Andhra Pradesh High Court
Judges : B.SUDERSHAN REDDY
Road Metal Industry - Appellant
Versus
Government Of A.P., Revenue Department - 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 - Alienate huge extent of land adjoining - Relevant statutory scheme - Court would reveal that respondent addressed a letter to Honorable Chief Minister government - Andhra Pradesh to sanction a suitable land centrally located free of cost or at nominal charges for construction of Training Centre having training Halls Modern Audio visual Library Meditation Rooms Spiritual art Gallery house accommodation etc - Main aim of said modern training centre is to motivate and educate public at large to adopt values which will be helpful in all fields of life – Held, Court in this judicial review proceeding is concerned with validity of decision making process of Government to allot land requirements to observe statutory rules cannot be given a go-by - A decision which is contrary to statutory scheme is liable to be struck down - There is no need to refer in detail averments made in counter-affidavit filed by respondent intends to establish an academy in Andhra Pradesh to serve e needy and talented people in Andhra Pradesh in field of Tennis and to make Tennis village to be a world-class tennis training centre and an effective base to produce top class Tennis players from State of Andhra Pradesh and the country at large - According to averments made in counter-affidavit Government of Andhra Pradesh announced allocation of land in Hyderabad for purpose of establishing Tennis academy by respondent in State of Andhra Pradesh - There is no quarrel with objects sought to be achieved by respondent -Issue relates to legality and constitutionality of decision taken by Government - Writ petition accordingly(Para 55)
( 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 Mahesh 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: 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 cost or at nominal charges" for construction of Training Centre having training Halls, Modern Audio visual Library, Meditation Rooms, Spiritual art Gallery, 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 Administration. 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 through its letter dated 18-5-2001 requested the district Collector, Rangareddy District to allot 25 acres of land in Survey No. 91 of gachibowli village, Serilingampalli Mandal, ranga Reddy District at free of cost 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 land forms part
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