Human Rights and Livelihood Protections Mandate Alternate Accommodation Before Evicting Long-Term Homeless Street Encroachers

The Petitioner filed a Writ of Mandamus seeking a direction to the Respondents to evict illegal encroachments at Angappa Naicken Street, Chennai

An inspection by the Assistant Commissioner of the Greater Chennai Corporation identified 38 hut dwellers who had occupied the street for over 40 years

While movable obstructions had already been removed, the Corporation sought to relocate the permanent hut dwellers to alternate accommodations provided by the Tamil Nadu Urban Habitat Development Board

1. Whether the official respondents are obligated to remove street encroachments that cause public obstruction while simultaneously fulfilling the State's constitutional duty to protect the livelihood of long-term homeless occupants

2. Whether the eviction of long-term street dwellers requires a prior enumeration and relocation process under Government welfare schemes

The Court relied on the constitutional mandate of the State to protect the livelihood of the homeless poor under the Constitution of India

The Court applied the principle that while street encroachments must be removed to ensure public access, such actions must be balanced against the right to shelter for eligible persons. The Court further referred to the procedures contemplated under the relevant Acts and Rules governing the removal of encroachments and the allocation of tenements through the Tamil Nadu Urban Habitat Development Board

The Court acknowledged that street encroachments cause obstructions for road users and must be removed in a "systematic manner"

The Court reasoned that the Corporation must coordinate with revenue and police authorities to distinguish between "eligible homeless poor" and "ineligible persons". For eligible families, the removal of huts is contingent upon the preparation of an enumeration list and the allotment of alternate tenements under Government schemes

Conversely, the Court reasoned that ineligible encroachers should be removed promptly following due legal procedure without the requirement of alternate accommodation

The Court disposed of the Writ Petition by directing the official respondents to identify eligible encroachers and provide them with alternate accommodations through the Tamil Nadu Urban Habitat Development Board. The exercise was directed to be completed as expeditiously as possible. No costs were awarded