original allotment in favour of the petitioner was made allotting 87.50 sq.mtrs. Admittedly the petitioner paid the land cost. Therefore, in normal circumstances, she would be eligible to occupy the entire extent of the land measuring 87.50sq.mtrs. However, in the present case, the Tamil Nadu Slum Clearance Board subsequently found that they have committed a mistake in allotting the entire extent of 87.50 sq.mtrs in favour of the petitioner even before the approval of the layout scheme by the competent authorities. After approval of the layout scheme, the Tamil Nadu Slum Clearance Board found that the plot allotted to the petitioner is falling under two different schemes and therefore, the 4th respondent is also eligible to get a housing plot in that area. Such a administrative mistake cannot be taken as a ground for sustaining the original allotment, since in the event of allotting the entire portion in favour of the petitioner, the rights of the 4th respondent will be denied. The scheme to provide house site to the encroachers is a concessional scheme and it is not a sale of property. The encroachers were given the benefits to occupy the portion of the land under their encroachment by formulating a scheme which is a welfare scheme, thus such concessions extended by the Government cannot be claimed as an absolute right. Page 7 of 11
