The Hindu : New Delhi News : Order on transfer of land to trust stayed

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Wednesday, May 21, 2008
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Order on transfer of land to trust stayed

J. Venkatesan

State directed to hand over 103 grounds to Kandasamy Naidu Trust

NEW DELHI: The Supreme Court has stayed a Madras High Court judgment directing the State Government to hand over 103 grounds at Perambur in Chennai to the Kandasamy Naidu Trust, administered by the Administrator-General and Official Trustee (AGOT) of Tamil Nadu.

A Bench of Justice Ashok Bhan and Justice Dalveer Bhandari granted the stay last week on an appeal from the Government challenging the March 20 order. The Bench also issued notice to the AGOT.

In its appeal, the State said the Housing Board issued a notification for acquiring the land in 1985. The award of compensation was passed in 1989.

The AGOT challenged the award in 1999. While dismissing the petition, the High Court said the respondent could approach the Government for release of the land from the acquisition proceedings. A representation made by the AGOT was rejected. The AGOT again moved the High Court which on March 20 directed the government to re-convey the land to the trust.

In its appeal, the State said the land was needed for public purpose, and the Housing Board was already in possession of it.

The High Court was not justified in ordering re-conveyance of the land to the AGOT, when the original owner did not appear for the award proceedings, and the AGOT did not produce any document to prove ownership.

It said the court had erred in directing re-conveyance of the land which was very much need for public purpose for which it was acquired.

It sought quashing of the judgment and an interim stay of its operation.

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