Online edition of India's National Newspaper
Saturday, Oct 06, 2007
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Online edition of India's National Newspaper Saturday, Oct 06, 2007 ePaper |
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Tamil Nadu
CHENNAI: Flaying the “unlawful tactics” adopted by a builder to grab a piece of Tamil Nadu Housing Board land, the Madras High Court has said that neither him nor the over 50 persons who had purchased the flats had any right over the property. The Bench, passing orders on a batch of petitions, also said it would be “misplaced sympathy” to permit the builder to pay Rs.3 crore to the Board, and direct it to issue titles to the “innocent purchasers.” Such an order would send a wrong signal to land grabbers to indulge in more such activities, the Judges said, adding, “Our endeavour is to ensure that no one indulging in such a fraudulent attempt of land grabbing activity can get away with it by seeking the sympathy of the court on the ground of equitable principles.” Restoring the land to the TNHB, the Bench said the matter should be investigated by the CB-CID if any prima facie case was made out. The apartment complex, comprising 54 flats, is on a 90-cent plot in Ashok Nagar. The Bench, comprising Justice F.M. Ibrahim Kalifulla and Justice R. Banumathi, pointed out that the land was earmarked for a peripheral hospital. The plot was part of large acquired for a TNHB project. While some of the petitioners challenged the cancellation of patta issued in favour of an individual, public interest litigation petitions were filed to restore the patta in the name of the TNHB and construct/maintain a hospital on the site. The Judges said the land had been “illegally occupied by certain persons with deliberate intention to grab the land knowing fully well that the property belonged to the State.” The Bench then directed the authorities to take possession of the land along with the superstructure forthwith. The developer shall refund the money collected from the purchasers with six per cent annual interest, it said, and imposed an exemplary cost of Rs. 50,000 on the developer.
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