SC sets aside HC order, allows Chennai Metro to acquire plot

The Chennai Metro Rail project today got a boost with the Supreme Court setting aside the verdict of the Madras High Court and giving its nod for takeover of a piece of land required for its 23.1-km-long metro corridor between Washermenpet and the airport.
A bench of justices A K Patnaik and Fakkir Mohamed Ibrahim Kalifulla allowed the pleas of Chennai Metro Rail Ltd and the Tamil Nadu government seeking to get possession of 5644 sq ft land at Vepery Village in Chennai district for completion of one of the metro corridors that will start from Washermenpet and end at airport.

"The First Respondent (N Ismail and others) is directed to surrender possession of the lands in Survey No 43/2 in an extent of 5644 sq. Ft. Through the AG & OT within four weeks from the date of receipt of copy of this judgment. With the above directions, these appeals are allowed," the bench said.
The land, sought to be taken over, has hotels and other buildings.
The court, which set aside the Madras High Court judgement, said the government order and subsequent processes in relation to the land can be "sustained".
"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 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... Based on the valuation to be made by the appropriate authorities," it said.

It asked the state government and Chennai Metro Rail Ltd "to value the buildings belonging to the first respondent standing in Survey No.43/2 and determine the compensation and pay the same to the first respondent. The said exercise of valuation and payment of compensation shall be effected within three months from this date".