Wednesday, Dec 08, 2004
Wednesday, Dec 08, 2004 |
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By Our Staff Reporter
KOCHI, DEC. 7. The India Tourism Development Corporation (ITDC), which sold its Ashoka Beach Resorts at Kovalam to M. Far Hotels Limited, said that it had enjoyed `exclusive and peaceful possession' of the property, including the Halcyon Castle with valid title between 1970 and 2002. In an affidavit filed before the Kerala High Court today, the company secretary of the corporation said that all the properties, which consisted of 64.5 acres of land and its buildings, had been acquired by the State Government for the ITDC. The Halcyon Castle and its surrounding property was an integral part of the property acquired by the Government.
Response
The affidavit was filed in response to a writ petition filed by M.Far Hotel Limited challenging the takeover of the castle and other buildings. The company secretary said that at the time when the Union Government purchased the property from the State Government, no registration of documents was compulsory. Hence, no particular documents like the title deed had been prepared between the State Government and the Central Government. The affidavit said that the corporation acquired clear and marketable right over the property. It said that documents would testify that the corporation had valid title over the property.
ITDC plans
According to the affidavit, the ITDC had proposed various plans to develop Kovalam on a par with major international tourist destinations. The State Government had responded positively to the proposal of the corporation and acquired the Halcyon Castle and adjoining land after paying a compensation of Rs. 5, 26,4312 to the titleholder in 1964. The ITDC had been operating a hotel in the acquired palace since then. The land had later been transferred to ITDC for Rs. 9.50 lakhs. The affidavit denied the allegation of the State Government that the ITDC was only in the permissive possession of the palace and the allied land. Had it been in the permissive possession, there would have been some rental arrangements. The State Government had no case in this regard.
Transfer
The affidavit said that the transfer of property had been made for adequate consideration. The condition for transfer of property was that the State would acquire or make available further land for the ITDC for implementing the Integrated Kovalam Development Project. The State Government had surrendered all rights in the place and its adjacent property to ITDC for a mutually agreed adequate consideration. It was handed over to ITDC in 1970. The affidavit said that all assets had been transferred to M.Far Hotels on July 11, 2002. The transfer was done in accordance with law and it was not appropriate for the State Government to object to the valid transfer of property to the M.Far Group. The State Government should have acted in accordance with the relevant law, instead of trespassing into the transferred property. The action of the Government was a breach of trust and in violation of its agreement with the ITDC, it said.
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