HC dimisses hotel's appeal against land takeover

The Madras High Court today dismissed an appeal by a hotel challenging a single judge order directing it to hand over the land in which it was located opposite the Central Railway station here for the metro rail project.
A bench, comprising Justice V.Dhanapalan and Justice M Duraiswamy, however, criticised the state government for not following procedures in resumption of the land which was under the control of judiciary.
It was dismissing the appeal by Buhari Sons Private Limited challenging the order of Justice K K Sasidharan directing it to hand over the land to Chennai Metro Rail Limited.
The land was originally given by the government to a private Trust by way of grant which in turn leased it to the hotel.

However, following complaints that the Trust had violated some of the conditions made at the time of grant, the court's Official Trustee was administering the property under a scheme formulated by the high court.
While so, the state government in September 2013 passed an order directing the hotel to vacate and hand over possession of the premises as it was required for Chennai Metro project.

The bench said the executive should act only under the authority of law by invoking appropriate jurisdiction when the property is already under the control of judiciary.
The court held that the government, while making an order for resumption of land through its executive, did not take any order either from the court or from the Official Trustee.

This act of the government, bypassing an Act under which the entrustment had been made, would amount to violation of the basic structure of the Constitution and the power of separation which has been demarcated could not be usurped by one organ on its own.
"We are constrained to hold that though there is a violation of rule of law by the authorities in resumption of lands in question, with heavy heart, by giving due respect to the ratio decided by the Supreme Court with regard to the very same subject lands, we are left with no other choice but to follow the same under Article 141 of the Constitution," the Judges ordered.