Landmark’s Metropolis Ashok Nagar in Trouble

Landmark”s Metropolis has been in trouble for quite for some because of the land on which this project was built. Not sure if you know, Metropolis is located right adjacent to BSNL’s Office in KK Nagar very near Kasi theatre. I really used to envy the building because it had come up very well but today the HIGH COURT had ordered the builder to handover the land to TNHB.
 

Read the full article below. Source The Hindu. It’s a landmark judgment and would send strong signal to all the builders who think they can do anything and grab land illegally and make money.

But one thing nice to hear is that the court also order the builder to refund full money plus 10% interest to all building apartment owners. Like to remind you that Metropolis was sold out on the day its BHOOMI PUJA was done.

Flaying the “unlawful tactics” adopted by a builder to grab a piece of Tamil Nadu Housing Board land, the Madras High Court has said that neither him nor the over 50 persons who had purchased the flats had any right over the property.

The Bench, passing orders on a batch of petitions, also said it would be “misplaced sympathy” to permit the builder to pay Rs.3 crore to the Board, and direct it to issue titles to the “innocent purchasers.”

Such an order would send a wrong signal to land grabbers to indulge in more such activities, the Judges said, adding, “Our endeavour is to ensure that no one indulging in such a fraudulent attempt of land grabbing activity can get away with it by seeking the sympathy of the court on the ground of equitable principles.”

Restoring the land to the TNHB, the Bench said the matter should be investigated by the CB-CID if any prima facie case was made out. The apartment complex, comprising 54 flats, is on a 90-cent plot in Ashok Nagar.

The Bench, comprising Justice F.M. Ibrahim Kalifulla and Justice R. Banumathi, pointed out that the land was earmarked for a peripheral hospital. The plot was part of large acquired for a TNHB project.

While some of the petitioners challenged the cancellation of patta issued in favour of an individual, public interest litigation petitions were filed to restore the patta in the name of the TNHB and construct/maintain a hospital on the site.

The Judges said the land had been “illegally occupied by certain persons with deliberate intention to grab the land knowing fully well that the property belonged to the State.” The Bench then directed the authorities to take possession of the land along with the superstructure forthwith.

The developer shall refund the money collected from the purchasers with six per cent annual interest, it said, and imposed an exemplary cost of Rs. 50,000 on the developer.

6 Comments

  1. Reddy

    Dear writer,

    I am enjoying your blog and it has been enlightening for me. I guess the real estate thread is getting a bit boring lately. Most of the articles look like some kind of advertisement for the developers. I feel more justice could be done to the title by concentrating on the ‘core’ real estate rather than just apartments.

    One of my favorite articles was: ‘which locality would be the next adyar in terms of appreciation’.

    With best compliments,
    Reddy

  2. Thanks Reddy,
    I always strive to. But hope one understands that blogging is a really hard job. i intend articles to be of some use to our readers, may it be new buyers or experienced folks.

    Ya i tend to talk about builders main reason being to make users know about them, their current offerings and problems which exists with them. My views are never biased and hope that benefit folks.

    For example, this article just highlights the problem with one of the popular builders in chennai. I really admire Landmark but imagine if they have pay all the money + interest back to the 63 flat owners. This is one key things to note since if the builder is hit financially then his other projects would really suffer from executions. One would be definately careful when dealing with Landmark after reading this article.

  3. Satheesh

    I completely agree with Uday. This is very useful information and its nice of Uday to collect and update the readers so they can have the current info.

    Please keep it coming.

  4. Bala

    Uday,
    I too heard about this High court ruling against Landmark.Being a chennaite for over 25 yrs,i have seen this piece of land to my knowldege for over 15 years.its hard to beleive that the court could have given such a STUPID ruling against the Builder and depriving all the people of their investment and money.

    Iam not getting into the details of whether the builder has forged the land,Which considering the Reputation of landmark,is hard to believe.Imagine about the Govt agencies which has approved the plan and allowed the builder in the first place.What were they doing all this time,i guess this is going to mess up the investment made by individuals like us.I can only wish the supreme court will beat this verdict.

    Bala.

  5. Ravi Kumar

    Dear All,

    I have seen this blog very recently. I know about landmark construction and booked one apartment in their project TIARA at perungudi. As far as i know they are one of the most transparent and quality conscious builder in chennai.

    As you were rightly mentioned in the comments here, they went into a legal problem in the project METROPOLIS. But till this moment I am not finding any wrong with the builder. As far as in know the facts are like these all are instigated by some lad grabbers who had asked a ransom from the builder, the builder denied the sum and apparently they have dragged the builder to the court.

    Landmark has bought this land from none other than a reputed company TVS Finance in 2003 and then it was with four side boundaries and a gate and not even a stray dog was inside. And they have launched the project in 2004 and the project got sold out in single day. Before launch they have done the reclassification from institutional zone to residential zone through government and it is been published in the Govt gazette apart from this it was been published in major dailies also. After that they got approvals from statutory authorities like CMDA, Corporation etc.

    Almost 2-3 years now they are going to complete this project, a PIL is been filed in the High Court, Madras and subsequently the decision came against Landmark Construction. And they have immediately filed the appeal against the verdict in Honourable Supreme Court, New Delhi. With in 2 days from the High Court verdict they have got a stay in Supreme Court in their favour and with in 30 days they have got a favourable decision, but asked them to pay 5 Crores as a refundable deposit to TNHB. I know they have remitted the money also. This is just matter of time, I am confident they will prove their innocence. The customers who had bought apartments in that project METROPOLIS are supporting the builder very much since they know there is no malpractice done by the builder

    The funniest part is, almost 2-3 years where were these GOVT authorities, it is actually a shame for them that an individual has filed a PIL against the builder (for the so called reason that “FOR PUBLIC”). The patta issued Thahasildar office is next door neighbour of this property. It was very much visible for them the day to day activities of the site.

    So it is very clear that, these are intentionally done by some one to rupture the reputation of LANDMARK CONSTRUCTION. I still believe they will come out with “VETRI”. In fact they have almost 6 on going project and almost all the projects are mostly sold out. It is not the same landmark 3 years back it is almost multi crore company. An interesting forth coming project of them “CENTRALIA” in Chromepet around 280 apartment, they would be starting the pre-launch sales by Jan 2008 and the expected launch would be March- April

  6. Dear Ravi,

    Kindly go thro what i have written. I know about Landmark and all that went thro with Metropolis. I have sisters house right next to Metropolis and i have even talked to one of the owners there recently.
    I came to know that builder had paid 5 crores. No body would pay 5 crores out of their pocket for no mistake of them. But i know the case has ended in flat owners favour and all is well with LandMark now.
    I can atleast think about 2 other cases where flat owners had to pay a heavy price for builders mistake.

    This blog just warned people and made them aware of the problem at that time. The facts above are from Hindu and i did not get a chance to update on the further happenings. Needless to Say Landmark is a quality builder.

    Good luck

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