Writ Petitions were filed by Miss V. Shanti and Mr G. Ravichandran, challenging a common order of the Madras High Court dated 05 November 20. The impugned order was related to the allotment of an alternate accommodation extended to them under their eviction orders that were dismissed. The Petitioners claimed that change of proposal of the government to construct a commercial complex instead of residential units warranted the dismissal of eviction order against them. The matter was heard and decided upon by the bench of Justice Dr Vineet Kothari and Justice M.S, Ramesh.
Facts of the Case
Two Writ Petitions challenging the same Government Order (G.O.) were heard together. The Petitioners were Miss. V. Shanthi and Mr G. Ravichandran. Both were the residents of Peters Road Colony.
A G.O. in 2013 directed to demolish the Tamil Nadu Government Servant Rental Housing Scheme (TNGRHS) at Peters Road Colony along with 16 other similar projects in Chennai for the reconstruction of new residential units. An eviction notice was issued to all occupants and they were asked to vacate their respective premises before May 2020. However, owing to the onset of the lockdown, a new order was issued and now the eviction period was extended up to mid-October, 2020.
In the meantime, the Government of Tamil Nadu had issued G.O.s providing alternate accommodation at MKB Nagar Housing Units to the allottees at Peters Road Colony. Both the Appellants herein had challenged this order. However, their respective petitions were dismissed and they were granted time till 15 November 2020 to vacate their premises. The present petition challenged this same order.
Arguments Before the Court
The Counsels for the Petitioners submitted that the original purpose of the proposed demolition was not for re-construction of multi-storied office cum commercial complex but, for the reconstruction of residential buildings. The Counsels argued that as the change of the proposal was not backed with appropriate Government Orders for the conversion of the proposal from residential to commercial complex, the eviction notice itself, could not be sustained.
The Counsels for the Petitioners further submitted that the subsequent administrative ratification for the conversion of the residential units into a commercial complex through a G.O. dated 20 November 2020, was issued only after the eviction notices were issued. Such a sanction for conversion was unavailable when the original eviction notices were issued, and so, the consequential eviction itself was flawed. They further maintained that the mandated soil test at the proposed construction site has not been conducted to date.
The Counsel for the Respondents submitted that the residential units at Peters Road Colony and 17 similar Tamil Nadu Government Servant Rental Housing Schemes at Chennai were in a dilapidated condition. Thus, the Government decided to demolish the old buildings and redevelop the scheme. The Tamil Nadu Housing Board, through its letter dated 21 January 2020 had addressed the State Government, seeking for the necessary amendment to the original order that proposed construction of the residential units. The Counsel argued that owing to the lockdown, the required amendment could not be made. However, it was sanctioned by the G.O. dated 20 November 2020.
The Counsel for the Respondents further submitted that the Appellants were allottees under ‘public quota’ who have no vested right to challenge the eviction. The counsel placed reliance on T.Sornapandian & Two Ors V. The Principal Secretary to Government, Housing and Urban Development Department, Secretariat, Fort St. George, Chennai and Two Ors.
Court’s Observations
The Court observed that the original proposal for demolition of the residential units at Peter Road Colony was for the reconstruction of residential units. In place of the policy, the decision of the State Government proposing to develop multi-storied office cum commercial complex in Peters Road Colony, Chennai, the Tamil Nadu Housing Board, through its letter dated 21 January 2020 had addressed the State Government seeking for an amendment to the concerned G.O.
In continuation of the request of the Tamil Nadu Housing Board dated 21.01.2020, the State Government granted administrative sanction for construction of multi-storied office cum commercial complex at the existing Peters Road Colony, Chennai.
The Court noted that the entire decision to construct multi-storied office cum residential commercial complex after the demolition of the existing residential units was ratified by the Government. Therefore, the very basis of the Appellants’ claim stands negatived.
The Court further observed the Appellants had no right to challenge the decision of Housing Board and State Government. The authorities could undertake the construction of the commercial complex in the larger public interest. The Court found no merit in the claims of the Appellants as also the soil test of the site in question had been conducted, albeit, a little late as there were agitations and protest by the occupants.
The Court also made a note that the allottees under Public Quota have no vested rights to either seek allotment at first instance or claim for alternate accommodation or re-accommodation.
Court’s Order
The Court held the same stance as under the impugned order. It did not find any illegality or inconsistency concerning law. Thus, both the Writ Petitions were dismissed.
Read the original judgment here.
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