The Madras High Court has ordered the CSI Trust management, which was illegally occupying 12.66 acres of land worth ₹800 crores at the heart of Erode, to hand over that land to the government.

The CSI Trust illegally operates a church, educational institute, hostels, and hospitals on 12.66 acres of land near Panneerselvam Park in Erode. The CSI management created fake documents claiming that the land was obtained through an auction from the then-British government 100 years ago, and then requested the Survey officer that the land be transferred to the CSI and a title deed be issued. Following this, CSI trust got the title deed for the 800 crore property.

However, the Special Tahsildar of Erode, who was skeptical of the title deed, petitioned the Administrative Commissioner of Revenue against the CSI management, requesting an investigation. Following an investigation, it was discovered that the land belonged to the government and that the CSI management was illegally occupying it using forged documents. Later, the trial was held in the Madras High Court after the CSI management decided to appeal the Revenue Commissioner’s orders.

Recently, Justice M. Thandapani of the Madras High Court issued an order in this case. Madras High Court Advocate Jayganesh stated in this regard:

” A person named Bobley purchased 12.66 acres of land in the heart of Erode from the British government in 1905 for a London missionary for ₹12,910. Later the place was enjoyed by CSI Trust Management. The place had the then Sub-Collector’s bungalow and grounds around it. However, after the British left, the CSI administration brought the entire place under their control.”

He continued,” On June 30, 2010, Erode Settlement Officer gave the Patta for the land to CSI before few days of his retirement. The then-Special Tahsildar of Erode filed an appeal with the Commissioner of Revenue Administration against the Settlement Officer’s decision. The Commissioner of Revenue Administration ordered an inquiry into the land occupied by the CSI management.”

He proceeded, “The Special Tahsildar of Erode summoned all parties and informed them that the land, valued at 800 crores under current guidelines, belonged to the government. He submitted a 30-page investigation report to the Commissioner of Revenue Administration saying that the land has to be handed over to the government. Meanwhile, according to Erode Corporation’s ‘Master Plan – 2,’ an 80-foot road can be built from a portion of the area to the railway station.”

The CSI and Trustees filed a case in the Madras High Court against the government’s order. The suit has been joined by a group of devotees of the famous Mariyamman Temple, which is located outside the 12.66-acre plot, and the Erode People’s Welfare Association. This case went to trial in 2015. CSI filed the sale certificate for the land they already owned on behalf of the trust management.

Petitioners stated in their affidavit, “Except for the building built by the CSI Foundation for social work on 12.66 acres of government land, the CSI administration has been paying an annual rent of ₹1 per one acre. According to the terms of the agreement, CSI and Trust Management have been paying rent to the government. However, the government has refused to collect the rent beyond the specified period.”

Therefore, the devotees and the government informed the court that, with the exception of the buildings constructed by the CSI Trust, all of the other land belongs to the government.

After examining the documents, Justice M. Dandapani of Madras High Court said, “Because the land belongs to the government, the Erode Corporation can immediately take it for the construction of an 80-foot road in a portion of it. Furthermore, the Chief Secretary, the Secretary of Revenue, and the Commissioner of Revenue Administration should ensure that the road works proceed smoothly.”

He directed that the rest of the land, except for the buildings of CSI, be reclaimed by the government.

Church of South India allegedly sold defence land to metro rail

An FIR was registered against the Church of South India (CSI) on the 20th of August  2019 by the Cubbon Park Police Station for allegedly ‘cheating’ the defence ministry by selling 7,426 square metres of its land located in the All Saints Church complex to the Bengaluru Metro Project without its knowledge and consent. Investigation on the matter is underway.

“We are inquiring into the Defence Ministry’s complaint that the CSI had illegally sold a portion of its land, leased to it over a century ago, for the metro project and collected Rs 60 crore compensation from its operator (BMRCL),” Bengaluru Deputy Commissioner of Police (Central) Chetan Singh Rathore told IANS.

“We have asked both the parties to submit us all documents pertaining to the prime land to ascertain its rightful owner, as they (records) date back to 1860s when the city was under the British rule and the Mysuru Wodeyars were the owners of public lands then,” said Rathore.

“As preliminary investigation has also revealed that both the parties have contested the land ownership in a city civil court, we will wait for its outcome before proceeding with the case,” added Rathore.

“As KIADB is the state-run agency dealing with sale and purchase of lands for industries and infrastructure projects across the southern state, it has vetted the documents the CSI submitted for acquiring it and compensating for it suitably,” BMRCL official YBK. Chavan told IANS.

“If the Defence Ministry claims that the land was leased to the CSI in the 1860s, the onus is on it to prove that it was its owner and submit the lease agreement they both would have entered into over 130 years ago” Rathore asserted.

Bengaluru Metro Rail Corporation Ltd. (BMRCL) had acquired the disputed land for the construction of the Vellara Junction underground station from Dairy Circle to Nagawara. In total, BMRCL acquired 3,618 sq meters of the church land occupied by tenants such as Tom’s Hotel and Fatima Bakery. It had paid Rs 60 crore as compensation to the Church of South India.

“In the 1860s or subsequently till the mid-1940s, where was the Indian government and the defence ministry to claim that the land in the All Saints Church premises belonged to it unless it was an open land and inherited by the transfer of assets from the British regime,” a Church official told IANS on the condition of anonymity.

A Defence Official said that legal action would be taken against CSI for breaching the lease agreement and Rs. 60 crore would be demanded as compensation for selling the land without taking permission from appropriate authorities.

References:

thecommunemag.com