Madras High Court Sets Aside Acquisition Proceedings Of Former CM Jayalalithaa's 'Veda Nilayam' Residence; Property To Be Handed Over To Legal Heirs

The Madras High Court on Wednesday set aside the land acquisition proceedings of former CM J Jayalalithaa's residence, 'Veda Nilayam', at Poe's Garden, Chennai. The single bench of Justice N Seshasayee has allowed the petitions filed by J. Deepak and J. Deepa, both the children of Late Jayalalithaa's brother, challenging the Tamil Nadu Government order for acquiring 'Veda Nilayam' and converting it to a memorial. While reading out the operative part of the order, Justice Seshasayee instructed the District Collector, Chennai to hand over the property to the legal heirs, i.e, J. Deepa and J. Deepak within three weeks. In the order, the court has also clarified that the Income Tax Department can proceed as per the law to recover the arrears chargeable on the estate due from Late J Jayalalithaa."When the acquisition goes, the award passed by the Land Acquisition Authority goes with it. Consequently, the status quo ante has to be restored", the court noted in the order. The court has also ordered that the compensation amount paid by the government, now deposited in the court, must be returned back with interest. While pronouncing the order, Justice N Seshasayee also mentioned that he pondered over the suitability of two memorials for the late Chief Minister. The grand memorial on Marina Beach was inaugurated earlier this year. The court said that it invoked the Public Purpose Doctrine to reach the decision. On 27th January, 2021, the High Court had allowed the State Government to move ahead with the inauguration event of Jayalalithaa's residence 'Veda Nilayam' as a memorial. The Court H however, restrained the Government from opening the doors of the building. The petitions filed was not only pertaining to the legality of the acquisition of immovable property in 'Veda Nilayam', but to the incomplete process of acquisition of the movables as well. Background It may be noted that 'Veda Nilayam' was owned by Ms J. Jayalalitha. While so, on 05th December, 2016 she died intestate. Through a previous Division Bench Order in 2020, both the nephew and the niece were declared as Class-II legal heirs to Late Jayalalithaa and it was held that they are entitled to inherit her estate. The Division Bench had also directed the petitioner and his sister to create a Public Trust. Though the petitioners had expressed their dissatisfaction regarding the government interfering with the matters of 'Veda Nilayam', the TN government issued the G.O.(Ms) No.180 (Tamil Nadu Development and Information (Memorials) Department), dated 05.10.2017, granting administrative sanction for acquiring 'Veda Nilayam' to constitute it as a memorial for the late Chief Minister. Thereafter, the TN Government went ahead with the acquisition proceedings of Veda Nilayam' (the proposed site of the memorial) under The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 [RFCTLARR Act, 2013].Arguments Raised The petitioner argued that acquiring a property for converting it into a memorial does not fall within the meaning of 'public purpose' as defined in Section 2 of RFCTLARR Act. The Social Impact Assessment report had not considered the feasibility of an alternate place under Section 4(4) (f) of the Act. The award was passed by the land acquisition officer in haste before the government even considered the directions of the court, against the principles of natural justice. In the entire process including the issuance of government order for acquisition, none of the petitioners, who are legal heirs, were consulted. The respondent state contended that the petitioners are not owners of 'Veda Nilayama' and that they only fall under the definition of 'persons interested' within the meaning of Section 3(x) of the RFCTLARR Act. They also argued that a memorial would fall under the definition of "public purpose' under Sec.2(1) of the RFCTLARR Act. ....... The Hon'ble Chief Minister was a leader of National and Global fame and conversion of her residence to a memorial would not only be a matter of pride and motivation to the people of this State but the same would also promote tourism industry by attracting visitors as it is common that tourist who visit other Countries/States would always visit such memorials and the memorials become places of tourism importance", the counter of District Collector stated. They also argued that there is no need for any rehabilitation and resettlement package as the petitioners were not displaced by the acquisition, and that they were given opportunities to pose questions at every stage of acquisition. The petitioners' core-contention to oppose acquisition was emotional and sentimental, neither of which merit consideration when there is a public purpose for acquisition, argued the state. Even a compensation amount of Rs 67.9 crores were made available for the petitioners and deposited with...

Madras High Court Sets Aside Acquisition Proceedings Of Former CM Jayalalithaa's 'Veda Nilayam' Residence; Property To Be Handed Over To Legal Heirs

Sebin James

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