Andhra Pradesh High Court
Judges : G.BIKSHAPATHY
Divyanagar Plot Owners Association - Appellant
Versus
Government Of A.P. - Respondent
Decided On : 07-12-00
A. P. Public Societies Act, 1350 - Gram Panchayat - Demanding petitioners to pay a sum - Writ Petition filed seeking a writ of mandamus declaring the action of the 2nd respondent in not regularizing and releasing the layout in respect of land belonging to the members of the petitioner-association and demanding the petitioners to pay a sum towards development charges and towards processing charges vide letter without implementing Clause (10) of G. O. M. A. Department and subsequent direction issued vide letter as illegal, arbitrary and for consequential directions - Held, Following the above dicta of the Supreme Court and considering the purpose of the Act, Court is fully satisfied that the directions issued by the Government in G. O. Ms. M. A., reiterated in the letter are contrary to Section 14 (2) of the Act - Very purpose of the Act would be frustrated if the Government gives such a direction to release the layout and collect the development charges from the individual landowners when they make application seeking building permission when the statute itself provides that the application shall be accompanied by prescribed fee - However, it is always open for the Government to issue directions for proper implementation of the Act, which includes efficient administration of the Act - Petition dismissed
( 1 ) THIS Writ Petition is filed seeking a writ of mandamus declaring the action of the 2nd respondent in not regularizing and releasing the layout in respect of land measuring Ac. 52-11 guntas in S. Nos. 50, 51 parts, 52, 53 and 54 parts situated at Kachiwanisingaram Village, Ghatkesar Mandal, Ranga Reddy District belonging to the members of the petitioner-association and demanding the petitioners to pay a sum of Rs. 10,57,764/- towards development charges and Rs. 4,23,106. 00 towards processing charges vide letter 9647/p7/rl/huda/98 dated 25-9-1999 without implementing Clause (10) of G. O. Ms. No. 469 M. A. Department dated 31-7-1999 and subsequent direction issued vide letter dated 1-11-1999 as illegal, arbitrary and for consequential directions. The petitioner is the President of the plot owners association in respect of the land situated in Sy. Nos. 50, 51, 52, 53 and 54 parts of Kachiwanisingaram Village, Ghatkesar Mandal, Ranga Reddy District. It is his case that the plot owners in the layout in S. Nos. 50, 51 parts, 52, 53 and 54 parts have initially formed into an association and subsequently got registered as an Association under A. P. (Telangana Area) Public Societies Act, 1350 fasli. It is his further case that the land in question falls in the hamlet of Pratapa Singaram Gram Panchayat and the Gram Panchayat had sanctioned and approved the layout in 1973. All the plot owners purchased plots in the abovesaid layout. Hyderabad Urban Development Authority, the 2nd respondent herein, issued a notification directing that wherever layouts are not approved they may be got regularized by paying the necessary fee. In pursuance of such a notification the petitioner-association submitted an application to the Divisional Panchayat Officer, East Division, Ranga Reddy District on 4-9-1998 along with the layout copies and relevant papers issued by the Gram Panchayat for onward transmission to the 2nd respondent for regularization of the layout. After considering the layout submitted by the petitioner, the 2nd respondent asked the petitioner to pay development charges of Rs. 10,52,764. 00 and processing fee of Rs. 50,000. 00 in connection with the change of land use and required the petitioner to comply with the same within 30 days. Accordingly the petitioner-association has remitted a sum of Rs. 50,000. 00 vide Challan No. 4034 dated 29-6-1999 and Rs. 10,52,764. 00 vide Challan No. 4036 dated 29-6-1999. It is also stated that the petitioner-association also deposited another sum of Rs. 5000. 00 on 7-7-1999 towards shortfall amount of development charges. Thereafter the Government issued G. O. Ms. No. 469 MA dated 31-7-1999 converting to area into Residential Zone. The 2nd respondent thereafter directed the petitioner-association to pay a sum of Rs. 10,57,764. 00 towards development charges and Rs. 4,23,106. 00 towards processing fee, totalling to Rs. 14,80,87. 00 for regularizing the layout. As the petitioner-association is not in a position to pay the said amount, they approached this Court seeking appropriate directions. The Government in this letter dated 1-11-1999 reiterated the direction issued in G. O. Ms. 469. Since the 2nd respondent has not released the layout duly regularizing the same by implementing the orders of the Government, the present writ petition has been filed.
( 2 ) THE learned Counsel for the petitioner submits that the directions issued by the Government in G. O. Ms. No. 469 dated 31-7-1999 are binding on the 2nd respondent under Section 34 of the Andhra Pradesh Urban Areas (Development) Act, 1975 (the Act, for brevity) and, therefore, there is no other option left to the 2nd respondent except to release the final layout duly regularizing the same as required in the G. Os. , mentioned in G. O. Ms. No. 469 dated 31-7-1999.
( 3 ) ON the other hand, it is contended by the learned Standing Counsel for the 2nd respondent that the Government has no power to issue such directions under Section
SupremeToday
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.