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Andhra Pradesh High Court
Judges : B.P.JEEVAN REDDY, UPENDRA LAL WAGHRAY
Samadhi Narayana - Appellant
Versus
State OF A.P. - Respondent
Decided On : 10-03-89
A.P. CHARITABLE AND HINDU RELIGIOUS INSTITUTIONS AND ENDOWMENTS ACT, 1987 - SECTION 82 - CONSTITUTIONALITY - SUB-SECTION (1) AND (2) - VOID - VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION.
Fact of the Case:
The State of Andhra Pradesh filed a batch of Writ Appeals against the judgment of a learned single Judge, declaring subsections (1) and (2) of Section 82 of the A. P Charitable and Hindu Religious institutions and Endowments Act, 1987 (hereinafter referred to as "the Act), void and inoperative.
Finding of the Court:
The Court held that sub-sections (1) and (2) of Section 82 of the Act are void and inoperative as they violate Article 14 of the Constitution. The Court found that sub-section (1) does not achieve the purpose of augmenting the income of institutions/endowments and freeing their lands from the grip of rich and powerful persons, as it merely cancels existing tenancies without excluding the operation of tenancy laws. The Court also found that sub-section (2) is discriminatory as it puts an end to the tenancy rights of landless poor persons and compels them to purchase the land at 75% of the market value in four equal installments, which is a hardship for them.
Issues: 1. Whether sub-sections (1) and (2) of Section 82 of the A. P Charitable and Hindu Religious institutions and Endowments Act, 1987 are violative of Article 14 of the Constitution? 2. Whether sub-section (1) of Section 82 achieves the purpose of augmenting the income of institutions/endowments and freeing their lands from the grip of rich and powerful persons? 3. Whether sub-section (2) of Section 82 is discriminatory against landless poor persons?
Ratio Decidendi: 1. The Court held that sub-sections (1) and (2) of Section 82 of the Act are violative of Article 14 of the Constitution as they are discriminatory and do not achieve the purpose for which they were enacted. 2. The Court found that sub-section (1) of Section 82 does not achieve the purpose of augmenting the income of institutions/endowments and freeing their lands from the grip of rich and powerful persons, as it merely cancels existing tenancies without excluding the operation of tenancy laws. The Court observed that even after the cancellation of existing tenancies, the lands may be leased out again to the same rich and powerful persons, who will have the protection of the tenancy laws. 3. The Court found that sub-section (2) of Section 82 is discriminatory against landless poor persons as it compels them to purchase the land at 75% of the market value in four equal installments, which is a hardship for them. The Court observed that a landless poor person, who owns and/ or cultivates not more than 2 1/2 acres of wet, or 5 acres of dry land, and whose non-agricultural income does not exceed Rs. 3. 000/- per annum, can hardly afford to pay the consideration in four equal installments.
Final Decision: The Court allowed the Writ Appeals and declared sub-sections (1) and (2) of Section 82 of the A. P Charitable and Hindu Religious institutions and Endowments Act, 1987, void and inoperative.
( 1 ) THIS Batch of Writ Appeals is filed by the State of Andhra pradesh against the Judgment of a learned single Judge, declaring subsections (1) and (2) of Section 82 of the A. P Charitable and Hindu Religious institutions and Endowments Act, 1987 (hereinafter referred to as "the Act), void and inoperative. While sub-section (1) has been declared to be "arbitrary and ultra vires of Articles 14 and 21 of the Constitution to the extent of lessees who are marginal or small farmers", sub-section (2) has been declared to be unconstitutional in its entirety.
( 2 ) EVERY Government in power has sought at all times to regulate charitable and religious institutions and endowments. Eatly in Nineteenth century, Madras Regulation, 1817 was made vesting the powers of suprin-tendence, over endowments in the Board of Revenue, to ensure that the income and properties of endowments are utilised for purposes for which they are endowed. A similar Regulation was made in 1810 for Bengal. These Regulations were repealed by Act 20 of 1863, providing for control and supervision of the affairs and funds of the religious institutions and endowments. In 1890 came the Charitable Endowments Act, and in 1920 was enacted the Charitable and Religious Trusts Act, 1920. In 1927 was enacted the Madras Religious Endowments Act, 1927 which, in turn, was succeeded by Act 19 of 1951. After the advent of Andhra Pradesh, the legislature of Andhra Pradesh enacted the A. P. Charitable and Hindu Religious lastitutions and Endowments Act of 1966, replacing Madras Act 19 of 1951, as well as the Hyderabad Endowment Regulations, 1349-F.
( 3 ) THE Hindu Religious and Charitable Institutions in the State own substantial properties-both agricultural and non-agricultural. Most of these properties, particularly the agricultural lands, have at all times been under the occupation of tenants, since direct cultivation by these institutions was, normally speaking, not feasible or practicable. Some properties have been encroached upon by trespassers too. Some of the tenants, it is said, are rich and powerful persons in the village, who neither pay the rent regularly, nor vacate the land, when asked to do so In effect the institutions find themselves helpless against such persons. With a view to protect these properties, section 75 of the A. P. Charitable and Hindu Religious Institutions and endowments Act (No. 17) of 1966, was enacted. Sections 75 and 76 provided for eviction of encroachers upon the properties of religious institutions and endowments. The definition of the expression "encroacher" was couched in expansive terms; it included a tenant whose tenancy has been terminated. Such persons could be evicted summarily under the provisions of Sections 75 and 76. But, these provisions has little effect so far as agricultural lands are concerned, because of the operation of tenancy laws relating to agricultural lands in the State. The Andhra Tenancy Act, 1956, and the A. P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950, provided a good amount of protection to tenants of agricultural lands. (Indeed, the latter Act is more drastic in nature, and provides greater protection to tenants/protected tenants ). According to Section 10 of the andhra Tenancy Act, every lease subsisting at the commencement of Andhra tenancy (Amendment) Act, 1974, shall be deemed to be in perpetuity. It further declares that every lease entered into after the commencement of the said Amendment Act shall be for a minimum period of six years, shall be in writing and shall contain the prescribed particulars. Such lease is renewable successively for a further minimum period of six years at a time, subject to same terms and conditions. A tenant cannot be evicted under both the enactments except in accordance with the procedure prescribed therein. Both the Acts prescribe the grounds upon which a tenant can be evicted. They also prescribe the authority competent to order eviction. Sec.
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