PHOENIX ARC PVT. LTD. Vs. SAMARPANA CHARITABLE TRUST

JUDGEMENT

(1.) Phoenix ARC Private Limited (appellant) has, in this appeal, challenged an order passed in OP No.260 of 2022 and connected applications. They are aggrieved by the allowing of the Original Petition, wherein the prayer by Samarpana Charitable Trust/R1 (hereinafter referred to as R1/Trust) for according permission to the Trust to vest property admeasuring 299 sq. mts. in TS No. 6179/2 and another extent of 10 sq.mts. in TS No. 6179/1 in item Nos. 1 and 2 of Schedule A properties extracted below, in favour of Chennai Metro Rail Project (hereinafter referred to as R2/CMRL) as per the prevailing market rate for compulsory acquisition. The prayer was made in terms of Sec. 7 of the Charitable and Religious Trust Act, 1920 (CRT Act) read with Sec. 34 of the Indian Trust Act, 1882 (Trust Act). This is prayer A.

(2.) Prayer B seeks a direction to the Trust to retain all other properties of the Trust in Schedule A i.e., item No. 1 to item 3 properties, and not to alienate any of the remaining properties in violation of the provisions of either the CRT Act or the Trust Act without the leave of the Court.

(3.) The application was allowed on 5/9/2022, the Court noting the consensus between R1 and R2 for sale and acquisition of the property. The Court also noted that resolutions have been passed by the Trust on 11/10/2021 and 2/12/2021 for sale of the property and authorizing individuals to conduct cases on behalf of the Trust. The parties had been relegated to learned Master for marking of documents. Learned Judge notes that there was no necessity for cross-examination and that exercise was otiose since O.P.No. 260 of 2022 had been filed to advance the case mutually propounded by the Trust and CMRL for execution of the property. The Court hence granted permission to sell the property, permitting execution of sale deeds and presentation of the same for registration.