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(d) In this context, it is deemed relevant to set out that the encroachments on either side of the said road were declared as Slum area by TNSCB vide a Government Order being G.O.Ms.No.995, dated 14.06.1991.
(e) The said school filed a writ petition in this Court being W.P.No.7769 of 2000 with a prayer to mandamus the District Collector to remove the encroachments on either side of the said road.
(f) In the above writ petition, the local Town Panchayat as well as the Executive Engineer of the Tamil Nadu Slum Clearance Board [hereinafter referred to as 'TNSCB' for brevity] were also arrayed as respondents. This Court by order dated 04.04.2003, directed the District Collector to remove the encroachments in accordance with law and also stipulated that such removal should be done within a period of five months from the date of receipt of a copy of that order. In this Order, the undisputed position that the said road is a Panchayat Road was recorded.
(g) The above said order of this Court was carried by way of an intra court appeal by the TNSCB. The encroachers numbering 122 had also filed an independent writ appeal. Writ Appeal filed by TNSCB is W.A.No.1625 of 2003 and writ appeal filed by the encroachers is W.A.No.1941 of 2003.
(h) In and by a common order dated 06.06.2009 in the above said two writ appeals a Division Bench of this Court, confirmed the above said order of the learned Single Judge directing removal of encroachments. The Division Bench while confirming the order of the learned Single Judge added that the District Collector shall give notice to the encroachers/occupiers and follow due process of law. Thereafter, much later, the District Collector conducted enquiry, pursuant to the above said orders of this Court and the same culminated in proceedings dated 16.06.2012 bearing reference in Na.Ka.No.25186/2000/A1 [hereinafter referred to as the 'impugned proceedings' for brevity].
(iv) Pleadings of TNSCB is also on the same lines. TNSCB would pitch itself on its declaration under Section 3(1) of the Tamil Nadu Slum Clearance (Improvement and Clearance) Act, 1971 vide the above said G.O.Ms.No.995, Housing and Urban Development Department wherein and whereby the said encroachments in the said road were declared as a Slum Area pursuant to which the above said sums of money were spent on development.
(v) With regard to Coimbatore Corporation, in the pleadings an attempt has now been made to distance themselves from the matter by saying that they had not taken any action for removal of the encroachments for more than seven years as there was no direction to them in this regard. Interestingly, the above said communication dated 15.04.2014 wherein the Coimbatore Corporation, in response to an RTI application [by one of the writ petitioner Resident Associations] had stated that they would remove the encroachment after providing alternate site to the encroachers has been completely side stepped though there is a specific mandamus prayer in this regard in the second writ petition.
(xi) Though TNSCB, has pitched itself on the declaration made under Section 3(1) of the Tamil Nadu Slum Clearance (Improvement and Clearance) Act, 1971 [hereinafter referred to as 'Slum Act' for brevity] it is clear from the records that the occupied/encroached land never vested in TNSCB. It is admitted that the District Collector has sent a proposal to the Commissioner, Land Administration to alienate the land in favour of TNSCB. The said Proposal from the District Collector is dated 31.03.1993 and the letter bears reference No.24522/93/D4. There is nothing before us to show that the land in which the said road is situate was either alienated in favour of TNSCB or vested in TNSCB. It is not the case of the respondents that the land ever vested in TNSCB.