M.D., Chennai Metro Rail Ltd. Vs. N. Ismail & Ors.
Compensation – Building – Resumption of land
Civil Appeal Nos. 2572-2573 of 2014 (@ SLP (C) Nos.26020-26021 of 2013) with Civil Appeal Nos. 2575-2578 of 2014 (@ SLP (C) Nos.26199-26202 of 2013)-Decided on 21-2-2014.
As the lands belong to the State Government there was no necessity for any acquisition being involved or any payment of compensation to be made in favour of anyone except for the Buildings standing thereon….. Therefore, while the impugned GO and the consequential orders of the Tehsildar and AG & OT can be sustained, having regard to the condition contained in the initial GO Ms. Nos.763 and 253 dated 09.12.1898 and 17.01.1899 since based on valid orders of the High Court and the AG & OT the First Respondent developed its Hotel business in the lands in question, while resuming the lands, the State Government along with the Chennai Metro is bound to compensate the First Respondent for the buildings which were erected in the said land in Survey No.43/2 based on the valuation to be made by the appropriate Authorities...read more
