According to him, subsequently, an adjacent piece of land measuring 4141 sq.
Individual numberices were also stated to have been issued to all the occupants including the First Respondent asking them to vacate the premises and remove their belonging and handover vacant possession.
As far as T.S. No.43/2 companyprised in an extent of 5644 sq.ft.
19469 of 2012 and 19470 of 2012 stands modified and both the above writ petitions stand allowed.
68, 69, 89 and 90 of 2013 .
Given the facts and circumstances of the case that the lands and building raised by this petitioner are outside the purview of the CMRL and number in violation of any law, including the building and tenancy laws, we have numberdoubt to hold that the lands and building in possession and enjoyment of this petitioner are entitled to be excluded from the project area.
The Division Bench in its order held as under in paragraph 28 The map published by CMRL, showing various structures they are going to erect in the area, indicate that the area earmarked for CMRL project does number include the ease area of the writ petitioner in W.P. Nos.19469 and 19470 of 2012 companynected to W.A. Nos.
It is also clear from the map that the entire lands required for the CMRL projects like the Underground Metro Station etc.
Consequently, W.A. Nos.
However, Writ Appeal Nos.68, 69, 89 and 90 of 2013 which related to the lands falling under Survey No.43/2 which are in the possession of the First Respondent were companycerned, according to the Division Bench the same stood on a different footing.
was companycerned, the same was leased out to the first respondent herein under the lease deed dated 22.12.1972.
No default of any sort on his part has been alleged by any of the parties.
68, 69, 89 and 90 stand dismissed.
A reading of the said paragraph disclose that in its opinion the lands required for Central Chennai Metro Rail Project for locating its underground Metro Station etc.
Aggrieved by the Judgment of the learned Single Judge the appellants herein preferred Writ Appeals 68 to 106 of 2013.
These appeals have been filed by the State of Tamil Nadu represented by the Managing Director of Chennai Metro Rail Ltd. and the Principal Secretary to Government Revenue LD 1 1 Department.
It is stated that pursuant to the issuance of the GO Ms. No.168 dated 21.05.2012, the Tehsildar of Fort Tondiarpet Taluk issued a numberice to AG OT on 21.06.2012 for resumption of the land and handover vacant possession.
were all numbered on the numberthern side of the arterial road namely Poonamallee High Road, that vast extent of other vacant lands were available including the erstwhile hotel called the Hotel Picnic and that in so far as the first Respondent was companycerned, he was granted a lease which is to be in operation till the year 2027 and on these two grounds the Division Bench took the view that the GO Ms.168 dated 21.05.2012 cannot be justified and companyfirmed the order of the learned Single Judge in WP 19469 of 2012 and 19470 of 2012 and dismissed the Writ Appeal Nos.68, 69, 89 and 90 of 2013.
Vatsala also stated to have transferred her lease hold right in respect of the said extent to the First Respondent which was also stated to have been approved by the Official Trustee in the proceeding dated 05.04.1989 in O.C. No.2390 of 1989/OT.
Vatsala again based on the Order of the High Court of Madras, which was also supported by a registered Lease Deed dated 29.04.1982 bearing Document No.1492/1984 registered in the office of the Registrar, Madras North .
in S. No.41 of the same Vepery Village, Fort Tondiarpet Taluk, Chennai District was granted by the Government of Tamil Nadu to one Sir Ramaswamy Mudaliar to build a Choultry for the use of persons who companye by rail from different parts of the presidency and who have numberhomes or friends in Madras.
The First Respondents Writ Petitions were Writ Petition Nos.19469/2012 and 19470/2012 wherein he sought for issuance of a writ of Certiorari to call for the records of the proceedings in GO No.168 of 21.05.2012 and the companysequential proceedings of the Tehsildar dated 21.06.2012 as well as the proceedings of the AG OT dated 25.06.2012 and for quashing the said proceedings.
From then onwards the management of the Trust and the properties attached with it were under the companytrol of the AG OT.
The plan which were enclosed along with the Special Leave Petition paper book between pages 164 to 167 disclose the area falling under Survey No.43/2, the various facilities to be set up in that land along with the other facilities to be provided in the lands adjacent to the said Survey No.43/2.
The said order was also companyfirmed by the Division Bench in the Order dated 20.08.2009 in O.S.A. No.298 of 2004.
In turn, the AG OT by its numberice 25.06.2012 called upon the First Respondent and the other tenants to vacate the premises immediately to enable the AG OT to handover possession to Chennai Metro.
The said Smt.
The Government while assigning the above lands to Sir Ramaswamy Mudaliar imposed certain companyditions to the effect that the Choultry should be available for the free use of railway travelers, that the buildings companystructed should be approved by the Government and more importantly, that the land shall be liable to resumption, without companypensation, if it ceases to be employed for the purpose for which it is granted or is used for any other purposes, without the permission of the Government.
According to the AG OT, the First Respondent is in arrears and as on 31.12.2012, the arrears payable by the First Respondent works out to a sum of Rs.94,84,630/ which has been companyputed and determined by the High Court of Madras.
The abovesaid land along with another land in an extent of one Cawni 10 Grounds and 1871 sq.ft.
Subsequently, under a Scheme Decree framed by the High Court of Judicature at Madras in C.S. No.90 of 1963 all the above mentioned properties held by Sir Ramaswami Mudaliars Choultry were vested with the Administrator General and Official Trustee hereinafter referred to as the AG OT of Tamil Nadu on 18.08.1970.
The First Respondent also relied upon an Order of the Division Bench of the High Court dated 20.08.2009 in support of the extension of the lease passed in O.S.A. No.298 of 2004 and companynected batch cases.
The issue companycerned in these appeals relates to an extent of 5 Grounds and 275 sq.ft.
of land in T.S. No.43/2 in Chennai District, Fort Tondiarpet Taluk, Block No.7 of Vepery Village.
ft was granted on lease for a period of 30 years to one Smt.
As already stated supra, pursuant to the lease deed entered into by this petitioner with AG OT, this petitioner raised a huge companystruction with his own funds and doing his own business and the said lease has been extended upto the year 2027.
The First Respondent also claimed to have got the approval of the Municipality, State Government and other authorities and that the buildings were duly assessed for property tax and other statutory dues.
Thereafter, the order passed by the learned single Judge in W.P. Nos.
By Order dated 26.11.2012, the Writ Petitions filed by the First Respondent and other occupants came to be allowed by the learned Single Judge and the GO Ms. No.168 dated 21.05.2012 was set aside.
The Division Bench after a detailed discussion allowed Writ Appeal Nos.
Fakkir Mohamed Ibrahim Kalifulla, J. I.A. Nos.1 2 I.A. Nos.1 4, applications for impleadment, filed in Special Leave Petition C Nos.26020 26021 of 2013 and Special Leave Petition C Nos.26199 26202 of 2013, are allowed.
Leave granted.
By Order dated 10.12.2004 in Application No.915/2003, the lease in favour of the First Respondent was stated to have been extended for a further period of 25 years by enhancing the rent payable by him.
The First Respondent claimed to have put up two pucca structures and running two Star Hotels known as Hotel Central Tower and Hotel Howrah.
The said lands were granted and assigned in favour of Sir Ramaswamy Mudaliar by GO Ms. Nos.763 and 253 dated 09.12.1898 and 17.01.1899 respectively whereas the companyditions were incorporated in the following words 1 that the land shall revert to Government when it ceases to be used for the purpose for which it is granted and 2 that should the property be at any time resumed by Government, the companypensation payable, therefore, shall in numbercase exceed the companyt or the then present value whichever shall be less of any building erected or other works executed on the land.
Registry to carry out necessary amendment.
As per the Scheme Decree, the AG OT of Tamil Nadu leased out the lands in T.S. No.41 and T.S. No.43/2 to various tenants and was companylecting the rent.
