Sunday, November 26, 2017

Pay up or return land to owner, encroacher told in Kancheepuram

By Express News Service | Published: 26th November 2017 07:42 AM |



CHENNAI: A lower court in Kancheepuram has directed an encroacher to pay the land cost for the private land in Pillaipakkam, Sriperumbudur taluk, on which he had encroached, within two months or return the land after demolishing the superstructure. The encroacher had let out the land to the Department of AYUSH attached to the Union Ministry of Health & Family Welfare and managed to dodge the land-owner for four years

G Karunanidhi, judge, district court-II in Kancheepuram, gave the directive while passing orders on an original side application from Hugo John Gozmao (74) of Kollam in Kerala. According to the applicant, he had purchased the property from one Dhanapal and four others and got it registered in the Sub-Registrar’s office in Sriperumbudur in March, 1996.

However, Dr V Dharmalingam of Adyar took advantage of Gozmao’s absence as he resided in Kerala and encroached upon 6,540 square feet of the property, constructed a pucca building and let it out to the department of AYUSH in 2013.

When Gozmao visited his property and confronted Dharmalingam on this count, the latter allegedly brushed off the entire incident and said that the land was required for his convenience and enjoyment. Dharmalingam had also said he wanted to buy the land at the prevailing market value.

Left with no other option, Gozmao agreed to sell the occupied portion for Rs 35.97 lakh. He entered into an agreement with Dharmalingam, which said that he would be paid an advance amount of Rs 50,000 and the balance cleared within two months. However, Dharmalingam failed to honour the deal. Hence, Gozmao issued a legal notice to him.

However, Gozmao was forced to enter into another agreement in January 2015, which said Dharmalingam had remitted Rs 15 lakh and assured to pay the balance in two months. Again, Dharmalingam did not honour this assurance and Gozmao moved the district court.

On November 7, feeling satisfied that the land did, indeed, belong to Gozmao and that Dharmalingam had encroached upon it, the district judge directed the latter to pay the balance amount of Rs 20.97 lakh within two months, failing which he would have to restore the land to its original condition after demolishing the superstructure.

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