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2008 Supreme(AP) 1107

L.NARASIMHA REDDY
A. Appa Rao – Appellant
Versus
Competent Authority, Defence Estates Officer and Competent Authority (ULC), and A. P. Circle, Secunderabad – Respondent


Advocates appeared:
Mr. R. Raghunandan, Counsel for the Petitioners.
Mr. A. Rajashekar Reddy, Asst. Solicitor General for the Respondents.

ORDER

One Sri C.P. Thamaskoty, S/o. late Dewan Bhadur C. Padmarao Kudaliar, was the owner of property in Bungalow No. 184, comprised in GLR Sy. No. 518, admeasuring Ac. 6.72 cents in the Secunderabad Cantonment. He sold the same in favour of one Sri P. Kuppu Swamy, through sale deed dated 16-02-1962. The Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the Act') applies to the Secunderabad Cantonment, which is part of Hyderabad Urban agglomeration. The 1st respondent is the Competent Authority, to determine the claims under the Act, as regards the lands in Secunderabad Cantonment Area. Therefore, Kuppu Swamy filed a declaration under Section 6 of the Act, before the 1st respondent. He has also filed an application under Section 20 of the Act, before the Revenue Department, Government of Andhra Pradesh, for exemption from the provisions of the Act.

2. The 1st respondent informed Kuppu Swamy, through letter dated 14-12-1977 that, since construction over the land in Bungalow No. 184 is prohibited by the relevant provisions of law, it cannot be treated as vacant land, within the meaning of Section 2(q) of the Act. Therefore, the declaration was not processed. Through his let





































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