Nehru Nagar (Glass Factory) v. G.R.A. Jayaraman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.12.2016
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR Review Application (Writ) Nos.49 to 51 of 2006 and W.P.No.26435 of 2013 Review Application (Writ) Nos.49 to 51 of 2006: Nehru Nagar (Glass Factory) Kudi Vazhvor Podhu Nala Sangam rep. by its President, N.Sundaramurthy Nehru Nagar, Thiruvottityur Chennai - 600 019.
.. Applicant in Rev.A.No.49/2006 Thiruvotriyur Kamaraj Nagar Kudisai Vazhvor Seva Sangam rep. by its President, A.K.S.Gandhi Kamaraj Nagar, Thiruvottityur Chennai - 600 019.
.. Applicant in Rev.A.No.50/2006 Thiruvotriyur Gandhiji Nagar Kudiyiruppor Nala Sangam rep. by its President, Kothandaraman Gandhiji Nagar, Thiruvottityur Chennai - 600 019.
.. Applicant in Rev.A.No.51/2006 Vs.
1. G.R.A.Jayaraman
(2 )
2. The District Collector Tiruvallur District.
3. The Tahsildar Ambattur Taluk Office Ambattur, Chennai - 600 050.
4. The Commissioner Tiruvottriyur Municipality Tiruvottriyur, Chennai - 600 019.
.. Respondents 1 to 4 in all review applications
5. Ashok Leyland Employees Cooperative Industrial Housing Society Ltd.
rep. by Special Officer .. 5th respondent (impleaded by order dated in Rev.A.Nos.49 and 14.12.2016 in M.P.Nos.5 of 2006 - 2 petitions) PRAYER: To review the order dated 20.12.2005 passed in W.P.No.38717 of 2005.
W.P.No.26435 of 2013:
Ashok Leyland Employees Cooperative Industrial Housing Society Ltd.
rep. by its President No.101, Sir A Ramasamy Mudaliar Nagar Tiruvottiyur, Chennai - 19.
.. Petitioner Vs.
1. The Secretary to Government Government of Tamilnadu RD & IA Department Fort St. George, Chennai-9.
2. The Collector of Tiruvallur Tiruvallur.
(3 )
3. The Commissioner Corporation of Chennai Chennai.
4. The Chairman Chennai Metropolitan Development Authority Thalamuthu Natarajan Maligai Gandhi Irwin Road Chennai-8.
5. K.Sudhakar
6. P.Rajagopal
7. R.Chandrasekharan
8. V.Ranganathan
9. M.Muthu 10.J.Kothandaraman 11.R.Krishnan 12.F.Vincent 13.Thiruvotriyur Kamaraj Nagar Kudisai Vazhvor Seva Sangam rep. by its President, M.Muthu Kamarajar Nagar Tiruvottiyur, Chennai - 19.
(R-13 impleaded as per order in MP No.1/2014 dated 04/04/2014) 14.The Chairman Tamil Nadu Slum Clearance Board Kamarajar Salai, Chennai - 600 005.
.. Respondents (R-14 suo motu impleaded by the order dated 14.12.2016 in W.P.No.26435 of 2013) For Review Applicants in Rev.A.Nos.49 to 51 of and respondents 5, 7, 9 to 11 and 13 : Mr.R.Munusamy
(4 ) For Respondents 2 and 3 in the review applications and respondents 1 and 2 in W.P.No.26435 of 2013 : Mr.T.N.Rajagopalan Special Govt. Pleader For respondents 1 and 4 in review applications and respondents 6, 8, and in W.P.No.26435 of 2013 : No appearance For 5th respondent in Review Applications and petitioner in W.P.No.26435 of 2013 : Mr.S.N.Ravichandran For 3rd respondent in W.P.No.26435 of 2013 : Mr.C.Ravichandran For 4th respondent in W.P.No.26435 of 2013 : Mr.C.Johnson COMMON ORDER (Order of the Court was made by the Hon'ble Chief Justice) One R.A.Jayaraman filed W.P.No.38717 of 2005 seeking a direction against the District Administration and the Tiruvottiyur Municipality for removal of encroachments made in the scheme road at Sadayankuppam Battai, Thiruvottiyur (now called as Gandhi
(5 ) Nagar) connecting the areas, namely Annai Kangammal Nagar, Kalaignar Nagar, Ashok Leyland Quarters and Balakrishnan Nagar from 200 feet main road (Basin Bridge to Ennore).
2. The said writ petition came to be disposed of on 20.12.2005 with a direction to the respondents to remove the alleged encroachments, if any, and submit a report with regard to the action taken before the Registrar General, Madras High Court within three months from the date of receipt of a copy of that order.
3. The review applications have been filed by Nehru Nagar (Glass Factory) Kudi Vazhvor Podhu Nala Sangam, Thiruvotriyur Kamaraj Nagar Kudisai Vazhvor Seva Sangam and Thiruvotriyur Gandhiji Nagar Kudiyiruppor Nala Sangam soon after notices were served under Section 3(1) of the Tamil Nadu Act, 1905 seeking to impose cess or evict them from the property land/structure/super structure under Section 6 of the said Act.
4. It is the case of the review applicant in Review Application No.49 of 2006 that the colony has an approved layout duly approved by the Chennai Metropolitan Development Authority and
(6 ) that the land was taken over by the Tamil Nadu Slum Clearance Board, whereby plots were allotted on payment of costs in the year 1993 and some of the allottees are stated to have paid the entire cost of the plot to the Board (The learned counsel for the review applicant states that subsequently, the remaining people have also paid costs and obtained patta, fact which can be verified by the authorities).
5. Insofar as Review Application Nos.50 and 51 are concerned, the applicants have been requesting respondents 2 to 4 in the review applications and the Tamil Nadu Slum Clearance Board for issuance of allotment order and patta and it is their plea that they are paying costs of the plots to the Tamil Nadu Slum Clearance Board and all the buildings in the locality have been assessed to property tax and they are paying necessary house tax to the Municipality.
6. The sum and substance of the claim of the review applicants is that they are not encroachers who can be evicted, but are occupants in pursuance of the patta issued in few cases and the costs being paid to the Tamil Nadu Slum Clearance Board in other
(7 ) cases.
7. A second writ petition has been filed being W.P.No.26435 of 2013 by the Ashok Leyland Employees Cooperative Industrial Housing Society Ltd., once again seeking the same relief except that the survey numbers have been specifically mentioned. The review applicant in Review Application No.50 of 2006 was impleaded as 13th respondent in this writ petition subsequently.
8. In this writ petition, a reference has been made to a counter affidavit filed by the Senior Planner of the Madras Metropolitan Development Authority in W.P.No.2360 of 1989 to the effect that the area has been declared as slum under the Tamil Nadu Slum Clearance Board Act. The Slum Improvements Programme layout application was submitted to the said deponent's office but was returned unapproved in August, 1991 by the then Madras Metropolitan Development Authority for the reason that the slum was located in government battai land, thereby blocking the access to the adjoining private land. The layout was, however, subsequently approved in favour of the Tamil Nadu Slum Clearance Board and thus the Madras Metropolitan Development Authority
(8 ) would not have any objection in granting planning permission and the layout was approved in 1991.
9. The said writ petition (W.P.No.2360 of 1989) was also filed by the same petitioner as in W.P.No.26435 of 2013 and orders were passed on 25.3.1998 noticing that around the colony of the petitioner several encroachments had taken place radically affecting the pathway of most of the inmates of the colony. A direction was issued to the Commissioner, Thiruvottiyur Municipality to examine the issue on hand. It appears that this has also not resolved the controversy.
10. It appears from the pleadings on record that there has to be a collective application of mind by the Thiruvottiyur Corporation (which has taken over the Municipality), the Collector of Tiruvallur, the Chennai Metropolitan Development Authority (successor to the Madras Metropolitan Development Authority) and the Tamil Nadu Slum Clearance Board. The Tamil Nadu Slum Clearance Board is not a party and we, thus, implead it as a respondent in the present writ petition.
(9 )
11. The issue at hand is whether in the planning process any portion is being occupied which should be maintained as a road for access to the approved habitants and whether their rights have been prejudiced in any manner by the regularization of the encroachments and issuance of patta?
12. We direct the authorities concerned to sort out the problem finally and give four months time for the said purpose.
13. The order passed in W.P.No.38717 of 2005 on 20.12.2005 would thus stand modified to the aforesaid extent. The review applications and the writ petition stand disposed of accordingly. No costs. Consequently, M.P.No.1 of 2013 in W.P.No.26435 of 2013 is closed.
(S.K.K., CJ.) (M.S., J.) 14.12.2016 Index :
No Internet :
Yes sasi
(10 ) To:
1. The District Collector Tiruvallur District.
2. The Tahsildar Ambattur Taluk Office Ambattur, Chennai - 600 050.
3. The Commissioner Tiruvottriyur Municipality Tiruvottriyur, Chennai - 600 019.
4. The Secretary to Government Government of Tamilnadu RD & IA Department Fort St. George, Chennai-9.
5. The Commissioner Corporation of Chennai Chennai.
6. The Chairman Chennai Metropolitan Development Authority Thalamuthu Natarajan Maligai Gandhi Irwin Road Chennai-8.
7. The Chairman Tamil Nadu Slum Clearance Board Kamarajar Salai, Chennai - 600 005.
(11 ) THE HON'BLE CHIEF JUSTICE AND M.SUNDAR,J.
(sasi) Review Application (Writ) Nos.49 to 51 of 2006 and W.P.No.26435 of 2013 14.12.2016 http://www.judis.nic.in