1992 Supreme(AP) 158
Andhra Pradesh High Court
Judges : M.N.RAO, V.NEELADRI RAO
Public Vigilance, Bharadwaja - Appellant
Versus
Chief Secretary, Government Of A.P. - Respondent
W.P.No.338 & 1638/91
Decided On : 03-12-92
Advocates Appeared :
Mr. P.R. Ramachandra Rao,Mr. C. Venkata Krishna,Mr. S. Ramachandra Rao
Headnote:CONSTITUTION OF INDIA, Arts141, 142 and 226 - Compromise decree granted by Supreme Court in a public interest litigation case - Subsequent writ petitions filed in High Court by different parties questioning indirectly the decree granted by Supreme Court - Not maintainable
Held : The writ petitions are not maintainable The judgment of the Supreme Court cannot be interfered by any Court If anyone feels aggrieved the only course open is to seek review of the judgment from the highest Court
( 1 ) AS the reliefs sought in these two writ petitions are identical we are inclined to dispose of the same by this common judgment. The petitioners in Writ Petition 338/91 is an organisation styled as public vigilance represented by one Y. Bharadwaj, its Joint Secretary. The Organisation claims to be interested in protecting rights and privileges of citizens. The petitioner in Writ Petition 1638/91 is Sri K. Ananta Rao, an advocate practising in this High Court.
( 2 ) AN extent of 42 acres and 25 guntas of site at Malakpet, Hyderabad city, commonly known as "mahboob Mansion" was acquired by the State government for the Andhra Pradesh Housing Board for the purpose of construction of housing-cum-market complex, and the site was handed-over to the Housing Board on 21st January 1980. Proceedings were initiated for acquisition in May, 1972 for implementation of the housing scheme. The housing Board negotiated with the owners of the Mahboob Mansion who were members of the royal family of the erstwhile Nizam of Hyderabad, settled the price at Rs. 21/- per square yard and requested the Government to acquire the land. Permission was accorded to the Housing Board by the Government by g. O. Ms. No. 95 dated 27th July, 1974. Draft declaration under Section 6 of the land Acquisition Act was published in the Andhra Pradesh Gazette dated 16th june 1975 mentioning that the land was needed for the specified purpose - "for construction of A. P. Housing Board quarters". Award was passed by the Land acquisition Officer on 16th January 1980. In accordance with the agreed price of Rs. 21/- per square yard and on deposit of Rs. 42,80,000/- by the Housing board possession was handedover to the Housing Board.
( 3 ) THE Andhra Pradesh Agricultural Market Committee, Hyderabad had requested the State Government to initiate proceedings to acquire land at mahboob Mansion for establishment of an agricultural market in the year 1973. The State Government notified, in the meanwhile, the development plan of hyderabad by G. O. Ms. No. 470 dated 6th November 1973 in the official Gazette under the provisions of the Municipal Corporation of Hyderabad Rules, 1967. In accordance with the procedure contemplated under the said rules, objections were called for and after considering the objections, the development plan was sanctioned under the provisions of Section 464 of the Hyderabad Municipal corporation Act read with Rule 13 of the Municipal Corporation of Hyderabad (Development Plan) Rules, 1967. Under the said development plan, Mahboob mansion was earmarked for development as one of the seven district commercial centres.
( 4 ) SECTION 45 of the Andhra Pradesh Housing Board Act empowers the Board to lease out its land or buildings subject to any rules made by the Government. Rule 29 of the Housing Board Rules incorporates the procedure for disposal of the Board s property or sale of its land; the Board is permitted to sell or lease out its property by public auction. Dispensing with the above procedure, the government, acting under Rule29 of the said rules, issued G. O. Ms. No. 23 dated 29-3-1980 accord ing sanction for transferring Mahboob Mansion on a permanent lease for 99 years to the Agricultural Market Committee, Hyderabad for the purpose of developing the land as commercial complex. The Government also permitted the Market Committee to sub-lease the land divided into 444 individual plots to wholesale grain merchants for a period of 99 years.
( 5 ) ALLEGING that the whole exercise was mala fide and thatpersons occupying high positions in the Governmental hierarchy betrayed the trust reposed in them, Writ Petition 8860/81 was filed in this Court by way of public interest litigation by an organisation styling itself as Malakpet Citizens Forum. It was alleged therein mat at a scandalously low consideration of Rs30-40 per square yard against the then current market value of Rs. 500/- per square yard the land was sold away and in doing so fun