Chennai: In a major blow to the principal opposition AIADMK in Tamil Nadu, Madras High Court on Wednesday quashed the order of the previous Edappadi K Palaniswami (EPS) government to convert late Jayalalithaa's posh Poes Garden residence as a memorial. Questioning the motive behind the move, Justice N Seshasayee dismissed the rationale that it was driven by 'public interest'.
The AIADMK government had initiated the project of turning the palatial Poes Garden residence into a memorial disregarding the claims of J Deepa and J Deepak, Jayalalithaa's niece and nephew respectively and as such her legal heirs. However, it was primarily seen as an attempt to prevent Jayalalithaa's confidante VK Sasikala and her family from occupying it. Sasikala continued to stay there till her incarceration in the disproportionate assets case, after Jayalalithaa's demise.
When Jayalalithaa was alive, a call from Garden would send shivers down the spine for the AIADMK frontline leaders. And it was here that celebrities and leaders of all hues paid obeisance to her, be it for striking electoral alliance or otherwise. Her mother had purchased it in the 1960s.
Tearing apart the AIADMK government's plan, the Judge questioned the need for one more memorial besides the one on the Marina sea front.
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“Veda Nilayam’ is only a few kilometers away from the Phoenix-memorial. Is it not one memorial too many? What is the inspirational story that ‘Veda Nilayam’ may provide which the Marina memorial does not? What then is the public purpose in acquiring a private residence of the former Chief Minister? Beyond the smoke screen of ‘policy decision’, and the Government’s (presumed) prerogative to attribute ‘public purpose’, this Court is still searching for an answer,” reads the verdict.
Further debunking the argument of public interest, Justice Seshasayee said: “In a State where the substantial number of its populace are struggling for a dignified life … Has not the cry of the citizens reached the powers that be? The Daridra Narayanas of this country have been promised El Dorado since independence. ….There is not even an attempt to explain the nature of public purpose or how the public at large would benefit by the acquisition.”
And it was also pointed out that this was indicative of a hangover of the past. “India of today is not the Raj of the yesteryear for its administrators to bask under a fallacy that the wealth of the State is the wealth of the ruler. No, it is the wealth of the ruled – The People,” the judgment reads.
On the petition filed by two AIADMK party men, Pugazhenthi and Janakiraman, seeking to administer the property, the Court said it was nothing but an attempt to create a roadblock for Deepa and Deepak from taking possession. “It is extremely suspicious that these men, whose inner party status was no more than party workers, would have filed these proceedings on their own accord... the needle of suspicion naturally starts tilting towards the motives of the Government,” the Judge said.
Given the sequence of events, it was pointed out that on August 16, 20017 Deepak had moved the Tahsildar for heirship certificate for him and Deepa, though it was Deepak who performed the last rites of Jayalalithaa, who was accorded a state funeral. But, the very next day, the then CM EPS announces on the floor of the Assembly that Vedha Nilayam will be converted into a memorial. The Tahsildar rejected Deepak's request and 'on October 5, 2017 a GO was issued in a tearing hurry granting administrative sanction for the project'.
“Is it a repeat of Solomon Grundy?” asks the Judge. For, in the notices issued for the acquisition process, it was mentioned that the legal heirs were yet to be ascertained. However, the government had deposited Rs 67,90,52,033 towards compensation.
Making it clear that right to property was not merely a 'Constitutional Right but a fundamental right to life', the Court cancelled the conversion order of July 22, 2020 of under the Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013.
“The acquisition fails. The fact that an award has been passed is of no consequence,” the Judge said and directed that the authorities hand over the keys to Deepa and Deepak, the petitioners. Further, the compensation amount has to be returned to the government with interest. The Income Tax Department had been permitted to recover the dues from the duo.
The AIADMK was muted and restrained in its reaction. “The party will look into the verdict and take further steps after due consultations. 'Vedha Illam' where Amma lived is a temple for every AIADMK worker,” said former Minister D Jayakumar.
