Madras High Court
Arulmighu Semathamman & vs Tamil Nadu Slum Clearance Board on 27 July, 2022
Author: R.Subramanian
Bench: R.Subramanian
WP.No.375/2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
WP.No.375/2016 & WMP.Nos.259 & 260/2016
Arulmighu Semathamman &
Anantheeswara Thirukoil
rep.by its Executive Officer
Perambur, Chennai 600 011. ... Petitioner
Vs
1.Tamil Nadu Slum Clearance Board
rep.by its Managing Director
No.5, Kamarajar Salai
Chennai 600 005.
2.The Commissioner,
HR&CE, Nungambakkam
Chennai. ... Respondents
**R2 impleaded vide order of this Court
dated 04.03.2022 made in WMP.No.
30286/2018 in WP.No.375/2016
Prayer: Writ Petition filed Article 226 of the Constitution of India praying
for issuance of a writ of certiorari calling for the records of the respondent
which culminated in the impugned proceedings Se.Mu.Ka.En.Ne.A.1
[3]/24300/03 dated 02.11.2015 and quash the same.
1/8
https://www.mhc.tn.gov.in/judis
WP.No.375/2016
For Petitioner : Mr.A.S.Kailasam
For R1 : Mr.G.Shivakumar
For R2 : Mr.S.Yashwanth
Additional Government Pleader
[HR&CE]
ORDER
(1) Challenge in the writ petition is to the communication of the Tamil Nadu Slum Clearance Board [in short ''TNSCB''] dated 02.11.2015 in and by which the Board informed the Commissioner, Hindu Religious and Charitable Endowments [in short ''HR&CE] and the Executive Officers of various temples that a compensation has been fixed for the lands belonging to the temples which have been declared as a slum area and requiring the Commissioner to receive the said sum.
(2) The petitioner is the Executive Officer of Arulmighu Semathamman and Anantheeswarar Temple situate in Perambur. This temple owned vast extent of lands in S.Nos.835/1, 835/2, 836/1, 836/5 on the junction of Thulasinga Mudali Street and Kandapillai Street in Perambur Revenue Village.
2/8 https://www.mhc.tn.gov.in/judis WP.No.375/2016 (3) A Notification under Section 3 of the Tamil Nadu Slum Areas Improvement and Clearance Act, 1971 [in short ''the Act''] was published in the Tamil Nadu Government Gazette dated 08.11.1972 declaring the above area as a slum area. After the said Notification, no other proceeding contemplated under Sections 6 to 10 of the Act were taken by the TNSCB. There was no Notification under Section 11 of the Act declaring the area as a slum area. No steps were taken to acquire the land under Section 17 of the Act also. (4) However, the TNSCB addressed letters to the Commissioner, HR&CE, requiring his consent for transfer of these lands to the Board on payment of compensation which was to be fixed by a Committee constituted by the Government under G.O.Ms.No.337 dated 18.05.1981. The Committee consisted of the Collector of Madras, the Commissioner, HR&CE Administration Department and the Chief Engineer. A fantastic sum of Rs.7,000/- per ground was fixed for temple lands across the city which were to be transferred to the TNSCB. This was later increased to Rs.10,000/- per ground on 07.03.1990. These two Government Orders, in my opinion, are not 3/8 https://www.mhc.tn.gov.in/judis WP.No.375/2016 backed by any statutory power.
(5) Section 17 of the Act makes a provision for acquisition of land if the Government feels that any land is required for improvement of a slum area. Section 18 of the Act vests the land so acquired with the Government free from all encumbrances. Section 20 of the Act provides for payment of compensation to the owners of such land which is sought to be acquired under Section 17. Section 20 also provides that the market value of the land on the date of publication of a notice referred to under Section 17 should be paid to the owners of the land which is acquired under Section 17. (6) Admittedly, no steps for acquisition have been taken by the Government in the case on hand.
(7) While things stood thus, the Board kept on addressing letters to the Commissioner, HR&CE, requiring him to give consent for transfer of these lands belonging to the temple. The Commissioner, HR&CE, in turn, engaged in correspondence with the Executive Officer of this temple, the petitioner herein, requiring his consent or seeking clarification.
4/8 https://www.mhc.tn.gov.in/judis WP.No.375/2016 (8) It appears that the TNSCB, at one point of time, took objections to the Executive Officer filing a writ petition without the permission of the 2nd respondent/Commissioner, HR&CE and in an attempt to arm twist, the Executive Officer required the Commissioner to direct the Executive Officer to withdraw the writ petition. The 2 nd respondent herein/Commissioner, HR&CE, fortunately did not succumb to the arm twisting tactics, but sought for the opinion of the Executive Officer on the request of the Board. The Executive Officer sent a detailed letter dated 12.04.2016 wherein he had pointed out that the land worth several Crores is sought to be snatched away from the temple by payment of a pittance as compensation. (9) The Executive Officer had also pointed out that a sum of Rs.59,23,407/- is due from the tenants of the land and he would go on to state that the rent has not been paid because of a projection by the TNSCB that this area would be a slum area and it will be taken over by the Board. Upon such take over, the residents would be assigned these lands. The Board did not pay the value of the land to the temple. It also prevented the tenants from paying rents to the 5/8 https://www.mhc.tn.gov.in/judis WP.No.375/2016 temple. It was also pointed out by the Executive Officer that the area is no longer a slum and it has been well developed with various permanent buildings which had come in in the said place. Taking cue from the letters of the Executive Officer, the 2nd respondent/Commissioner wrote to the TNSCB on 12.09.2018 stating that the land is very valuable and it is required for the temple and therefore, the same cannot be alienated in favour of the TNSCB. (10) The 2nd respondent/Commissioner, HR&CE, has by his letter, exercised the power under section 34 and has rejected the request of the TNSCB for conveyance of the land. May be the area was declared as a slum area under Section 3 of the Act in the year 1972. But, no follow up action was taken up by the Board except for requiring the 2nd respondent/Commissioner, HR&CE to transfer the land to the Board. Now that the 2nd respondent/Commissioner, HR&CE has rejected the request of the TNSCB, the Board cannot pass the impugned order requiring the petitioner to receive the compensation determined by a Committee which has no statutory backing, that too, after a lapse of nearly 32 years. 6/8 https://www.mhc.tn.gov.in/judis WP.No.375/2016 (11) Hence, the writ petition stands allowed and the order/communication impugned herein, is set aside. However, it is open to the TNSCB to exercise the power under Section 17 of the Act to acquire the land by paying the present day market value. No costs. Consequently, connected miscellaneous petitions are closed.
27.07.2022 AP Internet : Yes To
1.The Managing Director Tamil Nadu Slum Clearance Board No.5, Kamarajar Salai Chennai 600 005.
2.The Commissioner, HR&CE, Nungambakkam Chennai.
R.SUBRAMANIAN, J.
7/8 https://www.mhc.tn.gov.in/judis WP.No.375/2016 AP WP.No.375/2016 27.07.2022 8/8 https://www.mhc.tn.gov.in/judis