Andhra Pradesh High Court
Judges : BILAL NAZKI
Mehernosh H.Chenoy - Appellant
Versus
State OF A.P. - Respondent
Decided On : 01-20-05
Constitution of India - Article 300-A - Land Acquisition (A. P. Extension and Amendment) Act-XX of 1959 - Hyderabad Land Acquisition act, 1319 Fasli - Land Acquisition Act, 1894 - Land acquisition - Relief is claimed - petitioners are cousins and their mothers, who were sisters in between themselves, were daughters of one late Petitioners contend that Aerodrome was constructed by erstwhile Government of nizam - Expansion of Aerodrome was carried and for that purpose land was acquired in phases - Notification was published under the Hyderabad Land acquisition Act. In the said publication, survey numbers of the land, sought to be acquired, were published, but the boundaries of the land proposed to be acquired were not described. Draft notification was published in the Gazette and Draft Declaration was published in Gazette - Land bearing belonging to the petitioners grandfather was also sought to be acquired for extension of the Aerodrome. Survey Number 171 is part referred to in Revenue Records as Mazi Survey and the then authorities had granted the patta of an extent of Ac. 3-18 guntas -Aerodrome authorities took over possession of the land from the erstwhile revenue authorities in or joint claim petition was filed by the father of petitioner No. 1, father of petitioner No. 2 and, claiming compensation for the land acquired - Special Deputy Collector, Land acquisition General sought information from the Airport authorities about the factum of having taken possession of the land - Held, Airport authorities have denied having taken the land. The survey conducted by the second respondent-Special Deputy collector, Hyderabad, in 2004 shows that the land is in occupation of certain other encroachers and not in the occupation of the Airport authorities, but the encroachers were not made parties to this writ petition. Without their eviction, respondents cannot be forced to pay compensation, and eviction cannot be ordered without the encroachers being parties to this writ petition. That apart, the letter by the special Deputy Collector to the Collector, hyderabad, would not be a conclusive proof of acquisition as well ^ as possession of the land by the Airport authorities. There is another aspect of the matter that the respondents have claimed, i. e. , the land for which compensation is being sought by the petitioners belongs to the Government and therefore, there was no question of granting compensation to anybody. It was also contended that the land that was sought to be acquired under S. No. 37 was not the land, which was being claimed by the petitioners. These are all questions of fact, which could not be settled by this Court in these proceedings - Writ petition is accordingly dismissed.
( 1 ) THIS writ petition has been filed in the year 1991. Petitioners seek a writ directing the respondents to initiate Land acquisition Proceedings afresh by publication of requisite Notifications and Declarations, so that an award is made in terms of the provisions of the Land Acquisition Act, 1894 (for short the Act ) with respect to the land in Survey No. 171 Mazi Survey No. 37 in Thokatta Village. This relief is claimed on the following assertions:
( 2 ) THAT the petitioners are cousins and their mothers, who were sisters in between themselves, were daughters of one late rustomji Jamshedji Chenoy. Petitioners contend that Begumpet Aerodrome was constructed by erstwhile Government of nizam. The expansion of the Aerodrome was carried in or about November, 1947, and for that purpose land was acquired in phases. In November, 1947, a notification was published under the Hyderabad Land acquisition Act. In the said publication, survey numbers of the land, sought to be acquired, were published, but the boundaries of the land proposed to be acquired were not described. Draft notification was published in the Gazette No. 39 dated 7th Sherawar 1356 Fasli and Draft Declaration was published in Gazette No. 6 dated 10th Dhaix 1356 Fasli. The land bearing Survey No. 171 of Thokatta Village belonging to the petitioners grandfather Rustomji Jamshedji chenoy was also sought to be acquired for extension of the Aerodrome. Survey Number 171 is part of the old Survey No. 37 referred to in Revenue Records as Mazi Survey no. 37 and the then Jagir authorities had granted the patta of an extent of Ac. 3-18 guntas to Rustomji Jamshedji Chenoy. The Aerodrome authorities took over possession of the land from the erstwhile revenue authorities in or about 1948. In april, 1956, a joint claim petition was filed by the father of petitioner No. 1, father of petitioner No. 2 and Rustomji Jamshedji chenoy, claiming compensation for the land acquired. The Special Deputy Collector, Land acquisition General, Hyderabad, sought information from the Airport authorities about the factum of having taken possession of the land. In 1968, the Begumpet Airport authorities confirmed that land in S. No. 171, belonging to Rustomji Jamshedji Chenoy, was taken over by Director General, Civil aviation. The Special Deputy Collector, land Acquisition General was thereupon requested for finalizing the payment of compensation as he was seized of the matter. Thereafter the claim of the petitioners to the title of the land in S. No. 171 was referred to the Board of Revenue, who after careful consideration of the entire matter gave directions in B. P. Rt. No. 3374/ 76 dated 24-9-1976 directing the Special deputy Collector to settle the claim and to pass the award. Instead of passing the award, the Special Deputy Collector, Hyderabad, once again referred the matter to the State government seeking clarification with regard to applicability of the Urban Land ceilings Act to the cases pertaining to the lands acquired. According to the petitioners, on Government instructions all the acquisition proceedings were kept in abeyance. But according to the information of the petitioners, the Government was reported to have advised that as the land had already vested in the Government before the enactment of Ceiling Act, it would not make a difference. The petitioners claim that though there was no impediment for passing of the award and payment of compensation, yet the Land Acquisition Authorities delayed the matter and have not taken any steps for finalisation of the award and payment of the compensation. It is further submitted that the Land Acquisition proceedings were initiated under Hyderabad land Acquisition Act. The Land Acquisition act of 1894 was made applicable to hyderabad under the Land Acquisition (A. P. Extension and Amendment) Act-XX of 1959 from 15-10-1959. The said Act was amended by Act-68 of 1984. In terms of Section 11 (A) of the Act, an award has to be made
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