VEDA NILAYAM NOT PUBLIC PROPERTY
High Court quashes all orders passed to convert Jaya’s residence, wonders if it is not one memorial too many
CHENNAI: The Madras High Court on Wednesday quashed the acquisition proceedings initiated by the previous AIADMK government to convert former Chief Minister J Jayalalithaa’s Poes Garden residence into a memorial as it served no ‘public purpose’ and wondered “is it not one memorial too many,” since there was a Phoenix-themed memorial for her a few kms away from the locality at the famed Marina Beach.
Justice N Sheshasayee passed the orders, while allowing the three writ petitions filed by Jaya’s niece and nephew J Deepa and J Deepak. “The District Collector, Chennai, in whose custody the keys of ‘Veda Nilayam’ is, has been directed to hand them over to the petitioners within a period of three weeks,” the HC ruled, on quashing all the notifications and proceedings related to the case. The court also said that the compensation amount Rs 67.90 crore, which the government has deposited in the city civil court pursuant to the award are liable to be returned with all accrued interest to the government.
“This court is left with little option than to hold that acquisition of ‘Veda Nilayam’ cannot be said to involve a ‘public purpose’ in law. The acquisition fails,” the judge stated. Though the order was reserved on March 25, 2020, the judge pronounced the judgment on Monday. Senior counsel SL Sundararaman appeared for Deepak and argued that the land acquisition process was initiated without taking Deepak and Deepa’s responses into account, who were deemed legal heirs to Jayalalithaa by the HC in 2020. The petitioners further contended that acquiring a property for converting it into a memorial does not fall within the meaning of ‘public purpose’ as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013.
Vijay Narayan, who was the advocate general at the time of hearing, stated that the petitions were not maintainable as they violated certain directions of the HC’s order in terms of granting letter of authorization (LoA) in 2020.
On recording the submissions, the judge said that the notification for acquisition was published a couple of years before the HC had cleared the construction of a memorial for the former Chief Minister on Marina beach, and was thus immaterial.
CHENNAI: Veda Nilayam, the palatial bungalow of the former chief minister J Jayalalithaa continues to make headlines and this time it’s a celebration for the legal heirs of J Jayalalithaa—Deepa and Deepak.
“The court had upheld the law of justice and this is a wonderful judgement for our family,” Deepa, niece of Jayalalithaa told DT Next.
“I had a brief discussion with my brother Deepak and family members about the judgement and we will unitedly take possession of the property at the earliest.”
When asked about her plans for the politically significant Veda Nilayam, Deepa said, “Our priority is to clear the legal issues and pay the dues. We will take possession after completing the court formalities. No one has been allowed to enter the house and we must inspect it. It was private residential property and will continue to be a private building. We don’t have plans of making the ancestral property into a public memorial, Deepa emphasised.
To a query that the AIADMK leadership wants to take up the issue with the Supreme Court, Deepa said, “If they have nothing else to do, they can drag this issue. The party has so many public issues to deal with, but if they legally move further, we will also fight the case legally,” Deepa quipped. Further, the Madras High court verdict has directed the authorities to hand over the property to legal heirs and the court has restored the law of the land, Deepa said.
“For AIADMK cadres Veda Nilayam is like a pilgrimage and the public wanted the building to be converted into a memorial in memory of Amma,” reacted former AIADMK minister Gokula Indira. For this reason, the AIADMK government took efforts to convert Veda Nilayam into a public memorial and we will continue to fight for the cause. Our party leaders will discuss and decide on the next course of action and the AIADMK legal wing will also explore the legal options, the AIADMK leader added. According to official sources, the State government had deposited Rs 67.97 crore in a city civil court compensating Deepa and Deepak, (children of Jayalalithaa’s brother Jaya Kumar). But the legal heir moved the Madras High Court challenging the State orders on the 55 cents (10 grounds) property worth over Rs 150 crores. The legal heirs will have to clear an income tax due to a tune of more than Rs 36 crores, and taxes to local bodies and other government entities.
The sprawling three-story building in upscale Poes Garden has been a centre of political activity for more than three decades and Jayalalithaa resided in the house for nearly 50 years. Jayalalithaa’s mother Sandhya, bought the bungalow in the late 1960s. Jayalalithaa expanded the bungalow by acquiring nearby properties.
The party has so many public issues to deal with, but if they legally move further, we will also fight the case legally
—Deepa, Jaya’s niece