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Andhra Pradesh High Court
Judges : M.N.RAO
MABADEV PERSHAD MACHALI KAMAN, HYDERABAD - Appellant
Versus
Government Of A.P., Department of Civil Supplies, Hyd. - Respondent
Decided On : 09-01-87
URBAN LAND (CEILING AND REGULATION) ACT, 1976 - SECTION 20(1)(B) - EXEMPTION FROM CEILING LIMIT - POWER OF GOVERNMENT TO GRANT EXEMPTION - APPLICATION FOR EXEMPTION - WHO CAN MAKE - PROPOSED VENDEE CAN MAKE APPLICATION.
Fact of the Case:
The petitioner entered into an agreement to purchase land in 1974. He applied for exemption from the provisions of the A.P. Vacant lands in Urban Areas (Prohibition of Alienation) Act, 1972, which was in force at that time. The application was kept pending. In the meantime, the Urban Land (Ceiling and Regulation) Act, 1976 came into force, and the 1972 Act ceased to be in operation. The petitioner applied for exemption under Section 20(1)(b) of the 1976 Act, but his application was rejected on the ground that he was not the owner of the land.
Finding of the Court:
The court held that the petitioner, as a proposed vendee, could make an application for exemption under Section 20(1)(b) of the Urban Land (Ceiling and Regulation) Act, 1976. The court interpreted Section 20(1)(b) to mean that the State Government could grant exemption to any person holding vacant land in excess of the ceiling limit, if it was satisfied that the provisions of Chapter III of the Act would cause undue hardship to such person. The court held that the power to grant exemption could be exercised either suo motu or otherwise, and that there was no requirement that the application should be from the holder of the vacant land.
Issues: Whether a proposed vendee can maintain an application for exemption under Section 20(1)(b) of the Urban Land (Ceiling and Regulation) Act, 1976?
Ratio Decidendi: The court held that the word "application" in Section 20(1)(b) of the Urban Land (Ceiling and Regulation) Act, 1976, is referable to "the provisions of this chapter" and not to the making of an application by the person holding vacant land in excess of the ceiling limit. The court held that the power to grant exemption under Section 20(1)(b) can be exercised either suo motu or otherwise, and that there is no requirement that the application should be from the holder of the vacant land.
Final Decision: The court allowed the writ petition, set aside the impugned order rejecting the petitioner's application for exemption, and directed the Government to consider the application in the light of the recommendations made by the special officer and competent authority urban Land Ceiling and the commissioner of Land Revenue.
( 1 ) THE petitioner is seeking a declaration that memo. No. 101/j. C. II/79-5 dated 6-4-81 and No. 2083/u. C. 11/81-1 dated 19-l-1982 issued by the Government of Andhra Pradesh Revenue (J. C. II) Dept. are illegal and consequently direct the Government of Andhra Pradesh represented by the secretary, Revenue Dept. (U. C. II) to consider on merits the petitioner s application dated 8-1-1979 for grant of exemption under the provisions of Urban land (ceiling and regulation) Act, 1976 in respect of the land belonging to him
( 2 ) THE case has a long history. As far back as on 1 -10-1974 the petitioner entered into an agreement of sale with one Sri Ramesh chand to purchase land admeasuring Ac. 2. 354 cents in S. Nos. 35/2. 36/37/2,43 and part of survey Nos. 35/1, and 37/1 situate in the village of Bumruckmud Dowla, hyderabad Urban district. He paid an earnest money of Rs. 11,501/ and several other amounts subsequently, totalling Rs, 26,501/ -. At that time a. P. Vacant lands in Urban Areas (Prohibition of alienation) Act 1972, was in force. A joint application was made on 20-10-1974 by the petitioner and the owner of the land seeking exemption from the provisions of that Act. It appears that on 15-11-1974 the Collector Hyderabad District issued a memo to the proposed vendor to file four copies of the application with site plan and a court fee stamp of Rs. 20/- for taking necessary action. Thereafter nothing happened and the matter was kept pending. In the mean time the Urban land (Ceiling and Regulation) Act, 1976, came into force as a result of which the aforesaid 1972 Act ceased to be in operation.
( 3 ) ON 9-1-1979 the special officer and compelent authority Urban land ceilings, in his letter No. B1/6412/76 dated 9-1-79 strongly recommend to the Government the case of the petitioner or exemption from the operation of provisions of Act, 1976. The commissioner, land Revenue also in bis letter dated 26-2-1979 expressed the opinion that it is a fit case for granting exemption. But the Government on 6-4-1981 passed the order in question rejecting the request of the petitioner observing that the land owner has failed to make an application under Section 20 (1) (b) of the Act".
( 4 ) NO counter has been filed. The question to be considered in his writ petition is whether a proposed vendee can maintain an application for exemption under Section 20 (1) (b) of the Urban (Ceiling and R gulation) act, 1976? The Act was enacted for the purpose of imposing ceiling on vacant land in urban agglomorations, for acquisition of such land in excess of the ceiling limit arid to regulate the construction of buildings on such land. Sec. 3 says that except as permitted by the Act, no person shall be entitled to hold any vacant land in excess of the ceiling limit Sec. 4 specifies the ceiling limit Sec. 20 confers power on Government to grant exemption. It reads thus. "power to exempt : (1) Notwithstanding anything contained in any of the foregoing provisions of the chapter, (a) Where any person holes vacant land in excess of the ceiling limit and State Government is satisfied, either omits own motion or otherwise that having regard to the location of such land, the purpose for which such land is being or is proposed to be used and such other relevant factor as the circumstances of the case may require, it is necessary. or expedient in the public interest so to do, that Government may, by order exempt subject to such conditions, if any, as may be specified in the order, such vacant land from the provisions of this chapter. (b) Where any person holds vacant land in excess of the ceiling limit and the State Government, either on its own motion or otherwise is satisfied that the application of the provisions of this chapter would cause undue hardship to such person, that Government may, by order, exempt subject to such conditions if any as may be specified in the order, such vacant land from the provisions of this chapter provided that no order u
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