Madras High Court
Chennai Ward 170 Peoples Welfare Forum vs Chairman And Managing Director on 9 September, 2022
Author: Munishwar Nath Bhandari
Bench: Munishwar Nath Bhandari
W.P.No.24166 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE N.MALA
W.P.No.24166 of 2022
Chennai Ward 170 Peoples Welfare Forum
(Ward 170 Peoples Welfare Wing of registered trust FICAS) @
Chennai Ward 170 Peoples Welfare Association Foundation for
Innovative Casework and research,
represented by its President
Dr.J.S.N.Nimmu Vasanth ... Petitioner
Vs
1.Chairman and Managing Director
Tamil Nadu Urban Habitat Development Board
Formerly Tamil Nadu Slum Clearance Board
Chepauk Chennai-05.
2.The Secretary
Ministry of Rural Industries Housing and
Urban Development Department
Slum Clearance Board
Fort St. George Chennai-09.
3.The Commissioner
Greater Chennai Corporation
Rippon Buildings
16 EVR Periyar Salai
Chennai-03. ... Respondents
Page 1 of 8
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W.P.No.24166 of 2022
Prayer: Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus directing the 1st respondent to
consider the representation dt.30.06.2022 submitted by petitioner
forum / association to clarify things in all absolutely necessary details
to aggrieved occupiers prior to vacating the occupiers for implementing
the project with reference to the 74th amendment act of Indian
Constitution with items of 12th schedule and help execute the project
having been conceive in the Policy Note 2021-2022 (Demand No.26)
by Slum Clearance Board under Housing and Urban Development
Department the copy attached in the typed set.
For the Petitioner : Dr.J.S.N.Nimmu Vasanth,
petitioner-in-person
For the Respondents : Mr.P.Muthukumar,
State Government Pleader,
assisted by Ms.R.Anita,
Special Government Pleader
for 2nd respondent
Mr.Babu Muthu Meeran,
for the first respondent
Mr.A.Arun Babu,
for the third respondent
Page 2 of 8
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W.P.No.24166 of 2022
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) The petitioner-in-person, representing a welfare forum, seeks a direction on the respondents for consideration of the forum’s representation dated 30.06.2022 to clarify the details of the aggrieved occupiers, prior to evicting them for implementation of reconstruction project, with reference to 74th Amendment of the Constitution of India.
2. The petitioner-in-person submits that after the Constitutional amendment, the subject-matter requires to be addressed by the respondents, apart from others for projects like Urban Planning, including Town Planning, regularisation of land use and construction of building, planning for economic and social development etc. For carrying out these projects, the forum made a representation, finding that there are lot of irregularities in the enumeration, and that there is literally no slum clearance as per the objective of the Government. The forum came to know that nearly 72 allotments have been made to those in RA Puram while there are many awaiting in Kotturpuram. The forum is seeking complete details of reconstruction plan of ‘R’ and ‘H’ Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.24166 of 2022 Blocks before evacuating the occupants in full and also with reconsideration of alternate projection/evacuation plan. Based on some checks, the petitioner forum further submits that sale negotiations are taking place through local functionaries for sale of some of the temporary allotment issued to those vacating now, by the middlemen category. Therefore, request was made to authorise the petitioner forum to act as nodal organization to support the Government in complete enumeration, project planning and allotment under their supervision, avoiding all the middle layer persons so that the communication channel is transparent and functional between the Government and the people/beneficiaries.
3. The petitioner-in-person representing the forum has made a reference to the 74th Amendment of the Constitution of India but could not refer to any provisions, either in the Constitution or any other legal provision to seek authorisation to act as Nodal organization to help support the Government in complete enumeration, project planning and allotment under their supervision.
4. The prayer to authorise them has been made without referring to any legal provision and in absence of it, we cannot cause Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.24166 of 2022 interference in the working of the Government and to engage the petitioner forum for any purpose unless they have a right to seek such a direction. It cannot be that the forum created by the petitioner can pray for their engagement as an NGO, in reference to the prayer for their engagement in complete enumeration and project planning and allotment under their supervision, avoiding all middle layers.
5. The representation does not refer to what is the middle layer and in any case, we do not find any basis for the petitioner forum to claim right to engage them for providing support to the Government to complete enumeration, project planning and allotment under their supervision. It is otherwise the duty cast on the Government to discharge the project work.
6. If any irregularity or illegality is found, the petitioner forum would be at liberty to bring it to the public domain but they themselves cannot get imposition or substitution of the authority. The writ petition for that cannot be accepted. However, it is disposed of with liberty that if any illegality or irregularity in the carrying out of work by the respondents is found, the forum can take appropriate remedy against the office committing illegality or irregularity but cannot seek a Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.24166 of 2022 direction to get them engaged.
7. There will be no order as to costs. Consequently, WMP No.23146 of 2022 is closed.
(M.N.B., CJ.) (N.M., J.) 09.09.2022 Index : Yes/No tar Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.24166 of 2022 To:
1.The Chairman and Managing Director Tamil Nadu Urban Habitat Development Board Formerly Tamil Nadu Slum Clearance Board Chepauk Chennai-05.
2.The Secretary Ministry of Rural Industries Housing and Urban Development Department Slum Clearance Board Fort St. George Chennai-09.
3.The Commissioner Greater Chennai Corporation Rippon Buildings 16 EVR Periyar Salai Chennai-03.Page 7 of 8
https://www.mhc.tn.gov.in/judis W.P.No.24166 of 2022 M.N.Bhandari, CJ.
and N.Mala, J.
(tar) W.P.No.24166 of 2022 09.09.2022 Page 8 of 8 https://www.mhc.tn.gov.in/judis