CHENNAI: The Madras High Court on Monday dismissed an appeal filed by the Agri Horticulture Society challenging the order of a single judge in connection with the occupation of 110 grounds of prime land near the Semmozhi Poonga on Cathedral Road in Chennai. This clears the deck for the state government to take possession of the land.
The first bench of acting Chief Justice T Raja and justice D Bharatha Chakravarthy dismissed the appeal filed by Agri V Krishnamurthy, head of the Agri Horticulture Society, which has been in possession of the land worth Rs 1,000 crore. Senior counsel P Wilson who had appeared for advocate Bhuvanesh Kumar, impleaded in the case following a Supreme Court order, said the court that the Commissioner of Land Administration (CLA) has the powers under Section 31 8 of Revenue Standing Order to review or revise the order of the district collector. Additional Advocate General (AAG) J Ravindran represented the State government.
The land, belonging to the state government, was occupied by Krishnamurthy in the name of the Agri Horticulture Society. The then DMK government decided to develop a botanical garden on the land and had issued a notice to the society on September 29, 2010. Disposing of a writ petition at the time, the Madras HC had directed the district collector to go for a fresh hearing on the matter.
The collector (in-charge), on August 22, 2011, passed an order declaring that the Agri Horticultural Society is the owner of the land. Subsequently, the tahsildar granted patta. Meanwhile, the CLA initiated a suo motu revision proceedings to stay the collector’s order on November 1, 2011, and issued a show cause notice to the society. A writ petition filed by the society challenging the notice was dismissed by a single judge, against which, the Society had filed the appeal.