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1976 Supreme(AP) 19
Andhra Pradesh High Court
Judges : A.RAGHUVIR
Merchants Association, Suryapet - Appellant
Versus
District Revenue Officer, Nalgonda - Respondent
Decided On : 02-06-76
The Government cannot resume land without recourse to a civil court in exercise of their executive power.
Headnote:
LAND GRANT - RESUMPTION - EXECUTIVE POWER - GOVERNMENT CANNOT RESUME LAND WITHOUT RECOURSE TO CIVIL COURT - WRIT PETITION ALLOWED.
Fact of the Case:
The petitioner-Association was granted land by the Civil Administrator in 1949 for the purpose of constructing a park, well, and town-hall. The grant was subject to the condition that the facilities would be open to all communities, including Scheduled Castes-Harijans. In 1967, the petitioner-Association constructed six tenements on the land without obtaining the necessary permission from the Municipal Council. The Government issued a notice to the petitioner-Association to show cause why the land should not be resumed. The petitioner-Association submitted its explanation, but the District Revenue Officer ordered the resumption of the land.
Finding of the Court:
The Government cannot resume land in the circumstances, after satisfying themselves that the petitioner violated the conditions in the grant without reference to a civil court in their exercise of executive power.
Issues: Whether the Government can resume land in the circumstances, after satisfying themselves that the petitioner violated the conditions in the grant without reference to a civil court in their exercise of executive power.
Ratio Decidendi: The principle that no member of the executive can interfere with the liberty or property of a British subject except on the condition that he can support the legality of his action before a court of justice is a well-established principle in common law and applies with the same vigour and force in this country. The State of its Officer, therefore, cannot resume the land without recourse to the Court in exercise of their executive power and evict the petitioner.
Final Decision: The Writ Petition is therefore allowed with costs.
( 2 ) ON 2/02/1949, the Association approached the Civil Administrator of Nalgonda District for the grant of land measuring 4506 square yards, lying in between the Hospital and Travellers Bungalow at Suryapet. This land was then used as a public latrine and found to be in absolute insanitary condition. The Court Administrator having been satisfied that the public at Suryapet needed a public hall and library, and as the Merchants Association collected Rs. 15,000 for that purpose, granted the vacant land as there was no objection from any quarter for laying a park and a town-hall. The then Municipal Body of Suryapet, a local authority constituted under Ain (law then in operation) had no objection for the grant. The land was handed over to the petitioner-Association in 1949 (the date and month are not clear from the record ). The land was granted in Exchange for an equal area on the right side of the Bungalow, belonging to the Municipality which was (in Ac. 18-80 Guntas against the land in Ac. 41-20 Guntas ). The Public Works Department agreed for the exchange but raised a claim for Rs. 10,14 (OS) the difference other cost of the land. The petitioner Association was not in a position to pay this amount. However, the Government waived this claim.
( 3 ) THE Civil Administrator approved the plan. The grant was subject to one condition (whether there were other conditions, is not clear from the record) "that the park, well, town-hall etc. , constructed therein, shall be open to all communities including Scheduled classes-Harijans. "
( 4 ) IN 1952, the District Collector, Nalgonda, requested the Divisional Engineer, P. W. D. (R and B) : ". . . . . . . . . . . . to take necessary action in regularising the matter as already in a part was constructed (with) a town-hall for the benefit of the public. "
( 5 ) TWO years later, on 3-12-1954, the Rajapramukh notified: "raj Pramaukh has been pleased to allow sanction to the above transaction and occupying the available lane measuring Ac. 18-80 guntas in exchange for Ac. 41-20 guntas. "
( 6 ) IN 1967, the petitioner-Association applied for construction of six tenements and, without waiting for the Municipal sanction, constructed the tenements and let out to private individuals for establishing shops at Rs. 60 per month.
( 7 ) THE construction of these tenements became the subject-matter of a complaint and the Government after a prolonged enquiry, in Memorandum No. 4231/ji/60-10 Municipal Administration, Dept. , dated 20-2-1970, passed the following order : " (i) as it is stated by the Collector, Nalgonda that Gandhi Park is owned by the Merchants Association as per the documents produced by them, an interference of the Government is called for on the question of ownership of the land (ii) as regards the construction of shops without the permission of the Municipal Council Suryapet, the Municipal Council is advised to take necessary further action immediately after obtaining the opinion of the Municipal Standing Counsel. " On 29-11-1973, again the District Revenue Officer issued notice : "since the Merchants Association has failed to construct the park and town-hall for the purpose of public use and violated the condition of grant for the land in question, they have utilised the land for non-public purposes it is proposed to resume possession of Government land. " and asked the petitioner to show cause. The petitioner submitted their explanation. On 31-5-1974, the District Revenue Officer held the petitioner failed to fulfill the conditions laid in the grant as--- "the Association undertook the construction of rooms unauthorisedly and against the plans contemplated at the time of original grant made by the Civil Administrator. It failed to produce any permission from the Collector or the Government
