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2014 Supreme(SC) 972

SUPREME COURT OF INDIA
J. Chelameswar and S.A. Bobde, JJ.
G. Manikyamma and others - Appellants
Versus
Roudri Co-operative Housing Society Ltd. and others - Respondents
Civil Appeal Nos. 10534-10535 of 2014 (Arising out of SLP (C) No. 26315-26316 of 2013) With Civil Appeal No.10536 off 2014 (Arising out of Special Leave Petition (Civil) No.38017 of 2013)
Decided On : 25.11.2014.

Advocate Appeared:
For the Appearing Parties :Adinarayana Rao, Senior Advocate, G.V.R. Choudary, K. Shivraj Chouduri, A Chandra Sekhar, P. Venkat Reddy, Sumanth Nookala, M/s. Venkat Palwai Law Associates, D. Mahesh Babu, S. Ashokanand Kumar, M.P. Shorawala, G.N. Reddy, Advocates.

Headnote:

Constitution of India, 1950 - Articles 14, 21 and 300-A - Urban Land (Ceiling and Regulation) Act, 1976 - Protection of Human Rights Act, 1993 - Code of Civil Procedure, 1908 - Section 9 - Implementing order of State Human Rights Commission - Prayed that this Honble Court may be pleased to issue a writ, order or orders more particularly one in nature of writ of mandamus declaring action of respondents in not implementing order of State Human Rights Commission in HRC by shifting hut dwellers from an extent of land and not accommodating them in alternative site inspite of assurances given by 2nd respondent by 4th respondent, G.O. and orders in HRC passed by Honble State Human Rights Commission Hyderabad as arbitrary, illegal and against principles of natural justice - Held, there is neither any examination nor any determination by any competent body of the rights of first respondent Society and its members on one hand, and encroachers on other hand, for that matter, even the rights and authority of State over the property in dispute - It appropriate to set aside orders of Andhra Pradesh Human Rights Commission and judgment of learned Single Judge in Writ Petition and also judgments in Writ Appeal and judgment in Writ Appeal leaving it open to parties to seek their remedies before appropriate fora, if they are so advised – Direction issued to all parties including authorities of State to maintain status quo obtaining as on today with respect to possession of various parties until competent court/forum determines rights of first respondent Society and also encroachers with respect to land in question - Appeals disposed of.

JUDGMENT :

J. Chelameswar, J.

Delay condoned. Permission to file SLP is granted. Leave granted in the SLPs.

2. Special Leave Petition (Civil) Nos.26315-26316 of 2013 has been filed by nine petitioners aggrieved by the orders dated 02.7.2012 and 24.01.2013 of the High Court of Andhra Pradesh in Writ Appeal No.580 of 2011 & WAMP No.59 of 2013 in Writ Appeal SR No.6051 of 2013, both of these filed aggrieved by the judgment dated 11.7.2011 passed in WPMP No.19151 of 2011 in WP No.10414 of 2011 and Order dated 26.12.2012 passed in WP No.10414 of 2011.

3. Special Leave Petition (Civil) No.38017 of 2013 has been filed by the Government of Andhra Pradesh aggrieved by the judgment of the High Court of Andhra Pradesh in Writ Appeal No.1125 of 2013 arising out of Writ Petition No.10414 of 2011 and connected matters.

4. Writ Petition No. 10414 of 2011 was filed by M/s. Roudri Co-operative Housing Society Limited which is the first respondent in all the appeals herein. The said writ petition was filed seeking a writ of mandamus with various prayers which read as follows :

"For the reasons stated in the accompanying affidavit, it is therefore, prayed that this Hon'ble Court may be pleased to issue a writ, order or orders more particularly one in the nature of writ of mandamus declaring the action of the respondents in not implementing the order dated 18.3.2011 of the State Human Rights Commission in HRC No.758/2011 by shifting the hut dwellers from an extent of land admeasuring Ac.4-10 guntas in Sy. Nos.82, 122, 123(P) of Saidabad Mandal, Hyderabad District and not accommodating them in the alternative site inspite of the assurances given on 20.01.2006 by the 2nd respondent on 25.02.2006 by the 4th respondent, the G.O.Ms No.1451 dated 06.12.2008, G.O. Memo No.65122/UC.IV/97-6 dated 06.12.2008 and the orders dated 18.03.2011 in HRC No.758 of 2011 passed by the Hon'ble State Human Rights Commission Hyderabad as arbitrary, illegal and against the principles of natural justice and also Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to evict the hut dwellers there from and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

It can be noticed that the first prayer is for implementation of the order dated 18.3.2011 of the State Human Rights Commission in HRC No.758/2011. The operative portion of the said order is as follows:

"In the circumstances, pending final disposal of this case and H.R.C. No.510/2011 after hearing all the parties, the Collector, Hyderabad District is directed to consider shifting of the hut-dwellers of Singareni Colony from an extent of Ac.4-10 guntas belonging to M/s. Roudri Cooperative Housing Society to the Munaganuru Village of Hayathnagar Mandal of Ranga Reddy District, where an extent of Ac.2.00 has been identified for temporary rehabilitation of the hut dwellers and also to see that no new huts are erected on the extent of Ac.4.10 guntas of land and report compliance by 8.4.2011."

The case of all the appellants herein is that the State Human Rights Commission has no jurisdiction to pass any order, such as the one extracted above (order dated 18.03.2011) for the implementation of which Writ Petition No.10414 of 2011 was filed. The appellants also raised various other questions regarding the correctness of the orders passed by the High Court, the details of which will be considered later.

5. The factual background in which these matters arise is complicated as the litigation is almost four decades old now.

6. The first respondent Society entered into an agreement of sale dated 05.4.1981 for purchase of 25 acres of land in Survey Nos.82, 122 & 123 Part situated at Saidabad village and Mandal, Hyderabad District with six persons. According to the Society, three of them were the owners and the other three were the protected tenants on the land in dispute. It is the case of all the parties herein that the land was urban vacant l




























































































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