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1995 Supreme(AP) 96

Andhra Pradesh High Court
Judges : S.R.NAYAK
Vidya Nagar Housing Co-operative Society Ltd., Hyderabad - Appellant
Versus
State OF A.P. - Respondent
W.P. No. 15369/92
Decided On : 02-24-95
Advocates Appeared :
Sri. S. Suryaprakasa Rao

Headnote:Basic Value Register - Rates in register though relevant but not the sale criteria for determining market value of property

S. R. NAYAK, J.

( 1 ) THE petitioner is a House Building Co-operative Society registered under the provisions of the Hyderabad Cooperative Societies Act, 1951. In this writ petition the petitioner society has sought for declaration that the action of the third respondent-- Sub-Registrar of Stamp and Registration, Hyderabad in keeping the sale deed dt. 16-11-1992 pending adjudication under S. 47a of the Stamp Act, 1899, for short the Act , as illegal and void. It has further sought for a writ of mandamus to the respondent to release the document of sales executed on 16-11-1992 by the Additional Chief Judge-cum-Special Judge for SPE and ACB cases in pursuance of the decree for specific performance in O. S. No. 560/85, dated 11-1-1989 in favour of the petitioner society and to permit the petitioner-society to execute and register the sale in favour of its members as directed by the Government in G. O. Ms. No. 583 dt. 9-7-1991.

( 2 ) THE petition averments disclose that the petitioner-society was established for providing house sites to its members and to help its members in obtaining loans from the Government and the Andhra Pradesh Cooperative Housing Federation, One Sri Yousuff Ali Khan had certain urban property in Jamisthanpur, Vidyanagar, Musheerbad village. Sri Yousuff Ali Khan submitted a declaration under S. 6 (1) of the Urban Land (Ceiling and Regulation) Act, 1976 for short the ULC Act and the Special Officer and the Competent Authority prescribed under the ULC Act had dealt with the same in C. C. No. 2457/76. He had a total extent of 16,015 sq. meters and an extent of 9. 366 sq. nits, comprised in Survey Nos. 2 and 3 Musheera-bad village was determined to be excess land. The Government issued G. O. Ms. No. 4270, dt. 10-9-80 enabling the surplus land-holders to alienate the excess lands under the Urban Land Ceiling to sell to genuine Co-operative Societies. This order was later superseded by the Government order G. O. Ms. No. 136 dt. 28-1-1981. In the said G. O. dt. 28-1-1981 the surplus land holders can sell excess land to the Housing Co-operative Societies on certain conditions. One of the conditions was that the excess land holder should sell the excess land to the Co-operative Housing Societies as per the scheme framed by the Government in which rates were fixed for each zone. The aforementioned land fell in the Zone No. III and the rate payable by the Government for the excess land to the landholders was Rs. 7. 00 per sq. ratter. Under G. O. Ms. No. 136, the excess land-holders could sell the land for rate not exceeding five times more than the rate fixed by the Government for that particular zone. Late Yousuff Ali Khan had entered into an agreement with the petitioner society on 17-11-1980 undertaking to sell 5,042 sq. meters of excess land to the petitioner society at the rate of Rs. 35. 00 per sq. mtr. Originally, this land was earmarked by the Municipal Corporation of Hyderabad for recreational purpose and the petitioner society made efforts and submitted representations to the Government for change of land use and at its instance, the said area was converted from recreational zone to residential zone vide G. O. Ms. No. 261, Municipal Administration dt. 16-3-1982.

( 3 ) YOUSUF Ali Khan submitted an application to Government for exemption under S. 20 (1) (a) of the ULC Act. Yousuff Ali Khan died on 17-1-1982 before the application filed by him for exemption was decided by the Government. In the interregnum the Government imposed a blanket ban on -granting exemptions to Co-operative Housing Societies, and that led to the filing of several writ petitions in this Court by the Co-operative Societies. The writ petitions were allowed by the Division Bench of this Court and the Government was directed to deal with the applications for exemptions of each society on merit. The State appealed against the judgment of the Division Bench of this Court before the Supreme Court and that appeal was pending before the Supreme











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