Considering the government submission that due to passage of time and vagaries of weather, the superstructures have been heavily damaged and hence new structures to accommodate 500 new tenements have been proposed, a division bench comprising Justice M Sathyanarayanan and Justice R Hemalatha said: “A perusal and consideration of the counter affidavits filed by the government would disclose that a fair decision has been taken to demolish the existing superstructure, which has become old, dilapidated and dangerous.”
The bench noted that temporary allotment orders have also been issued after enumeration and that a sum of Rs 8,000 was given to each of the families as ex gratia.
“Therefore, an assurance has been given on behalf of the respondents that the tenants who arae vacating the premises would be given alternative accommodation after the completion and inauguration of the new superstructures,” the bench said while disposing the plea moved by Pennurimai Iyakkam.
The organisation had contended in the PIL that in the pretext of the tenements becoming very old and dilapidated, the occupants have been asked to vacate and deliver the vacant possession. But in the light of the pandemic and that the academic year also ends only by March 2021, it sought some breathing time to vacate also noted that the occupants of the tenements were eking out their livelihood by doing menial jobs.
TNSCB had submitted that following enumeration, temporary allotment orders have been issued for 328 tenements. That apart, the 103 persons who were deemed encroachers were also given accommodation. As far as the allotted tenements are concerned, only 30 families had voluntarily vacated the house and got Rs 8,000 as ex gratia as well as temporary allotment orders.
In the light of the onset of monsoon, the situation has become very critical that, in the event of heavy rain and inundation, the tenements that are already old and dilapidated, were likely to collapse, which may cause grievous injuries and loss of life. Citing these, the Board sought for the dismissal of the writ petition.