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Andhra Pradesh High Court
Judges : B.SUDERSHAN REDDY
State Motor Transport Operators Association, Secretary, Mir Zahed Ali - Appellant
Versus
Commissioner of Transport, Government Of A.P., Hyderabad - Respondent
Decided On : 04-11-01
Held : Question as to whether a particular scheme framed in exercise of statutory provisions is in the public interest or not has to be determined according to the need of the time and a final decision for all times to come cannot be taken.
The land acquired for public purpose can be utilised by the state or its instrumentality for any other public purpose. In fact the subsequent events after the acquisition of the land for a public purpose are bound to be taken into consideration by Authority concerned to decide as to whether the land is required for the very same public purpose or should be utilised for any other public purpose. The court in exercise of its jurisdiction under art. 226 of the Constitution of India could not normally interfere as along as the acquired land is used for a public purpose. The said public purpose could be a different one than the one for which the land has been acquired.
In the instant case the land was acquired for a public purpose for providing a Truck Terminal at Moosapet. The subsequent events would disclose that the project could not be successfully implemented. In the meanwhile there is a sea change in the ground reality. The land is now in the midst of the residential locality and abutting one of the biggest residential complex in the South-East Asia. The government and the Urban Development authority having examined the issue came to the conclusion that it is not feasible to utilise the land for the same purpose for providing and establishing a Truck terminal. The land is proposed to be utilised for residential/commercial purpose. In fact the Hyderabad Urban development Authority contemplates modification in the Master Plan proposing to reserve this land for residential/ commercial purpose. The land continues to be part of development area. The proposed utilisation cannot be said to be not a public purpose.
At any rate the land in question has never been acquired for the benefit of the petitioners association. The land was acquired for the public purpose for providing Truck Terminal with a view to avoid the entry of lorry traffic into the twin cities of Hyderabad and Secunderabad. The terminal itself was sought to be set up with a view to avoid traffic congestion in the twin cities. The land was obviously acquired in the public interest and it was never meant for protecting the interest or providing any particular benefit to the petitioners association.
The land was acquired for the benefit of the Urban Development Authority and the entire compensation has been deposited by the Authority and the same was accordingly paid to the owners of the land.
( 1 ) THE petitioner is an association representing the Motor Transport Operators in the State of Andhra Pradesh. It prays for issuance of a Writ of Mandamus directing the respondents to develop and implement the Truck Termina1 Project at Moosapet, rangareddy District in the land already acquired for the said purpose. It seeks appropriate directions for implementation of a Governmental Order in G. O. Ms. No. 74, MA dt. 24-12-1993.
( 2 ) IT may be necessary to briefly notice the relevant facts leading to filing of this writ petition.
( 3 ) THE Hyderabad Urban Development authority prepared Master Plan in the year 1981 in purported exercise of power conferred under the A. P. Urban Areas (Development) Act, 1975 (for short the act ). The Master Plan notified in the year 1981 identified Moosapet as one of the locations for establishing and setting up a truck Terminal on the Hyderabad-Bombay national Highway. The Hyderabad Urban development Authority itself was constituted by the Government of Andhra pradesh under the provisions of the said act on 2-10-1975.
( 4 ) THE Authority accordingly sent proposal for acquisition of about 33-00 acres of land in Moosapet. The Collector, rangareddy District was authorised to acquire the land on behalf of Hyderabad urban Development Authority. The collector accordingly approved the notification under Sec. 4 (1) of the Land acquisition Act 1 of 1894 ( for short the land Acquisition Act ) and notified the same in the State Gazette on 18-12-1980. There is no dispute whatsoever that the land itself was acquired for and on behalf of the Hyderabad Urban Development authority and the entire compensation payable to the land owners was paid by the authority. Some disputes arose between the owners of the land and the Hyderabad urban Development Authority in respect of the proposed acquisition with which we are not concerned for the present in this writ petition. The fact remains that the lands were acquired for public purpose to wit, for establishment of Truck Terminal at moosapet.
( 5 ) THE notification issued by the District collector under the provisions of the Land acquisition Act and the subseauent proceedings under the Land Acquisition act in unmistakable terms reveal that the lands were acquired for public purpose, namely for establishment of Truck Terminal at Moosapet. The land was never acquired and meant for utilisation as such exclusively by the petitioners association. It is entirely a different matter altogether even the members of the petitioners association would have derived some benefit if the truck Terminal was established for which purpose the lands have been acquired. The land was obviously acquired for the benefit of the Hyderabad Urban Development authority for development of a Truck terminal so as to regulate the Highway traffic to bypass the city so that the free flow of local traffic is not hindered. The land was obviously acquired in the public interest and in the interest of twin cities traffic and not for the benefit of the members of the petitioners association.
( 6 ) THE Government of Andhra Pradesh issued G. O. Ms. No. 740, MA, dt. 24-12-1993 whereunder, an Empowered Committee is constituted in order to effectively plan and implement the Moosapet Truck Terminal project on a time bound schedule. The empowered Committee consists of the following members. 1. Vice-Chairman, Hyderabad Urban development Authority. 2. Commissioner of Police. 3. Commissioner of Transport. 4. Collector, Ranga Reddy District. 5. Sri Mohd. Khan, Secretary, TOHAS and General Secy. State Motor transport Operators Association, hyderabad. The gravamen of the complaint in the instant writ petition is that even after the constitution of such Empowered committee as a medium for the purpose of implementing the scheme to set up Truck terminal, the Hyderabad Urban development Authority started acting as though it is the absolute owner of the acquired land. The Hyderabad Urban developme
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