Possession of land under the Urban Land (Ceiling and Regulation) Act must be established lawfully; mere vesting does not equate to possession, especially post-repeal.

ORDER :

B.Krishna Mohan, J.

W.P.No.8176 of 2008

Heard the learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents.

2. This writ petition is filed questioning the notification dated 07.07.2007 published dated 12.07.2007 and the consequential orders in proceedings No.G1/10571/76, dated 05.02.2008 issued by the 2^nd respondent/Special Officer and Competent Authority, Hyderabad.

3. The 1^st petitioner is the mother and the petitioner Nos.2 and 3 are her major sons.

4. The learned Senior Counsel for the petitioners submits that Sri Pydi Appanna, father-in-law of the 1^st petitioner, Sri Pydi Krishna Sharma, husband of the 1^st petitioner and the petitioner Nos.2 and 3 are the absolute owners of the land in an extent of Ac.3-52 cents in Sy.No.59/3 of Marripalem Village, Visakhapatnam.

(i) A registered lease deed bearing document No.1138/1964 dated 22.04.1964 was executed in favour of M/s. A.P. Electrical Equipment Corporation Limited/5^th respondent, for a period of 99 years. In pursuance of the same, the 5^th respondent established a factory comprising three huge factory sheds admeasuring 2043.00 sq. mts., 2043.00 sq. mts. and 2198.83 sq. mts. with appurtenant land 500 sq. mts. each, two godowns admeasuring 1129.00 sq. mts. and 1130.00 sq. mts. with appurtenant land of 500 sq. mts. each. A workshop in an extent of 762.54 sq. mts with an appurtenant land of 500 sq. mts. along with power room generator in an extent of 686.73 sq. mts. was built with an appurtenant land of 500 sq. mts. Thus, the entire extent of the land of the petitioners was having built up area with roads etc. and there was no vacant land as such. After the death of the father-in-law and the husband, the 1^st petitioner and her sons succeeded to the ownership of the property.

(ii) After coming into force of the Urban Land (Ceiling and Regulation) Act, 1976, it appears that the 5^th respondent lessee who was in occupation of the subject land filed a declaration under section 6(1) of the Urban Land (Ceiling & Regulation) Act, 1976 including the property belonging to the petitioners in his declaration form along with the constructed area and was dealing with the matter in the capacity of lessee in occupation.

(iii) By a registered letter with acknowledgement due bearing Regd. No.4335 dated 14.09.1991, a representation was made to the 3^rd respondent inter alia giving details of the land owned by the petitioners to the 5^th respondent and that the land was covered by the structures etc. The said representation was received by the 3^rd respondent on 17.09.1991. In the course of time, the 5^th respondent Corporation became defunct in January, 2000. Then the petitioners filed O.S.No.516 of 2005, on the file of II Additional Senior Civil Judge, Visakhapatnam, seeking eviction of the 5^th respondent from the property. The said suit was decreed on 11.04.2007. The 5^th respondent preferred an appeal in A.S.No.145 of 2007 on the file of the I Additional District Judge, Visakhapatnam and the said appeal was allowed on 07.09.2007 setting aside the decree of eviction. Then the Second Appeal No.1212 of 2007 was filed before the Hon’ble High Court questioning the judgment of the I^st Appellate Court.

(iv) It appears that the 5^th respondent Corporation being the lease holder for a period of 99 years filed a declaration under section 6(1) of the Urban Land (Ceiling & Regulation) Act, 1976 in respect of the properties owned and possessed by it within the Urban Agglomeration of Hyderabad and Visakhapatnam. In the said declaration, apart from the land owned by the 5^th respondent in Hyderabad, Visakhapatnam and other places, the lands owned by the petitioners in Sy.No.59/3 of Marripalem, Visakhapatnam were shown as leased lands with structures in occupation of the 5^th respondent claiming exemption under section 4(11) of the Act.

(v) The Special Officer & Competent Authority, Urban Land Ceiling, Hyderabad/the 2^nd respondent passed final orders dated 03.02.2004 un