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Andhra Pradesh High Court
Judges : B.P.JEEVAN REDDY, S.S.M.QUADRI
M.Padmanabha Iyengar - Appellant
Versus
Government Of A.P. - Respondent
Decided On : 03-16-90
LAND ACQUISITION - PUBLIC PURPOSE - IMPLEMENTATION OF MASTER PLAN - NOTIFICATION - PURPOSE MENTIONED - VAGUENESS - ENQUIRY UNDER SECTION 5-A - REGULARITY - ALTERNATE SITES - RELIGIOUS INSTITUTIONS - ACQUISITION OF PROPERTY - ARTICLE 26 OF THE CONSTITUTION - APPLICABILITY.
Fact of the Case:
The Government of Andhra Pradesh recognized the title of T. T. Ds. to 10-1/3 square miles of Tirumala village in G. O. Ms. No. 1784. It provided that Tirumala might be declared as a separate village. The G. O. further provided that no land can be alienated to any private persons even if they are permanent residents of the village. It provided further that the T. T. Ds. will be free to acquire the land owned by private persons if it becomes necessary in the interest of maintaining the sanctity of the temple and ensuring that the lands do not pass into the hands of undesirable persons. In view of the ever increasing pilgrim traffic to Tirumala, and with a view to develop Tirumala Town on proper lines, a Master Plan was got prepared by T. T. Ds. for an integrated development of Tirumala. The then Director of Town Planning was entrusted the job. After studying the various aspects of the problem, the Master Plan made several recommendations. Chapter XIV of the Master Plan sets out the "strategy for development of Tirumala". In so far as the four Mada Streets are concerned, paragraph 2 (a) of the said Chapter made the following recommendations:- "2. Economic Activities (a) Shopping and Commercial Facilities: since the present location of the commercial activities along the streets around the main temple is affecting the sanctity of the temple and its pious environment besides causing congestion to the free flow of pilgrim traffic, it is suggested that the said activities are to be shifted to the area in which the present Bus-Stand is located. This area can be developed as a commercial complex eventually with all amenities that are essentially required. It is also suggested to extend this complex up to Sannidhi Street opposite to Thousand-pillars Mantapam and to the north of the Sannidhi Street from East Mada Street up to Papavinasanam Street. To accommodate the petty vendors presently engaged mostly in the business of beads, pictures, toys, etc. , by occupying the open land situated in front of T. T. D. dispensary up to Wood Lands Hotel, a proposal is suggested to construct a commercial centre in a platfrom type in the open space available in Seshadrinagar. These two proposals are suggested not only from the point of maintaining sacred environment around the temple complex but also with a view to take care of both the present and future commercial needs of the residents and pilgrims population in a rational way". Paragraph 2 deals with matters like improvement of facilities viz. , Canteens and Restaurants, Milk Booths, Kalyana Kattas, and Banking facilities. Paragraph 3 deals with other incidental matters, like water supply, Drainage and Sewerage, and Electricity, while paragraph 4 deals with medical and health facilities, Communications, Fire Services, Security arrangements, Religious Institutions, and Reception Centres. Paragraph 5 deals with Traffic and Transportation. This paragraph deals, inter alia, with widening of the Mada Streets and providing several other facilities. Paragraph 6 deals with housing accommodation, while paragraph 7 deals with Landscaping and Conservation. Since the preparation of the said Master Plan, T. T. D. has been taking several steps towards implementation of the same. Copies of proceedings placed before us on behalf of the respondents show that some properties abutting Mada Streets were acquired by private negotiations, but in case of many other properties, private negotiations could not succeed. The object of T. T. D. is clear from the counter-affidavit filed by it. In the counter-affidavit filed by the Executive Officer, T. T. D. , Sri Ch. Venkatapathi Raju, in W. P. No. 4524/ 87, it is clearly stated:"the proposals for the instant acquisition of property were in accordance with background paper for development of Tirumala Area, prepared by Director of Town Planning in order to achieve the integrated, coordinated and harmonious development of Tirumala Hills area, keeping in view the overall need for the preservation of the sanctity of the temple, the sacred environment and the peaceful atmosphere of the entire-hills area. On receipt of the background paper prepared by Director of Town Planning, Andhra Pradesh, eminent Town Planning Architects and Engineers from all over the country conducted a Seminar on 12th and 13th of July 1975 and offered their valuable suggestions on the development plan prepared by the Director of Town Planning, Government of Andhra Pradesh. The said Seminar strongly recommended that the built up and unbuilt up properties of private owners should be taken over by the Tirumala Tirupati Devasthanam authorities by acquisition or otherwise with a view to draw up detailed re-development plans for those areas. After acquiring these properties, the area bounded by Mada Streets all around the temple complex should be cleared off of all structures and developed as a semi-open space for the use of the pilgrims. The dilapidated structures on the either side of the Mada Streets should be dismantled and structures of suitable architectural value be built for providing commercial establishments, halls for religious discourses and for other ancillary use connected with the temple. The instant acquisition was thereby for a public purpose which is the development of Tirumala Hills area, recommended by Director of Town Planning, Government of Andhra Pradesh". The same idea is emphasized in the additional common counter-affidavit filed by the Executive Officer in the batch of writ petitions, where it is stated:"the Seminar of 75 strongly recommended that the built up and unbuilt up properties of private owners should be taken over by the t. T. D. by acquisition or otherwise with a view to draw up detailed re-development plans for those areas. After acquiring these properties the area bounded by Mada Streets all around the temple complex should be cleared off of all structures and developed as a semi-open space for the use of the pilgrims. The dilapidated structures on either side of the Mada Streets should be dismantled and structures of suitable architectural value be built such as halls for religious discourses and for other ancillary use connected with the temple. As an immediate measure it was suggested that encroachments and unauthorised structures abutting temple properties should be removed. Priorities have to be worked out in implementing these programmes and preference should be given to the short range programme which require minimum financial outlays". It is also stated that on account of the lie of the land of Tirumala Hills, the sewerage water and other polluted water is flowing towards the temple; that the water in the pusharini (Bathing Tank) has become highly contaminated and has been posing a danger to the health of persons taking a dip therein, and that from all points of view it is necessary to develop the town in an integrated, pro per manner, to provide for convenience and comfort of pilgrim-traffic, and also for proper communications, drainage and water facilities, environment, as well as ecology of the Tirumala Hills as a whole.
Finding of the Court:
1. The purpose stated in the impugned notifications viz. , implementation of Master Plan, or construction of Kalyana Mantapam, or Choultries, as the case may be, is undoubtedly a public purpose. 2. The acquisition for a purpose stated in general terms, such as "for the execution of the Interim General Plan for the Greater Delhi", or "for the planned development of Delhi", cannot be described as vague or imprecise, particularly where the notification pertains to a large extent of land. 3. The enquiry under S. 5a in these cases has not been held in accordance with law, or that there has been such an error as to warrant interference by this Court.
Issues: 1. Whether the purpose stated in the impugned notifications is a public purpose? 2. Whether the acquisition for a purpose stated in general terms is vague or imprecise? 3. Whether the enquiry under S. 5a in these cases has been held in accordance with law?
Ratio Decidendi: 1. The purpose stated in the impugned notifications viz. , implementation of Master Plan, or construction of Kalyana Mantapam, or Choultries, as the case may be, is undoubtedly a public purpose. 2. The acquisition for a purpose stated in general terms, such as "for the execution of the Interim General Plan for the Greater Delhi", or "for the planned development of Delhi", cannot be described as vague or imprecise, particularly where the notification pertains to a large extent of land. 3. The enquiry under S. 5a in these cases has not been held in accordance with law, or that there has been such an error as to warrant interference by this Court.
Final Decision: Writ Appeals are, accordingly, dismissed. There shall be no order as to costs. Govt. pleader s fee Rs. 150/in each.
( 1 ) THIS batch of writ appeals is preferred against the judgment of a learned single Judge dismissing a batch of writ petitions. The petitioners (appellants) challenged the proceedings for acquisition of their lands, including buildings thereon, initiated by the Government for purposes of Trimula Tirupati Devasthanams (T. T. D. ).
( 2 ) TIRUMALA is one of the important pilgrim-centres in the country. The shrine of Sree Venkateswara attacts thousands of pilgrims every day from all over the country. On particular days the influx is very high, in particular on the eve of "brahmotsavam". The temple is located on Tirumala Hills. There are four Mada Streets constituting four sides of a Square, called south Mada Street , east Mada Street , north Mada Street , and west Mada Street . The temple proper abuts South Mada Street. Immediately to the rear of the temple and on its western side is, what is called "theertha Katta Street". The four Mada Streets and the buildings and structures abutting on both sides thereof constitute the centre piece of the Temple Town. On certain festival occasions the deity of Sree Venkateswara is taken in procession along the streets, when thousands and thousands of people congregate there to have a glimpse of the deity. The Mada Streets around the temple are narrow and get congested on such occasions. in 1974 there was an unfortunate accident in which three persons were crushed under the wheels of temple-chariot.
( 3 ) TILL the year 1933 the Mahants of Hatiramji Mutt were administering the affairs and looking after the properties of Tirumala Tirupati Devasthanams. During their stewardship several people took properties on annual ground rent, and later claimed adverse title to them; good many structures sprang up in four Mada Streets, conforming to no particular plan or design. A number of shops, commercial establishments, Lodges, Boarding Houses, private residents, tenements and slums, besides certain Choultries and Mattams sprang up on both sides of the four Mada Streets.
( 4 ) ON 4-11-1965 the Government of Andhra Pradesh recognized the title of T. T. Ds. to 10-1/3 square miles of Tirumala village in G. O. Ms. No. 1784. It provided that Tirumala might be declared as a separate village. The G. O. further provided that no land can be alienated to any private persons even if they are permanent residents of the village. It provided further that the T. T. Ds. will be free to acquire the land owned by private persons if it becomes necessary in the interest of maintaining the sanctity of the temple and ensuring that the lands do not pass into the hands of undesirable persons.
( 5 ) IN view of the ever increasing pilgrim traffic to Tirumala, and with a view to develop Tirumala Town on proper lines, a Master Plan was got prepared by T. T. Ds. for an integrated development of Tirumala. The then Director of Town Planning was entrusted the job. After studying the various aspects of the problem, the Master Plan made several recommendations. Chapter XIV of the Master Plan sets out the "strategy for development of Tirumala". In so far as the four Mada Streets are concerned, paragraph 2 (a) of the said Chapter made the following recommendations:-"2. Economic Activities (a) Shopping and Commercial Facilities: since the present location of the commercial activities along the streets around the main temple is affecting the sanctity of the temple and its pious environment besides causing congestion to the free flow of pilgrim traffic, it is suggested that the said activities are to be shifted to the area in which the present Bus-Stand is located. This area can be developed as a commercial complex eventually with all amenities that are essentially required. It is also suggested to extend this complex up to Sannidhi Street opposite to Thousand-pillars Mantapam and to the north of the Sannidhi Street from East Mada Street up to Papavinasanam Street. To accommodate the petty vendors presently engaged mostl
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