The state government will not have to return a prime 1.6-acre property opposite Raj Bhavan in Guindy valued at nearly `150 crore to its original owner more than half a century after it was acquired, thanks to a file noting signed by then chief minister K Kamaraj.
After being asked by the Madras high court in 2013 to hand over the land on Sardar Patel Road to the legal heirs of its original owner, the government filed a review petition in the court showing a file bearing Kamaraj's signature and clearly specifying the purpose of acquisition. The document of 1963 vintage, pulled out from the archives, helped convince a division bench of Justice V Ramasubramanian and Justice K Ravichandrabaabu to recall an earlier order to return the property . They also pointed out that the petitioners had packaged the case in an innocuous manner and described it as a property in Venkatapuram village, without revealing that it was located opposite Raj Bhavan and worth about `150 crore.
The property was acquired in August 1960 and a compensation of `33,941 was paid to the owner, Manali Ramakrishna Mudaliar, in March 1961. Almost 45 years later, his legal heirs submitted a representation to the government seeking return of the land saying it was not put to use for the purpose for which it was acquired.
They then moved the court, and in January 2007, the it passed an innocuous order directing the government to consider the representation. The government rejected the request in March 2007.
The legal heirs of Mudaliar filed another petition.Justice K N Basha on August 27, 2012 asked the government to return the land, on repayment of the compensation amount of `33,947, on the ground that there was no clarity on the purpose of acquisition. A division bench upheld the order in January 2013, and the Supreme Court too the government's appeal in the case. The government then filed a fresh review petition, citing fresh materials. Referring to the note file, which says that the land was acquired for laying road, the judge said: “This note file bears the signature of all the officials right from the level of the deputy secretary up to the level of K Kamaraj, the then chief minister, who had approved it on April 13, 1963.“
The bench said the land measures about 1.62 acres (or about 70,632sqft) and the market value is `14,000 per sqft.“Therefore, even by a modest estimate, the land is worth more than `100 crore,“ it said.“Unfortunately , the respondents projected their case as though some land in some village known as Venkatapuram was acquired by the government more than four decades ago and they did not put it to use, thereby enabling them to make a claim for re-conveyance.“
Land acquired for laying road in 1960, proves govt note
Chennai:
The state government will not have to return a prime 1.6-acre property opposite Raj Bhavan in Guindy valued at nearly `150 crore to its original owner more than half a century after it was acquired, thanks to a file noting signed by then chief minister K Kamaraj.
After being asked by the Madras high court in 2013 to hand over the land on Sardar Patel Road to the legal heirs of its original owner, the government filed a review petition in the court showing a file bearing Kamaraj's signature and clearly specifying the purpose of acquisition. The document of 1963 vintage, pulled out from the archives, helped convince a division bench of Justice V Ramasubramanian and Justice K Ravichandrabaabu to recall an earlier order to return the property . They also pointed out that the petitioners had packaged the case in an innocuous manner and described it as a property in Venkatapuram village, without revealing that it was located opposite Raj Bhavan and worth about `150 crore.
The property was acquired in August 1960 and a compensation of `33,941 was paid to the owner, Manali Ramakrishna Mudaliar, in March 1961. Almost 45 years later, his legal heirs submitted a representation to the government seeking return of the land saying it was not put to use for the purpose for which it was acquired.
They then moved the court, and in January 2007, the it passed an innocuous order directing the government to consider the representation. The government rejected the request in March 2007.
The legal heirs of Mudaliar filed another petition.Justice K N Basha on August 27, 2012 asked the government to return the land, on repayment of the compensation amount of `33,947, on the ground that there was no clarity on the purpose of acquisition. A division bench upheld the order in January 2013, and the Supreme Court too the government's appeal in the case. The government then filed a fresh review petition, citing fresh materials. Referring to the note file, which says that the land was acquired for laying road, the judge said: “This note file bears the signature of all the officials right from the level of the deputy secretary up to the level of K Kamaraj, the then chief minister, who had approved it on April 13, 1963.“
The bench said the land measures about 1.62 acres (or about 70,632sqft) and the market value is `14,000 per sqft.“Therefore, even by a modest estimate, the land is worth more than `100 crore,“ it said.“Unfortunately , the respondents projected their case as though some land in some village known as Venkatapuram was acquired by the government more than four decades ago and they did not put it to use, thereby enabling them to make a claim for re-conveyance.“
