Tamil Nadu Govt Reclaims Rs 933 Crore Land from American Mission Board in Major Legal Victory
Madurai, Tamil Nadu: In a major triumph for public interest litigation (PIL) activist D Devasahayam, the Tamil Nadu government has successfully retrieved a prime piece of land worth Rs 933 crore from the United Church Board for World Ministries (UCBWM), formerly known as the American Board of Commissioners for Foreign Mission (ABCFM).
The 31.10-acre property, originally granted to ABCFM in 1912, was reclaimed by the Madurai district administration after it found UCBWM in breach of the assignment conditions. The administration informed the Madras High Court of this development, marking the culmination of a lengthy legal battle initiated by Devasahayam.
Virudhunagar based Devasahayam has filed a public interest litigation (PIL) in 2022 saying that the government had in 1912 assigned the property located near Moondrumavadi in Tallakulam village to ABCFM on certain conditions for providing industrial homes for needy women. CSI Madurai Ramnad Diocese in Madurai, Shreyans foundations in Kilpauk and IIFL Ltd, Mumbai are respondents in the case.
According to the Proceedings of the Commissioner of Land Administration ( present by R Nagarajan) dated 11th January “As per the directions of the Hon’ble Madurai Bench of Madras High Court in W.P.(MD). No.24352/2022, dated 13.12.2022, this case was taken up for hearing before this forum.
It said “ … . . direct the 2nd respondent (Commissioner of Land Administration) to consider the petitioner’s (i.e. Thiru.Devasahayam) representation dated 22.08.2022, conduct enquiry and verify as to whether the conditions stipulated in the assignment orders have been violated by the fourth respondent (C.S.I Trust) and thereafter, pass F2/1378022/2022 I/1377704/2024 appropriate orders, on merits and in accordance with law, that too after affording due opportunities to all necessary parties, with in a period of 12 weeks from the date of receipt of a copy of the order.”
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History of the case
The history of this case dates back to 1912 when the land was assigned to ABCFM to establish an “Industrial Home for needy Woman.” The recent victory is attributed to the persistent efforts of Public Interest Litigation (PIL) petitioner D Devasahayam, who has long contested the alleged breaches of assignment conditions by ABCFM.
In 1912, the government granted the land with specific conditions, including the payment of full market value, periodic assessment, utilisation solely for industrial and charitable purposes, and the government’s right to resume the land if not used for the designated purposes. The proceedings order outlined these conditions, emphasising the government’s authority to reclaim the land under certain circumstances.
Fast forward to January 25, 2010, Devasahayam initiated a legal battle by filing a writ petition seeking a probe into the alleged illegal sales of the assigned land. The petitioner has consistently argued that ABCFM violated assignment conditions by selling the land to third parties. The case is still pending before the High Court, with Devasahayam continuing to advocate for a thorough investigation.
In a recent revelation, the Madurai district administration informed the Madras High Court about the successful reclamation of the land. The government’s action was prompted by the breach of assignment conditions, marking a significant victory for Devasahayam and shedding light on the misuse of the assigned property.
The government’s decision to reclaim the land was reinforced by the original assignment conditions and an additional condition allowing resumption if deemed necessary in the public interest. Church of South India Trust Association (CSITA), established in 1947, became the successor of ABCFM. The land, along with other parcels, was transferred to CSITA by the United Church Board for World Missionaries (UCBWM), the successor of ABCFM, in 1973.
Devasahayam, through persistent legal efforts, has sought a probe into the alleged illegal sales within a stipulated time frame. The petitioner filed a representation before the relevant authorities on August 22, 2022, urging the cancellation of the assignment given to the American Board of Mission, citing their non-compliance with the assignment conditions.
The subject land, initially assigned to the American Board of Commissioners for Foreign Missions and later merged with CSITA, was reportedly sold by Right Reverend Dr. A. Christopher Asir, the Bishop of the Diocese of Madurai-Ramnad (CSI), and Reverend G.V. Savariroyan, the Treasurer of the Diocese.
The sale, executed through a General Power of Attorney, aimed at funding the development of a Dental College and College of Education owned by CSITA. However, the Property Management Committee of CSITA, responsible for approving such transactions, allegedly lacked the authority to sanction the sale.
In 2008, Shreyans Foundations and M/s.IIFL Realty Ltd. planned to construct and sell apartment complexes in Thallakulam village. To facilitate the project, both entities decided to purchase lands originally owned by CSITA, specifically from the Madurai-Ramnad Diocese. This decision has now come under scrutiny, with legal proceedings initiated to investigate the transaction’s compliance with established regulations and CSITA’s internal approval processes.
Observations
It has been established that the Church of South India Trust Association (CSITA), the assignee trust, sold a portion of land to commercial real estate firms, Shreyans Foundations, and IIFL Realty Limited, for the construction of housing flats and commercial purposes. The sale, deemed a clear violation of the conditions of the assignment grant, prompted the Commissioner to cancel the land assignment.
Following the cancellation, the district administration swiftly reclaimed the property, erecting a board the next day to inform the public about the annulment of the assignment. The move highlights the gravity of the breach and the administration’s commitment to rectifying the situation promptly.
Notably, the order also revealed that owners of the Golden Lotus flats, residential apartments constructed on the disputed land, had purchased the property from Shreyans Foundations and IIFL Realty Limited. The order emphasized that if the flat owners faced any issues regarding the land’s title, it was solely due to their failure to adhere to the principles of “Caveat Emptor” – buyer beware – and their negligence in verifying the title and status of the land before purchase.
This revelation adds another layer to the legal entanglement, suggesting potential ramifications for flat owners who may now find themselves grappling with unclear land titles. As legal proceedings unfold, the case underscores the importance of due diligence in real estate transactions and raises questions about the responsibilities of both sellers and buyers in ensuring the legitimacy of property transactions.
