High Court of Andhra Pradesh
THE HONOURABLE CHIEF JUSTISE MR. ANIL R. DAVE & THE HONOURABLE MR. JUSTICE RAMESH RANGANATHAN
Campaign for Housing & Tenural Rights (CHATRI) a Regd. Society, Hyderabad
Versus
Government of A.P., rep. By its Secretary, Housing (HB.II) Department, , Hyderabad & Others.
Writ Petition No. 14306 Of 2008
Decided on : 18-12-2009
(Per Ramesh Ranganathan, J.)
1. Allotment of Government land, at a nominal price, to recognized political parties for establishing their party offices is in vogue in several States and at the Centre. The Government of India is said to have formulated Policy guidelines dated 13.7.2006 for allotment of its land to recognized political parties for their party offices. In the State of Andhra Pradesh, the Government has been allotting its land to almost all recognized political parties, for locating their party offices, including the Telugu Desam Party, the Communist Party of India (Marxist), the Telangana Rashtra Samithi etc.
2. We do not intend examining the larger issue whether allotment/alienation of Government land at nominal value, by way of sale or otherwise, to recognized political parties would fall foul of Article 14 of the Constitution of India as none of the recognised political parties other than the 3rd respondent are arrayed as respondents in this writ petition and the pleadings are wholly insufficient for such an enquiry. We shall, however, examine among other issues the question whether or not land belonging to the A.P. Housing Board, (hereinafter referred to as the “Board”), a statutory body created and established under the A.P. Housing Board Act, 1956, (hereinafter referred to as the “Act”), could have been alienated, under G.O.Ms. No.76 dated 25.11.2005 and on the directions of the State Government, by way of sale to the 3rd respondent for construction of their state party headquarters without adhering to the statutory conditions and the procedure prescribed under the Act.
3. G.O.Ms. No.76 Housing (HB.II) Department dated 25.11.2005 is under challenge in this writ petition as being arbitrary, illegal, without jurisdiction, ultra vires the provisions of the Act and in violation of Article 14 of the Constitution of India. The petitioner seeks a consequential direction that Document No.2678 of 2007 dated 27.09.2007, registered at the office of the Sub-Registrar, Hyderabad, be declared illegal and invalid.
4. The petitioner, a registered society engaged in campaigning and organizing peoples’ struggle for housing, and working among the slum dwellers of Hyderabad and Rangareddy Districts for the last several years, has filed this Writ Petition in public interest contending that valuable public property, held in public trust by the State Government and the Board, were being disposed of at a nominal value of Rs.100/- per square yard in relaxation of the orders passed earlier in G.O.Ms. No.826, Revenue (Q) Department, dated 31.08.1987.
5. The State Government had earlier issued G.O.Ms. No.826, dated 31.08.1987 laying down guidelines for lease of Government lands to enable recognized political parties to locate their offices. The G.O. records that the Government had decided to allot land, not exceeding one acre, to such recognized political parties which did not already own any land or building in the State and District headquarters on a 30 year lease renewable for a further period as agreed upon at the option of the lessee.
6. The third respondent submitted a representation on 30.1.2004 seeking allotment of land in Hyderabad city for construction of their party’s state headquarters building. The first respondent instructed the District Collector, Hyderabad to identify land in Hyderabad City. The District Collector, Hyderabad identified land, belonging to the Board, admeasuring 5117.69 Sq. Yds in T.S.No.4/1, Block-M, Ward 47 of Nampally village. After consultation with the District Collector, Hyderabad, and the Vice-chairman and Housing Commissioner of the Board, the first respondent, on a careful examination of the proposal based on similar precedents, decided to allot Board’s land, admeasuring 5117.69 Sq. Yds in T.S.No.4/1, Block-M, Ward-47, Nampally Village, in favour of the third respondent for construction of their state headquarters office. The aforesaid extent of land was allotted at a nominal value of
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