Madras High Court dismisses case against 181 grounds of TNCC land on Anna Salai in Chennai
Justice Abdul Quddhose passed the orders after the counsel representing Blue Pearl Development Private Limited submitted that the company had lost possession of the property when its application was pending adjudication before the High Court and therefore, nothing survived to be decided in the case.
The application was filed in May this year under the Arbitration and Conciliation Act. It had sought to restrain TNCC Charitable Trust and its trustees E.M. Sudarsana Natchiappan, K. Selvaperunthagai, and R. Narayanan from interfering with the company's possession of the property until the conclusion of the arbitration proceedings.
Then, filing an affidavit on behalf of the company, its managing director Haresh Chand Gordhandas said it was a special purpose vehicle (SPV) floated jointly by Skyhigh Builders and Heeral Constructions Private Limited to develop a commercial building at the Anna Salai property, popularly known as Congress grounds.
He said that the two promoters of the SPV had entered into an agreement with the TNCC Charitable Trust on May 28, 1996, for developing the entire property in a ratio of 60:40, where 60% of the developed area would be reserved for the trust and the remaining for the developer. Subsequent to the execution of the development agreement, and after the payment of ₹3 crore, the trust handed over the land to the company, he claimed.
Though the applicant company had obtained all requisite permissions for the development, the project could not be started because of hurdles in the gifting of 10% of the land by the trust to the Greater Chennai Corporation (GCC) for being maintained as Open Space Reserve (OSR) area. The trust could not pass a resolution for gifting the OSR land due to a change in the composition of trustees.
In the meantime, the applicant company claimed to be in possession of the land for the last 29 years by renting out the premises for vehicle parking and other such purposes. It claimed that even the TNCC had obtained its permission in the past to use the property for parking vehicles. However, now efforts were being taken to dispossess the company, it said, seeking an interim protection.
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