The Madras High Court has dismissed a petition, which sought declaration of forceful eviction of 300 families with assistance of hundreds of police personnel by demolishing 300 tenements in Chennai as ex-facie illegal, contrary to the well established principles of law and ultra-vires of the fundamental right of livelihood as enshrined in the Constitution of India.
The petition alleged that the respondents demolished 300 tenements at Block No.71, 73 to 81 (300 units) in Chennai Corporation Division No.37 (Slum Clearance Board Division 3) Sathyamoorthy Nagar, T.T.Block, Vyasarpadi, Chennai 39, without following the process of law.
The petition contended that the respondents unauthorisedly razed 300 tenements and evicted 300 families without issuing notice and without providing alternate accommodation to them with basic amenities.
The respondents also did not explain to the petitioners, the nature of future construction, allotment procedure, period of completion, number of tenements to be constructed, allotment to other than the existing allottees and maintenance of common amenities either by the slum clearance Board or by other agencies, noted the plea.
It further said that the petitioners were not explained the process regarding
the allotment of funds by both Central and State Governments and the repayment cost by the allottees concerned and its mode of repayment. The consent of the 300 families was not taken. They were left in the lurch and deprived of their livelihood without following the due process of law.
The status report is filed by the Tamil Nadu Urban Habitat Development Board. It is stated that 296 beneficiaries were reluctant to vacate the dilapidated tenement and opposed the project to reconstruct the dilapidated tenements. The technical committee of the third respondent submitted a report to demolish and reconstruct the 300 tenements. Though notices were issued on 31.01.2018 and 03.07.2018, the residents did not vacate. To avoid untoward incident due to the dilapidated condition of the building, the existing 296 beneficiaries were evicted carefully with the help of police protection. The beneficiaries were given Rs.8,000/- ex-gratia per family. The building was demolished. Because of the Covid outbreak, the work was delayed.
However, the same was completed on 04.03.2022. These 296 beneficiaries who have been evicted for reconstruction of the dilapidated building were handed over the keys of the newly reconstructed tenements. As on 05.09.2023, out of 296 existing beneficiaries, 294 numbers have been allotted, occupied and residing there without any issues. The petitioner is not a beneficiary of the scheme.
In light of the above, the Division Bench of Chief Justice Sanjay V.Gangapurwala and Justice P.D. Audikesavalu do not find any merit in the petition.
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