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2024 Supreme(AP) 16
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DHIRAJ SINGH THAKUR, R. RAGHUNANDAN RAO, JJ.
The State of Andhra Pradesh – Appellant
Versus
Madanapalle Ex-Servicemen Association – Respondent
Writ Appeal No. 955 of 2023
Decided On : 04-01-2024
Advocate Appeared:
For the Appellant : P. Subhash.
For the Respondent: Devalaraju Anil Kumar.
Violation of land grant conditions can result in the extinguishment of the interest in the property, as per Board Standing Order 24 and Sections 31 & 32 of the Transfer of Property Act.
Headnote:
Ex-servicemen Association - Land Grant - Board Standing Order 24, Section 11, 31 & 32 of the Transfer of Property Act - The court discussed the conditions of land grant, violation of conditions, and the legal provisions of the Transfer of Property Act. The court held that the interest in the property can be treated as extinguished in the event of the respondent-association constructing anything other than a Sainik Bhavan in the said property.
Fact of the Case:
The respondent, an Ex-servicemen Association, was granted land for constructing a Sainik Bhavan but constructed shops instead. The government sought to resume the land due to the violation of the grant conditions.
Finding of the Court:
The court found that the respondent violated the conditions of the land grant and that the interest in the property can be treated as extinguished in such cases.
Issues: Violation of land grant conditions, applicability of Board Standing Order 24, and interpretation of Sections 11, 31 & 32 of the Transfer of Property Act.
Ratio Decidendi: The violation of the conditions of the land grant would result in the extinguishment of the interest in the property, as stipulated in Board Standing Order 24 and Sections 31 & 32 of the Transfer of Property Act.
Final Decision: The Judgment of the learned single Judge was set aside, and the writ appeal was allowed, leading to the closure of pending miscellaneous petitions.
JUDGMENT :
R. RAGHUNANDAN RAO, J.
1. Heard Sri P. Subhash, the learned Government Pleader for Assignment, appearing for the appellants and Sri Devalaraju Anil Kumar, learned counsel appearing for the respondent.
2. The respondent, which is an Ex-servicemen Association, was allotted Ac. 0.03 cents of land in Sy. No. 298/2 and Ac. 0.03 cents of land in Sy. No. 298/3, by way of proceedings dated 26.03.1982 bearing R. Dis. No. 16583/80, issued by the District Collector, Chittoor. The said lands were granted for the purposes of construction of a Sainik Bhavan, for the welfare of the Ex-service men of the area. The said proceedings also stated that the land is being alienated to the respondent “subject to the usual conditions appended in the annexure”. The respondent after obtaining the said land is said to have constructed five shops and had leased out the said shops on a twenty year lease.
3. The Mandal Revenue Officer, Madanapalle issued proceedings bearing ROC No. A/1115/93, dated 15.09.1993 resuming the said land. Aggrieved by the said resumption, the respondent had approached the erstwhile High Court of Andhra Pradesh, by way of W.P. No. 24779 of 1995 which was disposed on 24.03.2005, leaving it open to the respondent-association to avail all the remedies available under law. Subsequently the respondent- association filed an appeal before the Sub-Collector, Madanapalle against the order of the Mandal Revenue Officer. This appeal was dismissed on 11.05.2006 in proceedings D. Dis. (B1)/2503/2005. Aggrieved by the said order of dismissal, the respondent-association had approached the Joint Collector and Additional District Magistrate, Chittoor, by way of a revision. This revision also got dismissed by an order dated 05.02.2011 in proceedings bearing D. Dis. (E2)7608/2006. Aggrieved by the said order of dismissal, the respondent-association had approached this Court, by way of W.P. No. 18203 of 2014, which was allowed, by a learned Single Judge of this Court, on 02.09.2022. Aggrieved by the said Judgment, the respondents in the Writ Petition, has now filed the present appeal.
4. It is the case of the appellants that the appellants are entitled to resume the land upon violation of the conditions of the grant and the resumption of the land on account of the violation of the condition of construction of a Sainik Bhavan cannot be faulted.
5. It is the case of the respondent-association that the initial grant was made on payment of market rate of the land and no conditions were attached to the grant, as the statement in the grant that the grant would be subject to usual conditions contained in the annexure to the proceedings, has no meaning, as no such annexure was attached to the proceedings of the grant of land. It is further contended by the respondent-association that even if any such conditions are to be admitted, the same would fall foul under Section 11 of the Transfer of Property Act which stipulates that any restriction on the right of enjoyment of an absolute transfer of land would have to fail.
6. Sri P. Subhash, the learned Government Pleader appearing for the appellants would contend that Board Standing Order 24, which regulates the grant of land, with or without payment of market value, stipulates that the land granted, under Board Standing Order 24, can be used only for the purposes that are stipulated in the order of grant and any violation of the said condition would result in resumption of the land. He would submit that these are the conditions which are usually attached in the annexure and the petitioner taking advantage of the fact that such annexure is not available in the records of the appellants, has now contended that no such annexure was attached to the proceedings of the grant of land.
7. Sri Devalaraju Anil Kumar, learned counsel appearing for the respondent-association, on the other hand, contends that no such annexure was attached to the proceedings of grant of land and in any event there is no provision for assum
