HC stays Single Bench order


The Madurai Bench of the Madras High Court has granted a stay on the Single Bench order that directed the Bharat Sanchar Nigam Limited (BSNL) to pay market value of a property in Virudhunagar district after it failed to construct a telephone exchange for which the land was acquired. A sale deed was executed in favour of BSNL in 2001.

A Division Bench of Justices M. Duraiswamy and K. Murali Shankar granted the stay. The case was adjourned by two weeks. The Single Bench had taken a serious view of the fact that the BSNL had not constructed a telephone exchange even after 20 years. While selling the land, the landowner had asked BSNL to name the building after his father.

In its appeal, BSNL said that it was not given a reasonable opportunity. The landowner in the petition before the Single Bench only sought a direction to cancel the sale deed or re-convey the property. But, the Single Bench passed the order to pay the market value of the property or to re-convey the property.

BSNL said that once a sale deed is executed in favour of the purchaser for consideration, then the title of the property is conveyed to the purchaser. Consequently, the vendor of the property is no longer having any right or title over the property. The original landowner has no legal or statutory right to seek re-conveyance or market value of the property, BSNL said.

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