survey No. 300/13 of Velachery village had been acquired way back on 15. 10. 1999. When he challenged the same by filing writ petition in w. P. No. 16929 of 1999, the Government gave an undertaking before the Court on 15. 10. 1999 that his possession would not be disturbed without following the due process of law. However, it is the grievance of the petitioner that contrary to the said undertaking, the petitioner was dispossessed forcibly for the execution of the project work. After taking the possession forcibly, the State Government resorted to acquisition proceedings and passed award in Award No. 1 of 20 03, dated 10. 01. 2003. The petitioner's land had been acquired by the second respondent for the purpose of implementing M. R. T. S. Railway project. The project has been jointly implemented by the second respondent and the Government of India and the entire cost of the project was shared by both State and Central Government on the ratio of 67:33. The petitioner, having no other housing land, filed W. P. M. P. No. 25732 of 2003 in W. P. No. 15947 of 2002. The petitioner sought for a direction to the Government to allot equal proportion of the vacant land anywhere within the Corporation/city Limit. After hearing both sides, considering the grievance of the petitioner, learned single Judge passed an order on 12. 12. 2003, permitting the petitioner to make a representation for allotment of alternate site, with a positive direction that, if any such representation is made, the State Government and the Tamil Nadu Housing Board shall consider the request for allotment of land under the special category of displaced persons by the acquisition of lands for the Railways as has been held by the Supreme Court in Hansraj H. Jain vs. State of Maharashtra (1993 AIR SCW 2923 ). After the said order, the petitioner made a representation to the Government, enclosing copy of the order referred above. By order dated 26. 05. 2005, the second respondent passed the impugned order, rejecting the request of the petitioner. In the said order, the Government, after finding, the lands were already vested with the Metropolitan Transport Project (Railways) for Mass Rapid Transit System, therefore, there is no justification for allotment of land to the petitioner in any scheme area when the lands were not acquired either by Tamil Nadu Housing Board or Chennai Metropolitan Development authority; declined to accede to the request of the petitioner, hence, the petitioner filed the present Writ Petition, viz. , W. P. No. 39279 of 2005. B. In the case of the petitioners in W. P. Nos. 11907 and 11908 of 2006, their lands were also forcibly taken by the respondent. Similar direction was given in their favour by order dated 12. 12. 2003 in WPMP Nos. 28883 of 2003 in W. P. No. 3372 of 2003 and 28882 of 2003 in W. P. No. 36980 of 2002. Pursuant to the said direction, the petitioners made representation to the government on 18. 04. 2005 for allotment of housing site developed by the Tamil Nadu Housing board for the equivalent extent. Since no order has been passed till this date by the State government, the petitioners have filed the present Writ Petitions viz. , W. P. Nos. 11907 and 11908 of 2006 for appropriate direction for compliance of the order dated 12. 12. 2003.