V PONNUSAMY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) These writ petitions challenge the validity of the Tamil Nadu Slum Areas ((Improvement and Clearance) Act (XI of 1971). (Throughout the course of Judgment, it will be referred to as the Act).

(2.) Since an identical point is in issue in all these writ petitions, it is enough if we refer to the facts in Writ Petition No. 1485 of 1979 alone. The petitioner purchased a portion of the property in R.S. No. 3969/1 Tondiarpet, Madras from one A. Sundararajan for a sum of Rs. 6,400 for the purpose of constructing therein a residential house for his living. After raising a loan from has provident fund, the petitioner made necessary arrangements for the construction of the house. Owing to some technical difficulties, the construction could not be taken up immediately. There is an open space in R. S. No. 3969/2, which is described as Keerai Thottam.

(3.) The Tamil Nadu Slum Clearance Board, Madras, wanted to acquire this property, known as Keerai Thottam, for the purpose of the Slum Clearance Board. Therefore, the Government of Tamil Nadu, the first respondent initiated proceedings under the Act for the acquisition of the petitioners property as well. The petitioner was served with a notice under section 17 (2) of the Act. He was called upon to show cause why the lands mentioned in the schedule to the notice should not be acquired. The petitioner and the owners of the adjacent plots preferred their objection in the said acquisition contending that the lands were purchased for the purpose of putting up houses and necessary loans are being raised for the purpose of constructing houses. If the lands in R.S. No. 3969/2 alone are acquired it would be more than enough for the purpose, that the very fact that the Government have not acquired R.S. No. 3969/5 itself will show that there was no need to acquire the property of the petitioner. It was further urged, since R.S. No. 3969/5 being in line with other survey numbers viz., R.S. Nos. 3969/7 to 3969/12, if it was acquired there would not be any need for acquiring the property of the petitioner. Several representations were made to the Collector of Madras objecting to the acquisition from 19th April, 1978 till date. Representations were also made before the Chairman of the Slum Clearance Board as well as the Minister for Housing, Government of Tamil Nadu, Madras. But nothing useful came out of them. The petitioner was served with an order, dated 20th December, 1978 from the Special Deputy Collector, and Land Acquisition Officer, Madras (Third Respondent), that the request for the exclusion of the lands could not be considered, as the lands are essentially required by the Tamil Nadu Slum Clearance Board, for implementing the Slum Clearance Scheme and therefore the petitioner was directed to hand over possession of the lands. It is at this stage, questioning the validity of acquisition, this writ petition has been preferred for a writ of certiorarified mandamus to quash the acquisition proceedings and to forbear the respondents from acquiring the lands for the purpose of Tamil Nadu Slum Clearance Board, under the Act.