Dismissed

Annai Satya Nagar and sanjay Nagar Residents Welfare Association v. The Tamil Nadu Slum clearance Board

Madras HC20 Jun 2019WP/953/2019

Case brief

AI extract

What is this about?

Petitioner filed a writ petition challenging a tender notice for slum redevelopment. The respondent filed an affidavit explaining approval under PMAY and submitting an undertaking to construct tenements and provide alternate accommodation. Upon the petitioner's request, the court dismissed the writ petition as withdrawn.

What did the court decide?

Writ Petition dismissed as withdrawn; connected Miscellaneous Petitions closed.

Annai Satya Nagar and sanjay Nagar Residents Welfare… — Writ and Judicial Review | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :20.06.2019

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CORAM

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THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

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W.P. No.953 of 2019 and W.M.P. Nos. 1058 and 1059 of 2019

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Annai Satya Nagar and Sanjay Nagar

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Residents Welfare Association, Represented by R. Srinivasan,

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No. 174, 1^st Cross Street, Satya Nagar, Vyasarpadi,

Chennai - 600 039.

... Petitioner

-vs-

The Tamil Nadu Slum Clearance Board,

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Rep. by its Superintending Engineer, Chennai Circle III,

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No. 5, Kamarajar Road,

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Chepauk,

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Chennai - 600 005.

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The State of Tamil Nadu,

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Rep. by its Secretary to Government, Revenue Department, Secretariat,

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Fort St. George,

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Chennai - 600 009. ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, directing the First Respondent herein to call for the records pertaining to the Tender Notification vide Tender Notice No. SCB/937/HD/SE(CC-IIII)/2018 dated 07.12.2018 issued by the First Respondent and to quash the same as illegal, arbitrary and against the principles of natural justice and consequentially forbear the Respondents/Authorities from carrying out any reclamation and/or construction activity in Annai Satya Nagar and Sanjay Nagar is situated in Moorthingar Street near in Corporation Division 46, Zone IV at Vyasarpadi, Chennai - 600 039 near Dr. Ambedkar Arts College in the land of an extent of 4.24 Acres comprised in R.S. Nos. Old S. No. 779/23 Pt, New S. No. 779/66 Pt, 69 Pt.

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https://hcservices.ecourts.gov.in/hcservices/

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For Petitioner : Mr. I. Periaswamy For Respondents : Mr. S. Prabhu (for R1)

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Mr. M. Karthikeyan, Additional Government Pleader(for R2)

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ORDER

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Heard Mr. P. Subramanian, Learned Counsel for the Petitioner and Mr. M. Karthikeyan, Learned Additional Government Pleader appearing on behalf of the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

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The Petitioner has filed this Writ Petition challenging the Tender Notification vide Tender Notice No. SCB/937/HD/SE(CCIII)/2018 dated 07.12.2018 issued by the First Respondent and for a consequential direction to forbear the Respondents/Authorities from carrying out any reclamation and/or construction activity in Annai Satya Nagar and Sanjay Nagar measuring to an extent of 4.24 acres comprised in old S. No. 779/23 Pt, new S. No. 779/66 pt, 69 pt situated at Moorthinagar Street near Corporation Division 46, Zone IV at Vyasarpadi, Chennai - 600039.

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Having regard to the apprehension expressed by the Petitioner in respect of the proposed demolition and reconstruction of the existing housing tenements in Annai Satya Nagar and Sanjay Nagar, the Second Respondent has filed Additional Counter Affidavit dated 19.06.2019 stating as follows:-

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“I submit that the Moorthinagar street slum is a declared slum under Section 3 of TNSCB Act vide G.O.Ms.No.223 Housing Department dated 20.03.1973. The Moorthinagar street slum land was alienated to TNSCB vide G.O.Ms.No.397/Revenue dated 07.07.2005 after following the mandatory procedures. The project for the construction of 972 multi storeyed EWS tenements with minimum plinth area of 400 sq.ft in each tenement has been approved by Government of Tamil Nadu and Government of India under Prathan Mantri Awas Yojana (PMAY) in the CSMC meeting for Rs. 132.04 crore in the 33^th CSMC meeting held on 23.05.2018. Based on this, the Board had also approved the project for Rs.132.04 crore. After getting approval only, the tender for the construction of 972 tenements at Moorthinagar Phase II had been called for vide Tender Notice No.SCB/937/HD/SE (CC-III)/2018, dated 07.12.2018 and the publication of

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https://hcservices.ecourts.gov.in/hcservices/

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tender notice is in order only and it is for the welfare of the people who are living in low lying area mostly in thatched huts of size 10' x 10'(100 sq.ft). 2. I submit that the Annai Sathya Nagar and Sanjay Nagar land belongs to Tamil Nadu Slum Clearance Board and it is in possession of the Board from 22.07.2010 (copy of G.O and taken over certificate has been enclosed. The Board is constructing tenements for the poor people who are mostly living in thached huts/semi pucca AC roof houses in a low lying area and it is for the welfare of the people only.

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I submit that the tender for the construction of 972 tenements (Stilt+9 Floors) with minimum of 400 sq.ft of Plinth area/ unit using conventional / Alternative technology on lumpsum turnkey basis has been approved by the Board at a cost of Rs.105.76 crores. The agreement was executed on 21.02.2019 with M/s. RPP Infra Projects Ltd., The agreement period is 18 months. It is further submitted that if all the 400 approximate encroachers vacate the site immediately, they will be accommodated in the proposed tenements in 18 months time. Those who vacate the site will be given proper photo identity cards and allotment letter assuring them of allotment in the proposed tenements with all infrastructure facilities such as water supply, sewerage, lift fire fighting arrangements and lightening arrester etc.

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I submit that the Tamil Nadu Slum Clearance Board had done bio-metric survey for the 133 families who had come forward and living in Annai Sathya Nagar and Sanjay Nagar areas. These families are willing for the construction of multi storeyed 972 tenements at Moorthinagar Phase II scheme under Prathan Mantri Awas Yojana (PMAY). Most of the people living in Annai Sathya Nagar and Sanjay Nagar are willing for the construction of tenements at Moorthinagar, Phase II, except the Petitioner who had filed this Writ Petition with malafide intention and ulterior motive. The encroachers are living in unhygienic condition without any basic infrastructural facilities. They are proposed to be vacated temporarily from the area to facilitate the construction of multistoried tenements to accommodate them in the proposed new tenements.

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I submit that the people had been advised to live in the alternate accommodation at Mullai Nagar area which is 2.20 km from Moorthinagar street (Annai Sathya Nagar and Sanjay Nagar) scheme and the Board had promised to

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https://hcservices.ecourts.gov.in/hcservices/

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provide all the infrastructure facilities at Mullai Nagar.”

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The Learned Counsel for the Petitioner submits that in view of the aforesaid under taking by the Respondents, which are placed on record, the Petitioner seeks permission of this Court to withdraw the Writ Petition and he has made an endorsement to that effect.

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Recording the same, the Writ Petition is dismissed as withdrawn. It made clear that in the event of the Respondents failing to carry out their commitments in the aforesaid undertaking, it is open to the Petitioner to pursue appropriate remedy in the manner recognised by law. Consequently, connected Miscellaneous Petitions are closed. No costs.

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Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
1. The Superintending Engineer,
Tamil Nadu Slum Clearance Board,
Chennai Circle III,
No. 5, Kamarajar Road,
Chepauk,
Chennai - 600 005.
2. The Secretary to the Government of Tamil Nadu,
Revenue Department,
Secretariat,
Fort St. George,
Chennai - 600 009.
+1 cc to M/s.S.Prabhu, Standing Counsel, SR.No.51252
AKM/31.10.19/4P-4C /
W.P. No.953 of 2019

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https://hcservices.ecourts.gov.in/hcservices/

Annai Satya Nagar and sanjay Nagar Residents Welfare Association v. The Tamil Nadu Slum clearance Board

Case brief

What is this about?

What did the court decide?

Annai Satya Nagar and sanjay Nagar Residents Welfare Association v. The Tamil Nadu Slum clearance Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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