EXECUTIVE OFFICER CONTONMENT BOARD Vs. U VENKATESH

JUDGEMENT

(1.) W.A.No.403 of 2008 is filed by the Ministry of Defence, Government of India the Executive Officer, Contonment Board, Chennai and two others against the order dated 7.12.2007 passed by the learned single Judge in W.P.No.7486 of 2006, filed by respondent herein against the Ministry of Defence, Government of India.

(2.) W.A.No.404 of 2008 is also filed by the Ministry of Defence, Government of India and three others against the order dated 7.12.2007 in W.P.No.46666 of 2006, filed by the respondent herein.

(3.) THE subject matter of both the writ petitions according to the writ petitioner is in respect of the leasehold land in GLRS Nos.387/18, 387/18A and 387/18B of St.Thomas Mount, measuring 34,446 sq.ft. for conversion of the leasehold right from residential purpose to commercial purpose and for the sanction of building plan in favour of the petitioner by collecting market value of the year 1997 by the Defence Ministry, Government of India. THE land in GLRS No.387/18 is measuring to an extent of 0.35 acres (15,246 sq.ft) surrounded by contonment road and GST road, opposite to Chennai Airport. THE said land was leased out for dwelling purpose. According to the respondents in writ petitions, there is dispute with regard to the total area of leasehold right of the land and the department contend that the total area is 19200 sq.ft. and not as claimed by the petitioner i.e., 34,446 sq.ft. and the balance area measuring 0.35 acre is at present lying vacant, and that the petitioner cannot claim any right over the said 0.35 acres land as it exclusively belongs to the Ministry of Defence, Government of India. THE period of leasehold right will be over by 2028.