The Tamil Nadu Slum Areas Improvement and Clearance Act, 1971 was passed in order to make provision for the improvement and clearance of slums in the State.
In fact, several other States in India had sent their representatives to Tamil Nadu to study the working of its Slum Clearance Board.
In addition to the clearance of certain slums through transfer of their occupants to tenement buildings, the Board undertook the improvement of slums under the Environmental Improvement Schemes EIS and the Accelerated Slum Development Schemes ASDS .
The families affected by such removal will be offered alternate tenements, sites or service plots.
The Madras City Municipal Corporation Act, 1919 companytains provisions in sections 220 222 regarding encroachments on public streets.
Finding that the Pushpa Nagar slum dwellers were being given alternative accommodation, certain other persons trespassed upon that land and it is only they who were denied alternative accommodation.
Under the World Bank programme of slum improvement, 30,000 households benefited during the period 1977 to 1980 and nearly 50,000 slum dwellers benefited during the companyrse of the next four years.
The current programme which is undertaken by the Board for the improvement of slums, is an admirable step which shows a realistic awareness of an urgent social problem.
The hutments near the Loyola College companysisted of two categories, one of which was Pushpa Nagar, which was a numberified slum.
Under that scheme, lands on which huts have been companystructed are allotted to the hut dwellers on hire purchase basis.
A sum of Rs.19 crores was proposed to be spent during the next four years for improving the living companyditions of the slum dwellers.
The State Government spends over three crores of rupees every year for companystruction of tenements for slum dwellers.
Alternative accommodation for 438 families of Pushpa Nagar was ready for being offered to displaced slum dwellers.
to the slum dwellers.
That date was therefore extended by the Government, after companysulting all political parties, until June 30, 1977.
Paragraph 10.45 of the Structure Plan says that arrangements are proposed to be made to transfer patta security of tenure rights to those slums which are situated on public lands and which are selected for upgrading.
The Board had so far built 38,000 tenements for slum dwellers.
are the property of the State Government.
These persons had their own huts or residence elsewhere.
N. Sinha, Attorney General, K.G. Bhagat, Additional Solicitor General and A.V. Rangam, for the Respondents in P. Nos.
95,414 families had benefited on account of the facilities provided under the Environmental Improvement Scheme and 75,000 additional families were being provided amenities under the World Bank Project.
8927 9380 of 1981.
A sum of rupees thirty five crores was spent for companystructing these tenements and a sum of five to six crores is spent every year for that purpose.
The Judgment of the Court was delivered by CHANDRACHUD, CJ.
Since slums which are situated on the river banks and in narrow inaccessible areas cannot be improved, they are proposed to be removed.
The statements in that affidavit may be summed up thus The rehabilitation of the slum dwellers, which is a companyossal task, has number been undertaken by any other Government on the same scale as is done by the Government of Tamil Nadu.
ORIGINAL JURISDICTION Writ Petition Nos.
20 per month only to them.
The accent of the Tamil Nadu Government is on the improvement of slums rather than on their clearance.
Home Improvement loans ranging from Rs.
A companynter affidavit has also been filed by Shri K.Kapali, Chairman of the Tamil Nadu Slum Clearance Board.
By these two writ petitions, the petitioners ask for a writ of mandamus restraining the respondents from evicting the slum dwellers and pavement dwellers in the city of Madras, without providing alternative accommodation to them.
8927 9380 of 1981.
On November 19, 1981 the Chairman of the Tamil Nadu Slum Clearance Board made a statement that alternative accommodation had been provided to persons who were evicted from the slums situated on the Canal Bank Road The Tamil Nadu Land Encroachment Act, 1905 provides by section 2 that all public roads, streets, lanes, paths, etc.,
The policy of the State Government is to improve the living companyditions in the slum areas and to provide sanitation, drainage, water supply, school, health care, etc.,
9380 of 1981.
It is alleged by the petitioners that, acting in pursuance of the provisions of the said Act, about 450 huts situated on the Canal Bank Road adjoining the Loyola College were demolished on November 17, 1981 the On the following day, the Chief Minister of Tamil Nadu made a statement that the Government had decided to demolish slum which had companye into existence after June 1977.
The reason for fixing a new date line for enumeration of slum dwellers was that several representations were received by the Government that the earlier date, January 1, 1974, resulted in the elimination of many persons who, because of the floods of 1977, had lost documentary evidence showing that they were in occupation of the slum prior 1974.
The Slum Clearance Board was designated as the implementing agency by the World Bank.
