IMPORTANT POINT
The judgment of the High Court under appeal holding that there was hostile discrimination in assignment of lands to Concerned Newspapers and Educational Institutions and thus there was violation of Fundamental Rights of the writ petitioners under Article 14 of the Constitution of India is justified and needs to be upheld.

JUDGMENT

Srikrishna, J.-Leave granted.

2. This group of appeals impugns the common judgment of the Division Bench of the Andhra Pradesh High Court dated 8th May, 2001 in WA 1715/1998, WA 1716/1998, WA 1720/1998, CC 114/2001, CC 115/2001 & CC 116/2001, dismissing the Letters Patent Appeals filed by the State of Andhra Pradesh and quashing a G.O.Ms. No. 38 dated 16.1.2001 (Annex P-4) issued by the Government of Andhra Pradesh.

3. The short facts for disposal of these appeals are as under :

The Government of Andhra Pradesh had taken a policy decision to encourage the functioning of Newspaper Concerns and Educational Institutions, which were finding it difficult to find land within the State at affordable prices. A large tract of 72 acres of vacant land in Survey No. 403 corresponding to T.S.No. 2 of Shaikpet Village of Hyderabad District was owned by the State Government. Out of this land, an extent of 43 acres had been allotted to the Hyderabad Urban Development Authority (HUDA) for the purpose of development of residential plots, which could be sold and proceeds thereof utilized for the formation of the Necklace road around Hussain Sagar lake. The possession of the aforesaid land was handed over to HUDA on 22.5.1993. Pursuant to its policy of granting land to members of the Fourth Estate and educational institutions, the Government resumed 10 acres out of the aforesaid 72 acres. 8 acres of land therefrom was allotted to Newspaper concerns and 2 acres of land was allotted to Roots Public School. This was done pursuant to the policy of the Government and a scheme for encouraging Newspaper Concerns and Educational Institutions and to provide incentives to them by assigning lands at affordable prices. Pursuant to the said scheme by G.O.Ms.No. 199 dated 23.2.1994, 2 acres of land was assigned to M/s. Roots Educational Society Private Limited at the rate of Rs. 200/- per sq. yard and possession thereof was delivered to the said Society on 17.5.1994. By G.O.Ms. No. 800 dated 5.8.1994, 2 acres of land was assigned to M/s. DOT Publishers (Publishers of Andhra Jyothi daily Newspaper). Similarly, by another G.O.Ms.No. 1096 dated 31.10.1994 (Annex P-1), two acres of land was assigned on M/s. Balaji Administrative Services (P) Ltd. By G.O.Ms. No. 1098 dated 31.10.1994 (Annex-P1), two acres of land was assigned to M/s. Maharshi Publishers Private Ltd. and by G.O.Ms.No. 1099 dated 31.10.1994 (Annex P-1) two acres of land were assigned to M/s. Creative Industries private Limited.

4. Before assignment of the lands, the State Government had called for a report from the District Collector for fixing the value of the assigned lands and for collecting the price from the assignees. The District Collector of Hyderabad sent a report fixing the value of the land at Rs. 200/- per sq. yard. At that rate, each of the assignees was called upon to deposit Rs. 19,36,000/-. M/s. Balaji Administrative Services Pvt. Ltd., M/s. Maharishi Publishers Pvt. Ltd. and M/s. Creative Industries Pvt. Ltd., each deposited the said amount of Rs. 19,36,000/- on 29.11.1994. However, for some reason, possession of the land was not delivered to the said three assignees though they had complied with all conditions stipulated in the respective Government Orders. In glaring contrast, Roots Public School had been delivered possession even as early as 17.5.1994, although the full price had not been paid by it. The said School was given the facility of paying the amount in five equal instalments and it was admitted that possession was delivered after receipt of the first instalment equal to 1/5th of the price. Similarly, in the case of M/s. DOT Publishers, possession was delivered on 31.8.1994 without collecting any amount from them, though, according to the State Government, M/s. DOT Publishers had paid the amount of Rs. 19,36,000/- in two instalments of Rs. 5 lacs and Rs. 14,36,000/-