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2008 Supreme(AP) 632

High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE C.V. NAGARJUNA REDDY
Kulwant Singh Chatwal & Others
Versus
The Joint Collector, Ranga Reddy District, Hyderabad & Others
Writ Petition No.9672 of 2003
Decided on : 13-08-2008

Advocates appeared:
For the Petitioner:K.G. Kannabhiran, Senior Counsel, B. Nalin Kumar, Advocate.
For the Respondent: AGP for Revenue (Assignments).

Headnote:

Service Matter – Retirement of Service – Pension for the service rendered in the Indian Army - In order to rehabilitate the Ex. Servicemen - Revenue Department - The Government, later on, framed operating guidelines in order to effectuate the purpose of rehabilitation of Ex. Servicemen - Laid down the eligibility criteria, the extents for and the conditions subject to which the assignment of agricultural land shall be made in favour of the Ex. Servicemen. Subsequently, the Government issued - supersession of all the previous orders and laid down conditions for the selection of Colonists for implementation of its scheme and for establishment of Co-operative Land Colonies for Ex. Servicemen - Held, Balancing of the individual interest of the petitioners with the interests of the public at large is required to be made. The scheme provides for assignment of land either in the native places of the Ex. Servicemen or anywhere else in the State. The ultimate purpose of the scheme is to enable the Ex. Servicemen to lead a decent life by earning their means through agriculture. Interests of justice would be met if the petitioners are provided with alternative agricultural lands at the places of their choice anywhere in the State. For this purpose, two options are available for the Court, namely, (i) to direct the respondents to consider allotment of suitable agricultural lands at the places of choice of the petitioners, or (ii) to pay reasonable compensation to the petitioners in lieu of assignment of the lands in their occupation to enable them to procure alternative agricultural lands - He opined that petitioner Nos.1 to 3 invested huge amount for development of land while the other three petitioners have not invested much when compared to petitioner Nos.1 to 3. However, respondent No.1 shall call for reports from the Horticulture, Agriculture, R&B and Irrigation departments, on the basis of which he shall fix the value for the developments made by the petitioners over the lands in their respective occupation. Respondent No.1 shall complete this exercise within three months from the date of receipt of a copy of this order and pay the compensation of Rs.15,00,000/- (Rupees fifteen lakhs only) to each of the petitioners, along with compensation for development of the land, within the said time - Writ Petition is, accordingly, allowed.

Judgment :

The petitioners, who served the Indian Army, retired from the service between 1946 and 1976. All of them are domiciled in Andhra Pradesh and have been drawing pension for the service they have rendered in the Indian Army. In order to rehabilitate the Ex.Servicemen, the Government of Andhra Pradesh issued G.O.Ms.No.25, Revenue Department, dated 23.10.1952, by which it assigned an extent of Ac.5,977-03 guntas in Jawaharnagar village to the Department of Labour. The Government, later on, framed operating guidelines in order to effectuate the purpose of rehabilitation of Ex.Servicemen, vide G.O.Ms.No.743, Revenue, dated 30-4-1963. The said G.O., laid down the eligibility criteria, the extents for and the conditions subject to which the assignment of agricultural land shall be made in favour of the Ex.Servicemen. Subsequently, the Government issued G.O.Ms.No.1573, Home (Labour-IV) Department, dated 18-7-1966, in supersession of all the previous orders and laid down conditions for the selection of 'Colonists' for implementation of its scheme and for establishment of Co-operative Land Colonies for Ex.Servicemen.

Even before issuance of G.O.Ms.Nos.743 and 1573, a Co-operative Society, by name, Jawaharnagar Land Colonization Co-operative Society (for short "the Society") was registered on 9-1-1958 and the above-mentioned extent of land was transferred in favour of the Society. The said Society appeared to have allotted land to 149 Ex. Servicemen. In the wake of several allegations of commissions and omissions against the Managing Committee of the Society, the District Collector by proceedings dated 27-10-1968 superseded the Managing Committee and appointed a Co-operative Sub-Registrar as Special Officer to manage the affairs of the Society. On the proposals made by the District Collector, vide his letter dated 1-4-1970, the Government issued G.O.Ms.No.17, Revenue (Q) Department, dated 5-1-1976 resuming the extent of Ac.5,977-03 cents from the Society and directing to dispose of the said land by way of individual assignment to the Ex.Servicemen for whom the scheme was originally intended on priority basis and that the balance land available to be assigned to the other eligible landless poor persons of the area.

In their affidavit, the petitioners averred that in the list prepared by the Society consisting of eligible Ex.Servicemen, their names were not included; that as the Society itself was disbanded on the complaints made against its functioning, the said list had no sanctity; and that the petitioners were put in possession of Ac.5.00 cents each in the year 1974. The petitioners further claimed that since the time of taking possession, the petitioners have been cultivating the land as under:

The petitioners pleaded that they were given possession in anticipation of allotment/assignment orders and that their possession was never interfered with by the respondents.

A perusal of the record reveals that the petitioners, along with six others, filed Writ Petition No.12607 of 1994 in this Court for appropriate directions to dispose of the representation filed by them before the District Collector for grant of assignment. The said Writ Petition was disposed of by this Court by order dated 13-7-1994 with the direction to the District Collector to dispose of the petitioners' representations. The District Collector, vide his proceedings dated 20-9-1997 rejected the said request of the petitioners. The petitioners then filed Writ Petition No.6799 of 1999 in this Court for appropriate directions to the respondents to assign the lands in their occupation in terms of G.O.Ms.No.17, Revenue (Q) Department, dated 5-1-1976. The said Writ Petition was allowed by a learned single Judge of this Court by judgment dated 13-8-1979 and the District Collector, Ranga Reddy District, was directed to grant assignments to the petitioners in respect of Ac.5.00 guntas each in their occupation. The said judgment was questioned in Writ Appeal No.2032 of 19














































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