(Delivered by S.J.MUKHOPADHAYA,J.) In both the writ appeals, as the common question of law is involved and similar orders were challenged, they were heard together and disposed of by this common judgment.
2. The petitioner is an association of footwear artisans (hereinafter referred to as the "Association"). In the year 2000, some of the members, viz. footwear artisans (for brevity "Cobblers") alleged that the Corporation of Chennai (earlier known as Corporation of Madras) were interfering with their peaceful possession in respect of the bunks allotted to them at different places. The Association took up the matter and preferred a writ petition in W.P.No.9992 of 1995 and prayed for direction on the Chennai Corporation not to disturb its members. The learned single Judge, by the impugned order dated 16.6.2000, having noticed the submission that the Chennai Corporation is interfering with the peaceful possession of the members of the Association without giving any notice, without discussing the basic facts, directed the Chennai Corporation to issue notice to the members of the Association calling upon them to vacate the land and in case they do not vacate, then to proceed to evict them forcibly to recover the possession.
3. Following the said order, the other writ petition in W.P.No.1458 of 2000, preferred by the Association was also disposed of with similar direction, by order dated 22.6.2000. These two appeals have been preferred against the aforesaid separate orders.
4. The grievance of the Association is that the Court, without discussing the relevant facts, directed to proceed with the recovery of possession, after giving notice to the members, which is against law.
5. It was brought to the notice of the Court that the State Government wanted Cobblers rehabilitation and at the instance of the State Government, the Khadi Board allotted certain bunks to them. As they have been forcibly evicted and their bunks have been removed, the matter was discussed with the Commissioner, Chennai Corporation on 8.7.2009 and the Court allowed sometime to finalise the matter relating to the rehabilitation of cobblers, taking into consideration the utilisation of the funds allocated by the State.
6. Today, an affidavit has been filed by the Commissioner, Corporation of Chennai, stating the inability to rehabilitate the Cobblers. It was stated therein that the Corporation Council, by resolution Nos.96/92 and 560/96 decided not to permit or to give any license or lease to the platform bunk shops or other petty shops. It was further stated that a Division Bench of this Court, vide order dated 7.3.2001 in T.Veerasamy v. Government of Tamil Nadu and another [W.P.No.2354 of 1989 and analogous cases], directed the Chennai Corporation to remove the bunk shops at road margin, platform, street corners and other public places.
7. The learned counsel appearing for the State has not disputed the fact that the State Government earlier allocated special funds in favour of the Khadi Board for construction of bunks and its allocation in favour of the Cobblers.
8. We have heard the learned counsel for the parties and perused the records.
9. The Adi Dravida and Tribal Welfare Department issued G.O.Ms.No.1725 dated 2.9.1989, pursuant to Scheme under Special Central Assistance under special Component Plan for Scheduled Castes. It was decided to allocate fund in respect of Khadi and Village Industries Board for making provisions of bunks to Cobblers and to allocate such bunks to them. The relevant portion of the order dated 2.9.1989 reads as under:
ORDER:
The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board has submitted proposal to Government for provision of 1500 bunks at free of cost (100% subsidy) to the footwear artisan who are below the poverty line, at a total cost of Rs.135 lakhs from the Special Central Assistance for the year 1989-90. The total cost of each bunk with machine is given below:
(i) Cost of each bunk Rs.7,000/-
3. The above proposal of the Chief Executive Officer, Khadi and Village Industries Board was circulated to the Empowered Committee under the Chairmanship of Minister (Adi Dravidar and Tribal Welfare) for approval. The Committee has approved the proposal.
4. As per the decision of the Empowered Committee, the Government sanction the payment of a sum of Rs.135 lakhs (Rupees one hundred and thirty five lakhs only) as 100% subsidy from Special Central Assistance which will be released by M.D., THADCO to the C.E.O., T.H.K.V.I.B., Madras for distribution of 1500 bunks to the footwear artisans at free of cost during 1989-90.
5. It has been brought to the notice of the Government that the bunks supplied to the foot wear artisans are subjected to evictions since they are installed without permission from the local body authorities concerned. The Director of Municipal Administration, Director of Town Panchayats, Commissioner of Corporations and Commissioner of Rural Development are directed to issue suitable instructions to their subordinate officers to allot suitable sites to the beneficiaries on collection of nominal rent as in the case of Milk booths, Transport Department-bunks etc. where the beneficiaries can have good business. The District Development Officers (Tamil Nadu Adi-Dravidar Housing and Development Corporation) are directed to contact the local body authorities concerned and get the permission for allotment of sites from them before the bunks are allotted to the beneficiaries.
6. The Government request the Director of Adi Dravidar and Tribal Welfare, to obtain the list of beneficiaries from the various District Welfare Officers immediately and communicate the consolidated list to the Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board. There should be no delay what so ever in finalising the list of beneficiaries and communicating the consolidated list to the Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board. The Government also request the Chief Executive Officer, Tamil Nadu Khadi & Village Industries Board to instruct the Officers of the Khadi and Village Industries Board to check during their periodical inspections that the beneficiaries retain the assets given to them and that they are benefited thereby.
7. The technical and professional responsibilities for implementing, overseeing and monitoring the progress of the scheme and for completion of the implementation of the scheme shall vest with the Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Madras. He should send a monthly progress report on the implementation of the scheme to the Government by 10th of every month starting from October 89 with a copy to the Managing Director, Tamil Nadu Adi Dravidar Housing and Development Corporation, Madras-10. The Managing Director, Tamil Nadu Adi Dravidar Housing and Development Corporation is requested to report every quarter of the functioning of these bunks to the Government. Any difficulty in implementing the scheme within the time schedule should be brought to the notice of the Government immediately. He should also send to the Tamil Nadu Adi Dravidar Housing and Development Corporation, the utilisation certificate for the amount drawn by him for this scheme, in due course. The Managing Director, Tamil Nadu Adi Dravidar Housing and Development Corporation shall inspect and ensure efficient functioning of the footwear artisan bunks.
8. Only Hindu Adi Dravidars should be covered under the scheme now sanctioned.
9. The Collectors are requested to review the progress of this scheme in their Plan review meetings and also inspect the bunks during their tours.
(By order of the Governor) R.A.SEETHARAM DAS SPECIAL COMMISSIONER AND SECRETARY TO GOVERNMENT."
10. In spite of the aforesaid order, the bunks having not allocated in favour of the Scheduled Caste Cobblers (footwear artisans), a number of persons moved before this Court in W.P.No.5738 of 1993. This Court, vide order dated 15.12.1993, having noticed the aforesaid Central Scheme of the Government and the decision of the State Government vide G.O.Ms.No.1725 dated 2.9.1989, directed the Corporation to consider the claim of those persons on the face of the documents submitted by them to prove their claim and to pass appropriate orders granting licence to each of them within three months from the date of receipt of a copy of the said order. Pursuant to the direction of the Court, a number of persons were granted licence by the Corporation, apart from those who had already got such licence since 1990, and they were provided with bunks by the Khadi Board at different places within the city of Chennai.
11. We have already noticed that the Corporation of Chennai thereafter wanted to disturb number of Cobblers by removing them from the respective bunks. That was the reason the Association moved this Court. The learned single Judge, though noticed that no opportunity was given to the Cobblers by way of a notice for eviction, by impugned order dated 16.6.2000, directed the Corporation to remove the members of the Association, after giving notice to them. It was not discussed whether the Cobblers have been granted licence by the Corporation; bunks by Khadi Board; and their rehabilitation was in terms with the Central Scheme, pursuant to the Government Order dated 2.9.1989 and thereby, whether, in such situation, eviction of genuine allottees were called for or not.
12. The learned counsel for the Corporation has relied upon the decision dated 7.3.2001 passed by a Division Bench of this Court in T.Veerasamy case (supra). But it is not clear as to how the eviction was made in the year 2000, i.e. much prior to the order dated 7.3.2001.
13. The case of T.Veerasamy (supra) relates to the eviction of unauthorised bunk shops. There is no direction given by this Court to evict those who have been allotted bunks on the basis of a Central Scheme and decision of the State Government and put up by the Khadi Board. Therefore, we are of the view that the respondents cannot derive advantage of the order dated 7.3.2001 passed by a Division Bench in T.Veerasamy case (supra) for evicting such Cobblers.
14. As the Scheme for rehabilitation of Cobblers (Footwear artisans) particularly, those who belong to Scheduled Castes, is a Central Scheme, the fund was allocated to the State and pursuant to the Government Order dated 2.9.1989, the Khadi Board has constructed the bunk and allocated to different members of Association and Corporation had originally given them licence. In such case, it was neither open to the respondents to evict the Cobblers from the bunk or remove the bunk or refuse to renew their licence.
15. We, accordingly, set aside the orders dated 16.6.2000 made in W.P.No.9992 of 1995 and 22.6.2000 made in W.P.No.1458 of 2000 passed by the learned single Judge and remit the case to the Commissioner, Chennai to verify the list of Cobblers who were allocated bunks by Khadi Board at different places. If the list is not available with the Corporation, it may get the list from the Khadi Board and verify the licence of those persons. If it is also not available with the Khadi Board, it may get the list of Cobblers from the Association, but in that case, the Association or its members will have to produce the copy of the relevant licence of the Corporation of those Cobblers or any evidence in proof of payment of licence fee, which may be either photo copy or typed copy of licence. As the Cobblers, whether they are members of the Association or not, were allocated bunks by the Khadi Board and were running their business at appropriate places within the City of Chennai, the Corporation will rehabilitate them immediately and if so required under law, will grant fresh licence in their favour. If the Corporation has removed the bunks or destroyed them, they will construct fresh bunk and place them in their original position. But, they may make some variation in the location so as to ensure that no traffic hindrance is made in the foot path. This order shall be complied with within a period of two months from the date of receipt of a copy of this order, failing which, it will be open to the Association to bring the matter to the notice of the Court.
16. Let a copy of this order be handed over to the learned counsel for the Chennai Corporation.
The writ appeals are allowed. A cost of Rs.20,000/- is imposed to be paid by the respondent Corporation in favour of the Tamil Nadu State Legal Services Authority, Chennai. CMP Nos.9297 of 2000 and 13214 of 2001 are closed.
kpl To
1. The Secretary Adhi Dravida Welfare Department Fort St. George, Madras-9.
2. The Asst. Director Tamil Nadu Khadi & Village Industries Board Carpentry and Blacksmith Unit, Guindy, Madras-35.
3. The Commissioner, Corporation of Madras, Chennai 3