Andhra Pradesh High Court
Judges : B.SUBHASHAN REDDY
Road Metal Industry - Appellant
Versus
Secretary to Government Of A.P. - Respondent
Decided On : 10-09-01
Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 – Andhra Pradesh (Telangana Area) Grant of Lease of Lands for Non-Agricultural Purposes Rules,1977 - Contravention of statutory rules - Falsie leases of Government lands in Telangana area may be granted on payment of rent or even free of rent - Petitioner claim validity of decision of Government to part away and alienate huge extent of land adjoining e city of Hyderabad in favor of Educational Society and Tennis Academy falls for consideration in this writ petition - Before delving deep into said important question that falls for consideration it may be interesting to notice stand in principle taken by Government and its understanding about issue as is evident from counter affidavit filed by Joint Secretary to Government, Revenue Department for and on behalf of the State Government basically Government being owner of land can allot it for any purpose which is conducive to welfare of State - There are also some statutory provisions which provided for such assignment - Held, Decision making process is vitiated since its inception decision suffers from both procedural as well as substantial ultra vires - Serious illegality and irregularity has been committed in delivering advance possession of the lands in question to respondents and such delivery of advance possession is without any authority of law - Advance possession has been delivered may be on paper contrary to Alienation Rules as well as Lease Rule very decision proposing to grant lease for a period o years taken subsequent to delivery of possession is contrary to rules - Decision of Government to grant lease of land to respondents is declared illegal and ultra virus - Decision is accordingly set aside action of District Collector Reddy District in delivering advance possession of land in question to respondents is also set aside - Order accordingly – (Para 61)
( 1 ) SHORN of the details of claim of the petitioner _ the validity of the decision of the Government to part away and alienate huge extent of land adjoining the city of Hyderabad in favour of Brahma Kumari Educational Society and Mehesh Bhupati Tennis Academy (respondents 5 and 6 herein) falls for consideration in this writ petition.
( 2 ) THE question that falls for consideration is as to whether the Government has any unlimited discretion to alienate the properties of the State in any manner whatsoever and to whomsoever without any due regard to the relevant statutory scheme ?
( 3 ) BEFORE delving deep into the said important question that falls for consideration, it may be interesting to notice the stand in principle taken by the Government and its understanding about the issue as is evident from the counter affidavit filed by the Joint Secretary to the Government, Revenue Department for and on behalf of the State Government:"basically, the Government being the owner of the land can allot it for any purpose, which is conducive to the welfare of the State. There are also some statutory provisions, which provided inter alia for such assignment e. g. Board s Standing Order No. 24. Further, under the Rules framed under A. P. (Telangana Area) Grant of Lease of Lands for Non-Agricultural Purposes Rules, 1977 under the A. P. (Telangana Area) Land Revenue Act, 1317 Fasli leases of Government lands in Telangana area may be granted on payment of rent or even free of rent. These provisions are not exhaustive and it is respectfully submitted that the Government can grant any Government land on such terms as it deems fit to subserve public good. "
( 4 ) IN the circumstances, the question that squarely falls for consideration is as to whether the executive can alienate any Government land on such terms as it deems fit in contravention of the statutory rules in force governing the subject matter relating to the allotment/alienation of Government lands ?
( 5 ) THE record made available for the perusal of the Court would reveal that the 5th respondent addressed a letter dated 1-3-2001 to the Honourable Chief Minister, Government of Andhra Pradesh to sanction "a suitable land centrally located at Hyderabad at free of costs or at nominal charges" for construction of training centre having training Halls, Modern Audio Visual Library, Meditation Rooms, Spiritual Art Gallery, in- house accommodation etc. The main aim of the said modern training centre is to motivate and educate the public at large to adopt the values, which will be helpful in all the fields of life. This is followed by another letter dated 8-5-2001 addressed to the District Collector, Ranga Reddy District requesting to allot 20 to 25 acres of land at Gachibowli Village, with a copy to the Honourable Chief Minister. The matter appears to have received the requisite attention of the Honourable Chief Minister in principle agreeing for allotment of land. The District Collector, Ranga Reddy District was accordingly directed to examine and send the proposal to the Government through the Chief Commissioner of Land Adiministration. That is how the process for alienation of the Government land appears to have been set in motion.
( 6 ) IT appears from the record that various Government lands in and around Hyderabad were jointly inspected by the representatives of the administration and of parties. Finally, the 5th respondent throught its letter dated 18-5-2001 requested the District Collector, Ranga Reddy District to allot 25 acres of land in Survey No. 91 of Gachibowli village, Serilingampalli Mandal, Ranga Reddy District at free of costs in the name of Brahma Kumaris Educational Society.
( 7 ) THE Mandal Revenue Officer, Serilingampalli Mandal having held joint inspection, submitted a proposal for allotment of 25 acres of land in Survey No. 91 of Gachibowli village in favour of the 5th respondent and an extent of Ac. 3-00 in favour of the 6th respondent. The said la
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