VENU Vs. CHAIRMAN TAMIL NADU HOUSING BOARD

JUDGEMENT

(1.) THE case of the petitioners is as follows: the petitioners are owners of the land and superstructure wherein they are residing/carrying on business for a long period. The respondents surprisingly issued/affixed notices near their lands, after perusal of copy of the notices issued to similarly placed persons they came to know that it is alleged that the petitioners encroached the property of the respondents and they were called upon to handover possession within the stipulated short period. The said notices are illegal and without jurisdiction. Under Section 84 of the Tamil Nadu Housing board Act, power is vested with the housing board to evict certain persons mentioned in 84 (1) (a) (i) (ii) and (iii) (d) but the petitioners does not come under the purview of section 84 (1) (a) of the Act, hence, the said notices are untenable. Before resorting to eviction, the mandatory provisions of Section 84 (2) of the said Act has not been complied with by the respondents by issuing notice under section 84 (1) of the Act. In some cases, notices were not issued by the respondents, but the petitioners were threatened for eviction, hence, they are seeking for mandamus forbearing the respondents from interfering with the petitioners peaceful possession and enjoyment of all the house, ground and premises in any manner inclusive of dispossession by including any demolition either by themselves, their workmen, agents, representatives and assigns etc. , The petitioners have spent substantial amount for putting up superstructure, however, without prejudice to their right, they are ready and willing to purchase the lands, which is in their occupation, at the prevailing market rate and prayed for quashing of the impugned notices and allow the writ petitions.

(2.) THE case of the respondents is as follows: the lands in Old Survey Nos. 249/1 to 6, 250/1 to 8, 251 and 252/2a in T. S. No. 2, Block No. 4, Arumbakkam Village, egmore-Nungambakkam Taluk, which is wrongly mentioned by the petitioners in their respective affidavits, were acquired by the acquisition body following Land Acquisition Act. The tamil Nadu Housing Board, hereinafter referred to as Board had invested huge public money for acquiring the same in order to utilise the said lands for suitable housing scheme for residential and commercial purpose. The Board is a statutory body and its main object is to develop the lands and implement the housing scheme for the people belonging to economically weaker sections (EWS), lower income group (LIG), middle income group (MIG) and higher income group (HIG ). In order to implement and develop housing schemes, the Tamil Nadu Housing Board has obtained financial assistance from World Bank, HUDCO and other financial institutions. The Housing Board has to allot houses or house site through lot. The petitioners are unauthorised encroachers of the lands of the housing board. Due to the encroachment by the petitioners, the Board is not in a position to implement the schemes in time, as a result, it incurred great financial loss and hardship, which ultimately defeats the main object of the Board. Some of the encroachers were evicted on 26. 05. 2007. Some of the petitioners vendors suppressing the real fact that the lands belonged to the Board clandestinely executed sale deeds. There is no necessity to issue notices under Section 84 of the Tamil Nadu Housing Board Act, however, formal notices were issued and affixed in the sites in the locality and the respondents are empowered to issue such notices to the encroachers. Some of the petitioners have suppressed the fact that notices were issued and served to them in their affidavit filed in support of the writ petitions. The petitioners and their vendors if any are land grabbers and knowing well that the lands belonged to the Board, false sale deeds were executed and the lands were occupied by the petitioners. Some of the petitioners and their vendors or their predecessors have filed similar cases which were dismissed, the details of the same are furnished below. The possession of the petitioners are unlawful and there cannot be any injunction or other similar relief be granted against the housing board, who is the true owner and prayed for dismissal of the writ petitions.

(3.) THE learned counsel appearing for both sides reiterated the contents of their pleadings and their arguments were considered and material records were perused. The petitioners have stated that the petition mentioned properties are comprised in T. S. No. 1 part, which is not supported by any valid evidence. According to the respondents, the petition mentioned properties are comprised in Old Survey Nos. 249/1 to 6, 250/1 to 8, 251 and 252/2a in t. S. No. 2, Block No. 4, Arumbakkam Village, Egmore-Nungambakkam Taluk, which are acquired for the West Madras neighbourhood Scheme (Anna Nagar Scheme) by the respondents by invoking the provisions of Land Acquisition Act, 1894 and award No. 14 of 1966 and 15 of 1966 dated 28. 03. 1966 were passed, later, the said lands were handed over to the Board