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2022 Supreme(AP) 890
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
G. RAMAKRISHNA PRASAD, J.
Madanapalle Exservice Man Association – Petitioner
Versus
Secretary, Revenue Department, State of Andhra Pradesh and Others – Respondents
Writ Petition No. 18203 of 2014
Decided On : 02-09-2022
Advocate Appeared:
For the Petitioner: Devalaraju Anil Kumar.
The Government cannot resume land granted for market value consideration on the ground of breach of conditions if the conditions were never supplied to the grantee.
Headnote:
LAND GRANT - CONDITIONS OF GRANT - BREACH - RESUMPTION OF LAND - VALIDITY - MARKET VALUE CONSIDERATION - ANDHRA PRADESH ASSIGNED LANDS (PROHIBITION OF TRANSFERS) ACT, 1977 - SECTION 4 - CONDITIONS OF GRANT NOT SUPPLIED TO GRANTEE - GRANT MADE FOR MARKET VALUE CONSIDERATION - RESUMPTION OF LAND ON GROUND OF BREACH OF CONDITIONS NOT VALID.
Fact of the Case:
The Writ Petitioner, Madanapalle Ex-Servicemen Association, was granted Ac. 0-06 cents of land by the Government in 1982 for the construction of a Sainik Bhavan. The grant was made subject to certain conditions, but the Writ Petitioner was never supplied with a copy of these conditions. In 1993, the Mandal Revenue Officer issued a notice to the Writ Petitioner, alleging that it had breached the conditions of the grant by constructing a shopping complex on the land without obtaining prior permission from the District Collector and by leasing out the shopping complex for remunerative purposes. The Writ Petitioner challenged the resumption proceedings, arguing that the conditions of the grant were never supplied to it and that it had paid market value for the land.
Finding of the Court:
The Court found that the Official Respondents had failed to supply a copy of the conditions of the grant to the Writ Petitioner, either at the time of the grant or at any time later. The Court also found that the Writ Petitioner had paid market value for the land, and that the Official Respondents had accepted this consideration without objection. The Court held that, in these circumstances, the Official Respondents were not entitled to resume the land on the ground of breach of conditions.
Issues: 1. Whether the alleged conditions annexed to the grant were in fact supplied to the Writ Petitioner at the time of the grant or at any time later? 2. Whether such conditions are valid in law when the Government has received the market value as consideration.
Ratio Decidendi: The Court held that the Official Respondents were not entitled to resume the land on the ground of breach of conditions because: 1. The conditions of the grant were never supplied to the Writ Petitioner. 2. The Writ Petitioner had paid market value for the land. 3. The Official Respondents had accepted this consideration without objection. 4. The Official Respondents had kept quiet for almost a decade before initiating the resumption proceedings.
Final Decision: The Court set aside the impugned proceedings and restored possession of the subject premises to the Writ Petitioner.
ORDER :
1. Heard Sri Davalaraju Anil Kumar, learned counsel for the Writ Petitioner and Sri Y. Subba Rao, learned Assistant Government Pleader for Revenue.
2. The prayer made in the Writ Petition is as follows:
“For the reasons stated above, the Writ Petitioner herein prays that this Hon’ble Court may be pleased to call for the records pertaining to proceedings of the Joint Collector and Additional District Magistrate, dated 05.02.2011 in D. Dis. No. (E2)/7608/2006 preferred against the proceedings of the Sub Collector, Madanapalle dated 11.05.2006 in D. Dis. (B1)/2503/2005 preferred against the orders of the Mandal Revenue Officer, Madanapalle in Roc. A/1115/93, dated 15.09.1993 peruse the same and quash the proceedings of the Joint Collector and Additional District Magistrate, Chittoor dated 05.02.2011 by issuing an appropriate Writ order or direction in the nature of certiorari and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”
3. The Writ Petitioner has challenged various proceedings wherein and whereby Ac. 0-06 cents of land allotted to the Writ Petitioner, namely Madanapalle Ex-Servicemen Association, is sought to be cancelled on the ground of violation of conditions of allotment.
4. Learned counsel for the Writ Petitioner has drawn the attention of this Court to the original grant of Ac. 0-03 cents in Sy. No. 298/2 and Ac. 0-03 cents in Sy. No. 298/3 by proceedings dated 26.03.1982 bearing R. Dis. No. 16583/80. These proceedings indicate that the Government, when it had proposed to allot the subject lands, had issued a Notice and published it on 01.11.1980. As no objections were received and Village Officers and the local Farmers have also recommended the proposal, the Madanapalle Municipal Authority, in their Resolution No. 298, dated 16.12.1980 and No. 361, dated 12.02.1981 have also given their consent in support of the proposal for alienation. The Writ Petitioner wanted to utilise this land for construction of a building for the benefit of the activities of the members of the Association.
5. The value of the land was assessed on the basis of capitalization method, taking the value of the land as per the basic value register, which has been fixed at Rs. 4,800/- per acre. Basing on this price, the Sub-Collector, Madanapalle has recommended the adoption of this rate at the rate of Rs. 4,800/- per acre. It is stated in the allotment Order dated 26.03.1982 that by applying the capitalisation value, the value of the land in Sy. No. 289/2 to an extent of Ac. 0-03 cents and the land in Sy. No. 289/3 to an extent of Ac. 0-03 cents works out to Rs. 288/- (for the total extent of land coming to 288 sq. yards). Basing on the above mentioned criteria, by these proceedings dated 26.03.1982, the land in Sy. No. 289/2 measuring Ac. 0-03 cents and in Sy. No. 289/3 measuring Ac. 0-03 cents in Bandameedakammapalle Village had been alienated in favour of Ex-Servicemen Association, Madanapalle for constructing “Sainik Bhavan” subject to the usual conditions appended in the Annexure.
6. It is stated by Sri Davalaraju Anil Kumar, learned counsel for the Writ Petitioner that though this document mentioned that the alienation in favour of the Writ Petitioner is subject to usual conditions appended in the Annexure, in fact, no such Annexure appended to this order was ever supplied to the Writ Petitioner.
7. Vide proceedings bearing ROC No. A/1115/93, dated 15.09.1993, the Mandal Revenue Officer, Madanapalle has issued Notice to show cause, as to why the land alienated to the Association should not be resumed by the Government for violation of the conditions of alienation. According to this Notice, the Writ Petitioner Association is alleged to have breached the conditions attached to the original alienation that the Association/Writ Petitioner did not obtain prior permission of the District Collector for construction of any building on the land alienated; that according to Condition No
