B. SUDERSHAN REDDY, J.

( 1 ) I do not think that anyone can say what will be left of those (fundamental principles of enquiry and fair play which our constitutions enshrine):"i do not know whether they will serve only a counsels; but this much i think I do knowthat a society so riven that the spirit of moderation is gone, no Court can save; that a society where that spirit flourishes, no Court need save; that in a society which evades its responsibility by thrusting upon the Courts the nurture of that spirit, that spirit in the end will perish. ". . . Judge Learned Hand. There is a beautiful and tiny village called Manikonda, surrounded by hillocks, adjoining the Hyderabad metropolis, which remained unaffected by the modern civilisation till recently. It was once a Jagir village under the supervision of Jagirdar. The Jagirs were abolished long time ago after liberation of the State of Hyderabad from Nizam s Rule. As elsewhere in the country, the tiny villages which were hitherto peacefully adjoining the metropolis of hyderabad are now affected by urbanisation, industrialization leading to over exploitation of resources and depletion of traditional sources. Natives are displaced by resourceful and enterprising strangers. They have become helpless in their own land. Manikonda is one such village. Rapid expansion of the city, explosion of population perhaps led to destruction of culture and agriculture in this tiny village also.

( 2 ) THE Government of Andhra Pradesh owns vast extents of lands in this village. The lands are classified, in the revenue records, as Poramboke and kancha Sircari. The Government of Andhra Pradesh appears to have decided as early as in the year 1987 to hand over possession of an extent of 1007. 23 acres of land to Hyderabad Urban Development Authority (HUDA) for Development of land. It is out of this extent, an extent of 250 acres has been carved out and given to the Indian School of Business (for short ISB ), to set up a premier business management school for imparting training in the field of business and allied areas to the students from all over the World. It is this giving away of the land by the Government of Andhra Pradesh, is challenged in this Court by an organisation in the perceived public interest. According to the Government of Andhra Pradesh, the location of ISB at Manikonda is guided by the over all ambience of the area. It is stated that within a radius of 1. 5 Km. from the proposed location of ISB at Manikonda, numerous educational institutions, research and training courses (sic. Centres) are already functioning, such as: (A) Regional Telecom Training Centre and Institution of Department of telecommunication, Government of India; (b) Environmental Protection, Training and Research Institute; (c) Jawaharlal Nehru Institute of Developing of Banking (promoted by the IDBI); (d) Indian Institute of Information Technology; (e) Hyderabad Central University; (f) Indian Immunologicals promoted by the National Dairy development Board; and (g) State Bank of India Rural Development Institute.

( 3 ) POSSESSION of an extent of 200 acres of land had already been handed over for establishment of National Urdu University. Out of number of sites in and around Hyderabad, decision to locate the ISB at Manikonda village was taken mainly in view of the proximity of its location to the Indian Institute of Information Technology and also the fact that there are large number of educational institutions/research centres around the said area.

( 4 ) ACCORDING to the petitioner, the lands belonging to the Government, including the land, which is now made available to the ISB are being cultivated. by several landless poor and small farmers who are staying in and around the said village. The ryots are entitled for grant of pattas/assignment as the said lands are under the personal cultivation of landless poor and weaker sections of the society. Their demand for grant of pattas is stated to be under the consideration

Click Here to Read the rest of this document