Point of law: Co operative society - Encroachment of Land - Right to fair compensation - Concept of equity, justice and good conscience is part of Indian law and can be applied by the Courts in certain circumstances.

ORDER :

M.S. Ramachandra Rao, J.

All these Writ petitions relate to the same property and common questions of law and fact arise for consideration and so they are being disposed off in this common order. The cases have a chequered history starting from 1963 till date.

The Background Facts 1963-1978

2. A Housing Society by name Kalyan Nagar Co-operative Housing Society Ltd (for short ‘the Society’) was registered as a Co-operative Society under the A.P. (Telangana Area) Co-operative Societies Act, 1952 on 10.12.1963. It has 350 members from lower/middle class families.

3. On 5.11.1964, the said Society purchased from Smt. C. Rajya Lakshmi Devi and another under a Regd.Sale deed Doc.No.3143 of 1964, an extent of Ac.34.00 gts and 4472 sq.yds in Sy.No.128/1 and 128/10, Yousuguda Village, Hyderabad West.

4. Under another regd. Sale deed Doc.No.2074 of 1964 dt.16.11.1964, it also purchased from A. Ramaswamy and another extent of Ac.3.00 gts and 2489 sq.yds in Sy.No.128/1 and part of Sy.No.128/10 of Yousufguda Village.

5. On 7.3.1969, C.Rajya Lakshmi Devi and another executed a regd. Rectification deed dt.7.3.1969 bearing Doc.No.751/1969 correcting the marking and sketch of the lands registered under the Sale deed dt.5.1.1964 by furnishing a revised plan without any change in the area or boundaries.

6. Thus about Acs.38.00 and 2121 sq.yds was purchased by the Society in Sy.No.128/1 and 128/10 of Yousufguda Village.

7. On 1.3.1978, the Director of Town Planning and the Municipal Corporation of Hyderabad issued an approved layout to the Society comprising 287 house plots in an area of Ac.38.00 through L.P.No.14/74.

8. However sale deeds could not be executed in favor of the members/allottees in view of the prohibition under the Urban Land (Ceiling and Regulation) Act, 1976 and the Society was awaiting exemption from the provisions of the said Act for the sale of the land to it’s members.

1978-1990

9. In the meantime, the land started getting encroached, according to the Society with the active encouragement and help from a local politician, politician and a Member of Legislative Assembly (for short ‘MLA’) by name P.Janardhan Reddy, who later also became a Minister in the State cabinet of the State of Andhra Pradesh.

10. On 14.8.1978, the Society filed O.S.No.2616/1978 before the II Asst. Judge, City Civil Court, Hyderabad against 4 persons for permanent injunction restraining them from interfering with the possession of the Society of Acs.38.00 and 2121 sq.yds. The said Court decreed the suit on 30.11.1981.

11. According to the Society, between 1986 and 1988, the encroachers / land grabbers did not vacate, but continued in the occupation of land with political support and slowly extended their occupation of the land with the help of the local MLA P.Janardhan Reddy. Many more huts were raised and in all there were 503 land grabbers who occupied the entire land belonging to the Society.

12. On 15.2.1988, the then State Govt. of Andhra Pradesh issued G.O.Ms.No.114, Revenue (UC.I) Department dt.15.2.1988, in exercise of powers conferred on it under Sec.34 of the Urban Land (Ceiling and Regulation) Act, 1976, deleting the lands purchased by the Society from the excess land holdings of it’s vendor Smt. C.Rajyalakshmi Devi (Sl.No.5 and 8 of the said G.O).

13. On 10.8.1988, the Society filed LGC No.2 of 1988 against 500 encroachers / land grabbers under the A.P. Land Grabbing (Prohibition) Act, 1982 before the Special Court constituted under the said Act, and all 503 persons who were illegally in possession of the land of Ac.38.00 and 2121 sq.yds., were impleaded therein.

14. Cognizance of the case was taken by the Special Court constituted under the said Act under proviso to Sec.8(1-A) and notices were issued to the respondents. A notification was also issued under the proviso to sub-Section (6) of Sec.8 of the said Act and published in the Andhra Pradesh Gazette Part-II (Extraordinary) dt.22.9.1988 calling for objections, if any, on or before 26.9.1988. No o