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Andhra Pradesh High Court
Judges : B.P.JEEVAN REDDY, S.S.M.QUADRI
M.Padtnanabha Iyeagar - Appellant
Versus
Government Of A.P.Revenue Endowments - Respondent
Decided On : 03-16-90
LAND ACQUISITION - PUBLIC PURPOSE - IMPLEMENTATION OF MASTER PLAN - NOTIFICATION - PURPOSE MENTIONED - VAGUENESS - ENQUIRY UNDER SECTION 5-A - REGULARITY - RELIGIOUS DENOMINATIONS - ACQUISITION OF PROPERTY - ARTICLE 26 OF THE CONSTITUTION.
Fact of the Case:
The Government of Andhra Pradesh recognized the title of Tirumala Tirupati Devasthanams (TTD) to 10-1/3 square miles of Tirumala village in GO Ms. No. 1784. It provided that Tirumala might be declared as a separate village. The GO 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 TTDs. 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 TTDs. 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 upto Sannidhi Street opposite to Thousand- pillars Mantapam and to the north of the Sannidhi Street from East Mada Street upto 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 TTD dispensary upto Wood Lands Hotel, a proposal is suggested to construct a commercial centre in a platform 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".
Finding of the Court:
1. The purpose stated in the impugned notifications viz. , implementation of Mister 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 Section 5-A 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 mentioned in the notifications is a public purpose? 2. Whether the purpose mentioned in the notifications is vague or imprecise? 3. Whether the enquiry under Section 5-A has been held in accordance with law?
Ratio Decidendi: 1. The purpose stated in the impugned notifications viz. , implementation of Mister 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 Section 5-A 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. Pleaders 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 petitiones. The petitioners (appellants) challenged the proceedings for acquisition of their lands, including buildings thereon initiated by the Government for purposes of Tirumuja Tirupati Devasthanams (TTD ).
( 2 ) TIRUMALA is one of the important pilgrim-centres in the country. The shrine of Sree Venkateswara attracts thousands of pilgrims every day from all over tke 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 preperties 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 residences, tenements and slums, besides certain Choultries and Mattarns sprang up on both sides of the four Mada Streets,
( 4 ) ON 4-11-65 the Government andhra Pradesh recognized the title c ttds. to 10-1/3 square miles of Tirumal village in GO Ms. No. 1784. It provide that Tirumala might be declared as a sepa rate village. The GO further provided tha no land can be alienated to any privat persons even if they are permanent residents of the village. It provided furtherthat the TTDs. 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 Tirumaia, and with a view to develop Tirumala Town on proper lines, a Master Plan was got prepared by ttds. 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 upto sannidhi Street opposite to Thousand- pillars Mantapam and to the north of the sannidhi Street from East Mada Street upto papavinasanam Street. To accommodate the petty vendors presently engaged mostly in the business of beads,
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