Published On : Mon, Jan 16th, 2017

SC rejects N. Kumar’s claim on land in Nara, allows hi-tech park

Nagpur based infrastructure biggy N Kumar Harchandani received a significant setback when the Supreme Court cleared the way for hi-tech park at Nara village by rejecting builder’s claim on the land.

Nagpur Improvement Trust (NIT) reserved 52.63 hectares owned by Suri family and others for the park in its development plan of January 7, 2000. Builder N Kumar representing Gold Touch Real Estate Private Limited inked a pact for purchase of 27.42 hectares from Suri family on August 9, 2002.

NIT agreed to acquire the land and issued a consent letter for the same to the Maharashtra government on January 14, 2005. It also deposited Rs 5.03 crore with the land acquisition officer. But he failed to proceed with the acquisition.

On other hand, the Suri family issued legal notice of termination of all the agreements to the builder on July 4, 2005, owing to non-payment of dues. Subsequently, the builder approached civil court on January 29, 2006.
It was contested on length, but during pendency, NIT came up with a proposal to get the land developed through the owners. However, there was no consensus among the NIT’s trustees and the issue was referred to the government where it remained pending.

Suresh Suri, Shashi Subhash Sahani, and Kamlesh Ravi Choudhary, who owned about 37.7 acres out of the total land contested the suit. The trial court rejected Kumar’s claim on September 17, 2012.

The builder challenged this decision in the high court which was again rejected. Kumar then approach the apex court where the parties were directed to maintain status quo on January 10. The case was reheard on Friday where the division bench rejected the builder’s claim on the land.