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2012 Supreme(AP) 559
High Court of Andhra Pradesh
B.SESHASAYANA REDDY
M/s. BHEL (R&D) Employees Cooperative Housing Society Limited, Vikasnagar, Hyderabad, rep. by its President C.N. Srinivasan
Versus
The Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad (since repealed) & Another
Writ Petition No. 26527 of 2010
Decided On : 03-07-2012
For the Petitioner:M.V.Durga Prasad, Advocate.
For the Respondent: Asst. Govt. Pleader for Assignment.
Headnote:
Urban Land Act, 1976 – Sections 8, 9, 10,10(5), 10(5) and 10(6) – A.P. Cooperative Societies Act, 1964 – Sale Deed – Allotment of plots by society – Instructions by Special Officer and Competent Authority – Ceiling limit – Non-verification of the revenue records – Preparation of draft statement as regards vacant land held in excess of ceiling limit – This Writ Petition by Employees’ Cooperative Housing Society Limited object of the Society is to secure house plots to all eligible members, who are employees of BHEL Petitioner society entered into an agreement with represented by her father and General Power of Attorney Holder Reddy and eight others in respect land of for a total consideration of Rs.37lakhs total extent covered under the agreement is Ac.25.33 the same under a Will from her late grandfather who purchased the lands under a sale deed from. said the lands under a sale deed from the original petitioner Society after securing permission for draft lay out from development Authority developed the lands – petitioner Society purchased the lands under an agreement of sale and when the executants of the agreement failed to execute the registered sale deed, a suit being O.S. on the file of the Principal District Judge came to be filed and the suit ended in decree – Thereupon executants of the agreement challenged the judgment and decree passed in O.S. by filing A.S. and the appeal ended in dismissal Thereupon petitioner Society filed E.P. and got delivery of the property through the process of the Court. Subsequently permission has been obtained from the Hyderabad Municipal Corporation for construction of 5 upper floors – Held, material brought on record clearly established that the petitioner Society was in occupation of Ac.7.30 as on the date enquiry conducted by the 1st respondent without issuing any such notice as required under Section 8(1) and 8(3) of the Act has issued a final statement under Section 9 of the Act – Similar issue came up for consideration before a single Judge of this Court in W.P., wherein it has been held that the petitioner Society and their members, who were in possession of the land and persons interested therein, were entitled to issuance of notices under the provisions of the Act, and taking over possession of the land, without notices to them, violates the principles of natural justice, and as such,orders passed by respondent Nos.1 and 2, affecting the rights of the petitioner Society and their members in the land in question, cannot be sustained and are liable to be set aside – Writ Petition is allowed.
Challenge in this Writ Petition is to the proceedings of the Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad-1st respondent in C.C.No.G1/629/2007, issued under Sections 8, 9 and 10 of the Urban Land (Ceiling and Regulation) Act, 1976, (for short, ‘the Act’) including the panchanama, dated 11.02.2008 and also instructions under the Memo. No.1271/G1/10, dated 15.04.2010, addressed to the Sub-Registrar, Quthbullapur, Ranga Reddy District-2nd respondent.
2. Background facts, in a nutshell, leading to filing of this Writ Petition by M/s.BHEL (R&D) Employees’ Cooperative Housing Society Limited (hereinafter referred to as ‘the petitioner-Society’), are: The petitioner-M/s.BHEL (R&D) Employees’ Cooperative Housing Society Limited is a Society registered under the provisions of A.P. Cooperative Societies Act, 1964, in the year 1976. The object of the Society is to secure house plots to all eligible members, who are employees of BHEL ( R&D). The petitioner
Society entered into an agreement dated 30-01-1991 with Smt.Pranothi Srihari, represented by her father and General Power of Attorney Holder Sri R.Sudershan Reddy and eight others in respect of Ac.7.30 guntas in Survey No.30/1, Ac.8.27 gts in Survey No.31/1, Ac.6.32 gts in Sy.No.31/2 of Jeedimetla village and Ac.2.24 gts in Survey No.77 of Pet Basheerabad village for a total consideration of Rs.37 lakhs. The total extent covered under the agreement is Ac.25.33 guntas. The vendor-Smt. Pranothi Srihari got the same under a Will dated 24.7.1976 from her late grandfather Pingali Indrasena Reddy, who purchased the lands under a sale deed dated 29.3.1966 from Deoni Mallaiah. The said Deoni Mallaiah purchased the lands under a sale deed dated 8.10.1963 from the original pattedar M.Shyamsunder. The petitioner Society after securing permission for draft lay out from Hyderabad Urban Development Authority (HUDA) developed the lands. The HUDA sanctioned final lay out under letter bearing No.7520/MP2/Plg/HUDA/94 dated 22.9.1997. In pursuance of the agreement of sale, Smt. Pranothi Srihari executed four sale deeds bearing document Nos.8802, 8803, 9070 and 9071 of 1993 in respect of Ac.1.10 guntas each in Sy.No.30/1 in favour of the petitioner Society. Since the vendors failed to execute the sale deeds in respect of other extents of lands, the petitioner Society filed O.S.No.91 of 1998 on the file of Principal District Judge, Ranga Reddy District for specific performance and obtained a decree on 18-02-2002. The vendors filed A.S.No.1104 of 2002 assailing the judgment and decree passed in O.S.No.91 of 1998 and the said appeal ended in dismissal on 15.12.2005. The petitioner Society filed E.P.No.5 of 2008 and obtained a sale deed dated 22-8-2008 through the process of Court in respect Ac.20.33 guntas. The remaining extent of Ac.2.30 guntas in Sy.No.30/1 of Jeedimetla village came to be acquired by the petitioner Society under a sale deed dated 22.8.2008. The petitioner Society allotted plots to it’s members as per the final lay out covering Ac.23.00 guntas including Ac.5.00 guntas in Sy.No.30/1 of Jeedimetla village. The petitioner Society with the object of providing residential complex with ownership apartments to its members, who were not allotted any plot earlier, entered into construction agreement with M/s.Qubix Ventures Limited . The petitioner Society obtained necessary permission for construction of plots from GHMC, Hyderabad, vide Permit No.161/80 of 2010 in File No.635/CSC/TP-15/2009, dated 11.1.2010. The petitioner Society allotted plots to its members who have obtained loans from banks and financial institutions. When the petitioner Society approached the Sub Registrar, Quthbullapur, to register sale deeds executed in favour of its members in the second week of October, 2010, the 2nd respondent refused to receive the documents for registration on the ground that the first respondent has sent Memo bearing No.1271/G1/10, dated 15.4.2010 instructing the 2nd
