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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice N.ANAND VENKATESH, J
Krishna Devanandan – Appellant
Versus
Auroville Foundation, Rep.by Its Secretary Dr.jayanti S.ravi – Respondent
ORDER :
1. W.P.No.8639 of 2024 has been filed seeking for the issuance of a Writ of Mandamus to forbear the first respondent from proceeding with any transaction of land transfer, including land exchanges, without following the procedure laid down in the Auroville Foundation Rules 1997 (for short, the 1997 Rules) and the General Financial Rules 2017 (for brevity, the 2017 Rules).
2. W.P.No.8652 of 2024 has been filed seeking for a direction to the second respondent to cancel the relevant entries made from the year 2021 whenever the land exchanges were registered and entered in the encumbrance register without following the relevant Rules.
3. Heard the learned counsel appearing for the petitioner, the learned Senior Counsel appearing on behalf of the first respondent and the learned Additional Government Pleader appearing for the second respondent, in both the writ petitions.
4. The facts leading to filing of these cases are as follows :
(i) The petitioner claims to be a Member of the 'Residents' Assembly" that forms part of one of the three Authorities of the Auroville Foundation (hereinafter called the Foundation). Under Rule 4(1)(d) of the 1997 Rules, it is mandatory for the Governing
The Governing Body of the Auroville Foundation can conduct land exchanges without prior government approval, provided it adheres to the Auroville Master Plan and consults necessary committees.
The Governing Board of the Auroville Foundation has exclusive authority to manage Auroville and issue Standing Orders, and suppression of material facts by a litigant disqualifies them from obtaining....
Point of law : From the conjoint reading of Section 161, as well as, the Rules relating thereto, it transpires that the legislature has extended facility upon a bhumidhar to exchange his bhumidhari l....
Resolution by the Land Management Committee for land allotment without approval from the S.D.M. lacks legal validity, leading to unlawful possession claims.
The impugned Standing Order was found to be ultra vires the Auroville Foundation Act, as it violated the Act, the approved Master Plan, and exceeded the powers of the Governing Board.
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