CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY Vs. DR. KAMALA SELVARAJ

JUDGEMENT

(1.) This appeal, is directed against the judgment and final order dtd. 21/12/2011 passed by the Division Bench of the High Court of Judicature at Madras in Writ Appeal No. 303 of 2011 affirming the judgment dtd. 13/7/2010 rendered by the Single Judge in Writ Petition No. 6495 of 2010, whereby the demand raised by the appellant -Authority for a sum of Rs.1,64,50,000.00 - (Rupees One Crore Sixty Four Lakhs Fifty Thousand Only) towards Open Space Reservation charges was quashed and a direction was issued to refund the said sum with interest at the rate of 8 (eight) per cent per annum.

(2.) In order to appreciate the controversy, it becomes necessary to narrate the facts in some detail.

(3.) The property in question traces its lineage to the estate of one Haji Syed Ali Akbar Ispahani, who died leaving behind his widow, his sons, and daughters. The heirs, in order to bring about a complete division of their respective rights, executed a registered partition deed dtd. 23/4/1949 (Document No. 6119 of 1949, Registrar of Madras). Under the terms of this instrument, an extent of about 21 (twenty-one grounds) situated in Survey No. 126/2 of Nungambakkam Village fell to the share of Syed Jawad Ispahani, one of the sons.