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2019 Supreme(Telangana) 361

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.NAVEEN RAO, J.
Dr D Dwaraknath Reddy S/o Sri D Raghunath Reddy and Ors - Petitioners
Versus
The State of Telangana rep by its Principal Secretary Revenue Department Secretariat Hyderabad & others - Respondents
W.P. Nos. 18517, 18521, 18551, 18552, 18553, 18561 and 18580 of 2019
Decided On : 14-11-2019

Advocates:
Advocate Appeared:
For the Petitioner: Sri D. Prakash Reddy, Senior Counsel for Ms D Madhavi
For the Respondent: Sri N Sridhar Reddy

Point of Law :
Even when there are procedural infirmities vitiating a decision of competent authority, it need not be set aside on that ground and petitioner has to prove prejudice caused to him and that if opportunity was afforded to him he could have persuaded the competent authority to take a different view and such is possible and permissible

Headnote:

Indian Registration Act, 1908 - Section 72 - Litigation and respective pleadings - Large extent of land was allotted to Jubilee Hills Cooperative Housing society for development of residential layout in Jubilee Hills. On representation made by the journalists working in print and electronic media, Government decided to apportion of land exclusively to journalists from out of the land already allotted to Jubilee Hills Cooperative Housing Society and directed the Jubilee Hills Cooperative Housing Society to handover the land to Journalists Cooperative Housing Society -

Finding of the Court:

As earlier decision of Government to regularize open spaces, treating them as unassigned plots and executing deeds of conveyance was ex facie illegal, petitioners have no manner of right to claim regularisation of open plots, which belong to the society and are community spaces - Thus, even assuming that petitioners were entitled to prior opportunity before taking a decision, as the facts on record are clear as crystal and petitioners in no manner can contend that there is still scope for regularisation of such plots, no useful purpose would be served by remitting the matter on that ground -

Result: Writ Petitions are accordingly dismissed.

Judgement Key Points

Key Points: - The petitioners challenge the District Collector’s cancellation of sale deeds and seek relief for lack of notice and opportunity. (!) (!) - Government regularization under G.O.Ms.No.166 treated open spaces as unassigned Government land, leading to regularization and issuance of conveyance deeds to petitioners, despite ownership by private society. (!) (!) (!) - The court discusses legality of regularizing open spaces that are part of a private layout and not Government land, and whether such regularization is permissible. (!) (!) (!) (!) (!) (!) - The proceedings include constitutional and natural justice considerations, including notices and hearings, and the ratio on prejudice vs. procedural infirmities. (!) (!) (!) (!) - The judgment ultimately dismisses the writ petitions, holding the regularization/existing deeds based on Government directions to cancel are not sustained, while noting open spaces are community properties and the illegality of converting them. (!) (!) (!) (!) (!)

What is the legality of canceling previously registered deeds of conveyance based on Government directions?

What is the available remedy when open spaces in a private layout are regularized for occupancy by individuals or groups?

What are the limits of governmental regularization of open spaces that are part of a private housing layout and not government land?


ORDER :

1. Since the issue raised in all these writ petitions is same, they are disposed of by this common order.

2. Heard Sri D Prakash Reddy, learned senior counsel, appearing for petitioners and Sri N Sridhar Reddy, learned counsel appearing for Journalists Cooperative Housing Society Limited-6th respondent and learned Government Pleader for Revenue.

3. The background facts leading to this litigation and respective pleadings are as under:

3.1 Large extent of land was allotted to Jubilee Hills Cooperative Housing society for development of residential layout in Jubilee Hills. On representation made by the journalists working in print and electronic media, Government decided to apportion Ac.25.00 of land exclusively to journalists from out of the land already allotted to Jubilee Hills Cooperative Housing Society and directed the Jubilee Hills Cooperative Housing Society to handover the land to Journalists Cooperative Housing Society (hereinafter referred to as the society). Accordingly, Jubilee Hills Cooperative Housing Society executed sale deed in favour of the Society on 26.11.1992 and land was put in possession of the Society. The Society obtained tentative lay out from Hyderabad Municipal Corporation and formed lay out and allotted plots to its members. As required by law, certain open spaces are also earmarked for community purposes including development of parks and recreational facilities. Petitioners herein have purchased house plots from the members of the Society to whom plots were allotted. The respective particulars of plots and other details are tabulated hereunder:

Sl. No.

WP No. & name of Petitioner

Plot No.

Extent of land purchased in sq yds

Extent of land regularised as per G.O.Ms. No. 166 in sq yds

Date of order of District Collector to cancel deed of conveyance

1

18517 of 19 Dr D Dwarakanath Reddy & another

8-2-293/82/J/18-A

350

230 27.7.19

 

2

18551 of 19 Dr D Nageshwar Reddy

8-2-293/82/J/27-A

350

375

27.7.19

3

18521 of 19 Dr E C Vinay Kumar & another

8-2-293/82/J/16-A

350

360

27.7.19

4

18553 of 19 G Sree Rama Murthy

8-2-293/82/J/A/26

350

245

27.7.19

5

18552 of 19 N Vasavi

8-2-293/82/J/A/28

475

500

27.7.19

6

18561 of 19 M Madan Mohan Reddy

8-2-293/82/J/A/25

350

500

27.7.19

7

18580 of 19 D Prabhakar Reddy

8-2-293/82/J/73-A

406

 315

27.7.19

3.2. According to petitioners, they have obtained building permissions and constructed houses in plots purchased by them. Abutting their plots, there is vacant Government land covered with boulders and bushes and habitated by snakes and reptiles. As there was threat to life, petitioners spent huge money to clean the bushes, constructed servant quarters and compound wall and they have been in occupation and possession of said vacant land ever since they purchased house plots from the members of the respondent society. G.O.Ms. No. 508 Revenue (Assn.I) Department dated 20.10.1995 was issued by Government inviting applications for regularisation of encroachments by way of dwelling houses on Government lands. Petitioners and others made applications on 5.12.1995 to the District Collector, Hyderabad district seeking regularisation of encroachments made by them in T.S No. 6, 7, 8 Ward No.9, Block D and T.S. No.1 Block-J, Ward No.9, Shaikpet village and mandal. Responding to said request the District Collector directed the Mandal Revenue Officer to enquire into the matter. The MRO conducted enquiry and submitted his report stating that the encroachments made by petitioners and others are unobjectionable, not required for any public purpose; that as per approved master plan the land use is specified for residential purposes and the land is vacant.

Based on the said report, the District Collector vide his letter da

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