Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 02.05.2016 for taking immediate action to provide individual decent housing with Patta to the slum dwellers people to their existing places, who are now residing in Thuraipakkam, Kannaki Nagar, Perumpakkam and Semmancherry, Ezhil Nagar.
Sanjay Kishan Kaul, C.J:— The petitioner seeks, in a general way, to raise the issue of the manner of rehabilitation of slum dwellers by taking them away from the existing places to far away places. The representation dated 02.05.2016 of the petitioner is also more in the nature of some kind of a general statement rather than dealing with any particulars as is the case of the petition.
2. We have had occasion earlier to examine this issue and to comment upon the consideration by the Government on a policy decision as to how best to rehabilitate the slum dwellers and whether in situ development is possible or not in W.P No. 1294 of 2009 (T.K Shanmugam v. State of Tamil Nadu), decided on 02.03.2016 The order runs as under:
“4. The aforesaid is a policy decision. We may, however, state that the schemes where persons are taken completely outside from original inhabitation often do not work out because the beneficiaries give away/sell their rights in such rehabilitation places to somehow come near the area where they were originally located. It is, this problem which has been debated and in many places now, the process of in situ development and rehabilitation is being thought of. This emanates from the fact that on account of their occupation which lasted number of years, the place of work, education etc. makes the people to come back to the area in question. Such in situ rehabilitation often works out better as a solution, of course, subject to availability of land. We do believe that this is an aspect which should be examined by the State Government.”
3. In view of the aforesaid position, nothing more can be added to it than what has already been observed by us before.
4. Writ petition stands closed. No costs. Consequently, W.M.P Nos. 27714 and 27715 of 2016 also stand closed.
5. We make it clear that if the petitioner wants to approach the Government with any specific suggestions or in the context of what we have observed aforesaid, he may do so.