Chennai: Making it clear that people who are residing in the slum on Konnur high road, Otteri, have to be evicted immediately, the Madras high court has said the authorities, who are entrusted with the responsibility of removal of encroachments, cannot evade their primary responsibility on flimsy grounds.
Disposing of a petition from Vijaya and 59 others, Justice S.Vaidyanathan directed the authorities to hand over the token/key to petitioners, who are eligible for alternative sites, within 5 days. On receipt of the same, they shall vacate the premises in question. Other petitioners, who are not eligible for alternative sites are directed to vacate on their own within 1 month, the judge added.
The judge said that petitioners who refuse to receive the allotment order will not be shown any indulgence and they can be removed within 5 days. If any rejection order was passed by the authorities to any of the petitioners, they can challenge the same.
However, this will not give them any right to continue to live in the place. Even if they challenge and succeed, they will be entitled to any alternative site and they cannot be allowed to continue to live in the present place, which was the subject matter of the petition, the judge added.
The judge said whenever the Tamil Nadu Slum Clearance Board allots tenements to anyone, details of persons who were residing in the slum i.e., their photographs along with their allotment order shall be displayed in the residence.
The officials can be authorised to conduct surprise inspections and take photograph/videograph of the persons who were residing in the tenements. The petitioners, who were allotted alternative accommodation, shall not rent out such premises to third parties. Only allottees and their family were entitled to reside there. In case, if the allottees were found renting or leasing out the tenements to third persons, they shall be immediately evicted and the Slum Clearance Board shall allot such tenements to other allottees, the judge added.
The judge said every year in the month of May, the allottees shall inform the Housing Board/Slum Clearance Board about the details of the residents and the relationship with the allottees, failing which, action can be initiated to evict the allottees residing in the tenements.
It was open to the authorities to verify the relationship of the residents with the allottees. If the state given by the allottee was found to be false, the allotment shall stand automatically cancelled, the judge added.
The judge passed similar orders on the petitions filed by Nancy and A. Rajkumar, which sought a direction to the Chennai corporation not to evict them from the slum area at Theedir Nagar and Mackeys Garden respectively in Thousand Lights.
In addition, the judge directed the Board to take necessary steps to accommodate the petitioners’ children in appropriate schools, be it a private school or corporation school, preferably in and around Ambattur or Thirumazhisai within 3 days.
