W.P. No. 18999 of 2003. Case: S. Arokiam Vs Chairman, Tamil Nadu Slum Clearance Board, No. 5, Kamarajar Salai, Chennai and Another. High Court of Madras (India)

Case NumberW.P. No. 18999 of 2003
CounselFor Appellant: V. Raghavachari, Adv. and For Respondents: R.P. Kabilan, Additional Advocate General
JudgesS. Manikumar, J.
IssueConstitution of India - Articles 226, 229, 299s
Judgement DateJuly 30, 2012
CourtHigh Court of Madras (India)

Order:

S. Manikumar, J.

  1. A slum dweller, who has paid the entire sale consideration for purchase of the plot, allotted to him, under the Madras Urban Development Project II promoted by the Slum Clearance Board, Chennai, has sought for a mandamus, directing the Chairman, Tamil Nadu Slum Clearance Board, Chennai, the respondent herein, to execute and register a sale deed in respect of the premises bearing Door No. 1, Plot No. 323, measuring an extent of 3.88 Sq. Mts., Ambedkar Street, Karunanidhi Nagar, Ullagaram, Chennai-61. It is the case of the petitioner that he was allotted the above plot, vide proceedings No. 82/92/A.A. 7, dated 10.4.1992 of the Chairman, The Slum Clearance Board, for value of Rs. 40,950/-. As per the allotment, the petitioner has to pay the sale price in monthly installments of Rs. 465/-. To get electricity and sewerage connections, he has obtained the prior permission from the respondent. No objection certificate has been granted for constructing a house, by availing loan from the Financial Institutions.

  2. The petitioner has further submitted that he has complied with all the requirements, as per the Lease-cum-Sale Agreement, dated 27.3.1999. The entire sale consideration of the plot has also been paid and there is no arrears, either towards installments or other charges. Though the petitioner has represented to the authorities to execute a sale deed in his favour and also expressed his willingness to bear all the expenses, that may be incurred for the registration of the sale deed, there was no response. Being aggrieved by the same, the petitioner has sent a Lawyer's notice, dated 23.4.2003. Though the notice has been acknowledged, there was no reply. According to the petitioner, having received the entire sale consideration, the respondent ought to have executed the sale deed and thus has failed to discharge his duties and therefore, left with no other option, he has come forward with the present writ petition for a mandamus, as stated supra.

  3. Though the writ petition is pending for nearly nine years, no counter affidavit has been filed. However, on the basis of the instructions furnished by the Assistant Secretary (Tenements), Tamil Nadu Slum Clearance Board, Chennai, Mr. K.V. Dhanapalan, learned Additional Government Pleader for the respondent submitted that earlier, the Government have issued orders in G.O. Ms. No. 1117, Housing and Urban Development Department, dated 27.6.1979, for development of lands occupied by slum dwellers, in slum areas of Madras and other areas and orders were also issued for grant of conditional patta to Slum dwellers on hire purchase basis. He further submitted that subsequently, the Government have issued orders in G.O. Ms. No. 1911, Revenue Department, dated 28.8.1998, permitting the Slum Clearance Board, Chennai to enter into Government poramboke lands even under banned categories for carrying out the slum improvement programmes.

  4. Insofar as the property in Ullagaram Village is concerned, learned Additional Government Pleader submitted that the Board has resolved to approve the budget estimate to the tune of Rs. 50.60 lakhs for carrying out developmental works in 8 slum areas, covering 3480 families under M.U.D.P. II., Project and Karunanidhi Nagar of Ullagaram Village, was one among the area, for which, a budget estimate to the tune of Rs. 19.40 Lakhs was approved for carrying out the developmental works, with the aim of benefitting 1300 families.

  5. Learned Additional Government Pleader further submitted that as per G.O. Ms. No. 1117, Housing and Urban Development Department, dated 27.6.1979, Government lands may be developed under M.U.D.P. II and that the Slum dwellers executed Lease-cum-Sale Agreement. As per the scheme, the Special Tahsildar for M.U.D.P., was to prepare layout in "as is where is" condition basis and furnish the list of beneficiaries to the Tamil Nadu Slum Clearance Board who would collect the land cost along with developmental charges, from the slum dwellers and that their encroachments would be regularised.

  6. Learned Additional Government Pleader further submitted that, as per the scheme in force, at that time, as soon as the entire land cost is paid and as and when the lands are transferred in favour of the Slum Clearance Board, by the Revenue Department, the beneficiary would be issued with the sale deed. Nothing was mentioned in the said government order that the land on which developmental activities were carried on had to be declared as Slum under Section 3(1) of the Tamil Nadu Slum Area (Improvement and Clearance) Act, 1971. Accordingly, the Slum area located in the government land (Eri Poramboke land) bearing Survey No. 90 (Part) of Ullagaram Village known as "Karunanidhi Nagar" was taken up for carrying out developmental works, under Madras Urban Development Project II. The total area of the above land is 23.31.0 Hectares.

  7. Learned Additional Government Pleader further submitted that a layout was prepared for 514 plots on the basis of "as where is" condition and that the same was duly approved by the then Madras Metropolitan Development Authority. The beneficiaries list for 514 plots was prepared by the then Special Tahsildar (M.U.D.P.) (vide his letter No. 2859/90H.1, dated 7.8.1991). Advance amount was collected and Lease-cum-Sale Agreement was also executed. Land cost was collected from those who have paid the advance and executed Lease-cum-Sale Agreement. Out of 514 encroachers, only 165 persons have paid the advance amount and executed, Lease-cum-Sale Agreements. The remaining persons have not come forward to pay the advance amount, to get the Lease-cum-Sale Agreements executed in their favour.

  8. Learned Additional Government Pleader further submitted that a sum of Rs. 19.49 lakhs have been spent towards the developmental works and that the works were completed. Necessary requisition letter has also been sent to the District Collector of Kancheepuram District, in connection with the transfer of land in favour of Tamil Nadu Slum Clearance Board and the matter is still pending. He also submitted that the District Collector has also been reminded periodically. Further, the Chairman and Secretary to Government, Housing and Urban Development Department has also conducted review meetings with the District Revenue Officials on several occasions.

  9. Learned Additional Government Pleader further submitted that though 165 allottees have paid full cost for their plots, sale deeds could not be issued to them for want of transfer of land by the Revenue Department, in favour of Tamil Nadu Slum Clearance Board. He also submitted that like Ullgaram area, there are about 88 Schemes Areas, where sale deeds could not be issued to the allottees, because the scheme lands have been classified into various kinds of government poramboke, including water course porambokes and they are yet to be transferred. The land could not be transferred to T.N.S.C.B., because of the following reason that the land has been classified as "Eri Poramboke." (Water Course Poramboke) and alienation or assignment of such land is barred by a Government order issued in G.O. Rt. No. 41/Revenue Department/dated 20.11.1987 and also by the Supreme Court judgment delivered in S.L.P.C. No. 3109/2011 dated 20.8.2011.

  10. Record of proceedings shows that after entertaining this writ petition, in W.P. M.P. No. 23796 of 2003, this Court, by an order, dated 11.9.2003, has directed the respondent to execute and register the sale deed in respect of the above premises. When the matter came up on 23.4.2012, files were directed to be produced by the Slum Clearance Board, Chennai and upon perusal of the same, this Court has passed the following orders,

    On this day, when the matter came up for hearing, on the basis of the status report prepared by the Assistant Secretary (Tenement), Tamil Nadu Slum Clearance Board, Chennai, Mr. K.V. Dhanapalan, Learned Additional Government Pleader, submitted that apart from Ullagaram Scheme, there are about 88 scheme areas, where sale deeds could not be issued to the allottees, because of the classification of the lands, upon which, improvements have been made by the Slum Clearance Board. He also submitted that Government have been addressed to take suitable decision.

  11. Material on record discloses that pursuant to Lease-cum-Sale Agreement dated 27.3.1998, entered into between the Chairman of the Slum Clearance Board and the petitioner, the entire amount has been paid by the petitioner, and for nearly 13 years, the sale deed has not been executed, despite demand. Since the execution of the sale agreement depends upon the decision of the Secretary to Government, Housing and Urban Development Department, State of Tamil Nadu, Secretariat, Chennai, this Court deems it fit to suo motu implead him as a party respondent to this writ petition. Registry is directed to carry out necessary amendment.

  12. The entire amount under the Agreement of Sale has been received on 27.3.1998. The Chairman, Tamil Nadu Slum Clearance Board, Chennai, has not chosen to file any counter affidavit, explaining the steps taken by him for re-classification of the lands.

  13. Material on record further shows that he has been directing the District Collector, Kancheepuram District, to get the land assigned, when he had entered into a Lease-cum-Sale Agreement with many persons. Apart from Ullagaram, it has been stated that more than 88 scheme areas, where sale deeds have not been issued for many years. In these circumstances, the Secretary to Government, Housing and Urban Development Department, State of Tamil Nadu, Secretariat, Chennai, who has now been impleaded as a party respondent to this writ petition, is directed to submit the stand of the Government, by way of specific averments and steps taken in this regard. He is directed to file a status report by 27.4.2012. The Learned Additional Government Pleader will communicate the orders of this Court to the...

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