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2010 Supreme(AP) 1

High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE NOOTY RAMAMOHANA RAO & THE HONOURABLE MR. JUSTICE C.V. NAGARJUNA REDDY
Dr. Rao V.B.J. Chelikani & Another
Versus
The Government Of Andhra Pradesh, Reptd., By Its Principal Secretary To Government, Revenue Department, & Others
WRIT PETITION Nos. 7956, 7997 & 23682 of 2008
Decided on : 05-01-2010

Advocates appeared:
For the Petitioners:K.S. Murthy, S. Sriram, S. Niranjan Reddy, Advocates.
For the Respondents:R1 To R3 - Advocate General, R4,R7,R10 & R11 - S.R. Ashok, Senior Counsel For P. Bhaskar, R5 & R9. - S. Satyanarayana Prasad, Senior Counsel, R6 - E. Manohar, Senior Counsel, R8 - D. Prakash Reddy, Senior Counsel, Advocate.

Headnote:

All India Services - Alienation of lands - Members of both the Houses of A.P. State Legislature, members of both the Houses of Parliament from A.P - Alienation of land was made in respect of the abovementioned categories, insofar as the said G.O. providing for allotment of land to the individuals, who are not members of the societies/groups and who may have received the benefit of concessional allotments from the Government earlier or as member of any society or group to which concessional allotment was made, was concerned –held, impugned G.Os., to the extent that they did not render ineligible the persons, who own a house or house site in their own name or in the name of their spouse or children for allotment of house sites by the respective societies of which they are members, cannot be sustained in law. In view of the same, all the impugned G.Os., except G.O.Ms.No.421 dated 25-3-2008, which was rescinded and consequently ceased to exist, are quashed. As a result of quashing of the impugned G.Os., possession of various parcels of the land allotted to respondents 4,5,7 to 11-Societies shall stand restored to the Government. If respondent No.1 seeks to make fresh allotments, it can do so by issuing fresh G.Os., by incorporating necessary condition rendering the persons, who own a house or house site in their own name or in the name of their spouse or children, ineligible for allotment by the respective Societies. Before issuing such G.Os., respondent No.1 shall call for details of the members, who satisfy the eligibility criteria for allotment of house sites – Petition disposed of

JUDGMENT

C.V.NAGARJUNA REDDY,J.,

1. Alienation of lands situated within the Greater Hyderabad Municipal Corporation limits to various Societies comprising as their members, persons, who are members of both the Houses of A.P. State Legislature, members of both the Houses of Parliament from A.P., Officers of All India Services i.e., IAS, IPS and IRS, who are the non-natives and working in the State of A.P. and those belonging to other States cadre with A.P. nativity working/worked on deputation in the State of A.P., Journalists and the High Court Judges of A.P., is the subject matter of this batch of writ petitions.

2. When the State Government attempted to alienate the lands in favour of the persons belonging to the above categories, individually, the same was questioned by Dr. Rao V.B.J. Chelikani, petitioner No.1 in WP.No.7956 of 2008 along with two others by filing WP.No.13730 of 2006. A Division Bench comprising the Chief Justice G.S.Singhvi as he then was and one of us (CVNR,J) allowed the said writ petition and quashed G.O.Ms.No.522, Revenue (ASN.V) Department, dated 04.05.2006, whereby alienation of land was made in respect of the abovementioned categories, insofar as the said G.O. providing for allotment of land to the individuals, who are not members of the societies/groups and who may have received the benefit of concessional allotments from the Government earlier or as member of any society or group to which concessional allotment was made, was concerned. The Division Bench, while finding that there can be no rationale or justification for allotting land to the individuals irrespective of the fact that they may be possessing properties either in their own name or in the name of their spouse or children or they may have already been benefited by allotment of land at concessional rate either directly or through society, felt that the Government will do well to incorporate an additional restriction against the allotment of land to those who own a house or house site in their own name or in the name of their spouse or children, and make the same applicable to all future allotments, which may be made in accordance with the policy enshrined in G.O.Ms.Nos.242 and 243 dated 28.02.2005. The Division Bench left it open to the identified categories of persons to form new societies and get the same registered or make applications as groups for the purpose of allotment of land in terms of the policy contained in G.O.Ms.No.243 dated 28.02.2005.

3. Purporting to follow the Division Bench judgment referred to above, the State Government issued as many as eight G.Os., viz., G.O.Ms.No.419, G.O.Ms.No.420, G.O.Ms.No.421, G.O.Ms.No.422, G.O.Ms.No.423, G.O.Ms.No.424 and G.O.Ms.No.425, dated 25.03.2008 and G.O.Ms.No.551, dated 27.03.2008 in favour of the various societies, which are shown as respondent Nos.4 to 11 respectively in these three writ petitions, whereunder different parcels of lands were alienated in their favour for being allotted to their members. The validity of these orders is assailed in these writ petitions by certain individuals and registered bodies in public interest.

II. BACKGROUND:

4. The State Government, realizing the urgent need for prudent management of the land

.resource located in urban and semi-urban areas for making provision for housing to “the targeted sections of society”, issued G.O.Ms.No.242, Revenue (Assignment-I) Department, dated 28-2-2005. By issuing the said G.O., the Government intended to have a comprehensive policy of meeting housing requirement of targeted sections of society by creation of land bank. The land was divided into five categories having regard to its ownership, usefulness for housing and location. This G.O., envisaged constitution of committees for short-listing the land for housing and other institutional needs keeping in mind the demand for the next twenty years. The Collector & District Magistrate of the District concerned is made the competent authority to transfer the Governme
































































































































































































































































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