RAJENDRA GUPTA Vs. CORPORATION OF CHENNAI

JUDGEMENT

(1.) Whether the person who is personally benefited by commercially exploiting public property can maintain applications in the Scheme suit and whether the sub-lessee who continues in possession even after the expiry of the period of original lease can seek to protect his possession are the points falling for consideration in these appeals.

(2.) Prime property in Poonamallee High Road to an extent of 57 grounds was leased to the Trustees of Victoria Public Hall V.P. Hall] Trust for construction of Town Hall which is to be used for public purposes or private purposes of cultural and educational activities. Prime property worth several crores so leased for a noble cause was diverted to personal benefit of making the profit. It is the typical case that exploitation of the public property by putting up multi-storied buildings with palatial facade for running hotel business for personal aggrandisement. Appellants whose claim of sublease expired even on 30.04.1985 seeks to protect their possession even after the surrender of leasehold rights by the original lessee V.P. Hall Trust. It is the typical case where public property has been siphoned off under the cover of documents and protective umbrella of the Court orders. After the land and buildings were handed over by V.P. Hall Trust original lessee] to the Corporation original owner] and after recording of compromise, can Appellants seek to retain the leasehold rights beyond the period of original lease of the original lessee themselves is the core point in issue.

(3.) Factual background of the matter:- In 1880's certain senior noted citizens decided to establish Town Hall in Madras for the use and benefit of the public. For the said purpose, several citizens of Madras contributed various amounts and influential Committee of the citizens of Madras was constituted to carry out the project of construction of a Town Hall. As a result of negotiations Committee with the Municipal Commissioner for the Town of Madras, Corporation passed resolutions dated 21.2.1883, 03.09.1884 and 24.09.1885 allotting the land of an extent of about 57 grounds on a 99 year lease, on a rent of 8 annas per ground per annum. Allotment was infavour of the Committee for construction of a Town Hall.