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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Satish Chandra Sharma, Abhinand Kumar Shavili, JJ.
The State of Telangana, represented by its Principal - Petitioner
Versus
Sri. S.Narender s/o Late Sree Ramulu – Respondent
Writ Appeal No.488 of 2017
Decided On : 09-03-2022
Land Transfer - Land Acquisition - Transfer of Property Act, 1882 - A.P. Rights in Land and Pattadar Pass Books Act, 1971 - Land Acquisition Act, 1894 - The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - [LAND TRANSFER] - [Land Acquisition] - [Transfer of Property Act, 1882, A.P. Rights in Land and Pattadar Pass Books Act, 1971, Land Acquisition Act, 1894, The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013] - The court discussed the transfer of land based on a letter from a former Member of Parliament and the subsequent actions of the State Government. The court highlighted the lack of valid title transfer and the absence of necessary documents under the Transfer of Property Act, 1882. It also emphasized the failure of the State Government to acquire the land under the Land Acquisition Act, 1894 or the Act of 2013, and its interference with the possession of the landowner without proper compensation.
Fact of the Case:
The case involved a dispute over the ownership of land transferred to the State Government based on a letter from a former Member of Parliament. The landowner's descendants challenged the transfer, citing the absence of a valid deed of transfer and the subsequent mutation of the land in the revenue records. The court found that the State Government failed to acquire the land under the Land Acquisition Act, 1894 or the Act of 2013, and interfered with the landowner's possession without proper compensation.
Finding of the Court:
The court found that the transfer of land to the State Government based on a letter from a former Member of Parliament lacked a valid title transfer and necessary documents under the Transfer of Property Act, 1882. It also concluded that the State Government failed to acquire the land under the Land Acquisition Act, 1894 or the Act of 2013, and interfered with the landowner's possession without proper compensation.
Issues: The issues involved the validity of the land transfer based on a letter from a former Member of Parliament, the absence of necessary documents under the Transfer of Property Act, 1882, and the failure of the State Government to acquire the land under the Land Acquisition Act, 1894 or the Act of 2013, and its interference with the possession of the landowner without proper compensation.
Ratio Decidendi: The court held that the transfer of land to the State Government lacked a valid title transfer and necessary documents under the Transfer of Property Act, 1882. It also emphasized the State Government's failure to acquire the land under the Land Acquisition Act, 1894 or the Act of 2013, and its interference with the landowner's possession without proper compensation.
Final Decision: The writ appeal was dismissed, upholding the order passed by the learned Single Judge. The court also imposed exemplary costs on the State Government for its actions.
Key Points: - The transfer of land to the State Government based solely on a letter from a former Member of Parliament lacked a valid title transfer and necessary documents under the Transfer of Property Act, 1882 (!) (!) . - The State Government failed to acquire the land under the Land Acquisition Act, 1894 or the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and interfered with the landowner's possession without proper compensation (!) (!) . - The court directed the State Government to initiate proceedings under the Land Acquisition Act, 2013 and pay compensation to the landowner within three months (!) (!) . - The court held that a registered holder may relinquish land by submitting an unconditional written declaration to the Tahsildar, and the former Member of Parliament was not the registered holder (!) (!) . - The court emphasized this is a classic example of the Government attempting to transfer private land to the Government without following legal procedures for land acquisition (!) (!) .
JUDGMENT :
Satish Chandra Sharma, J.
1. The present writ appeal is arising out of the order dated 05.01.2017 passed by the learned Single Judge in W.P.No.21794 of 2016.
2. The undisputed facts of the case reveal that land admeasuring Ac.9.35 guntas bearing Survey No.197 situated at Yapral Village, Malkajgiri Mandal, Ranga Reddy District was under the ownership of one late Sri Sriramulu @ Shivaram and he was also owner of land admeasuring Ac.11.05 guntas bearing Survey No.196 situated at the same Village. The facts further reveal that one Sri M.R. Krishna, former Member of Parliament, addressed a letter dated 07.03.1990 to the Mandal Revenue Officer, Malkajgiri, Ranga Reddy District, stating that he has purchased land in Survey Nos.196 and 197 of Yapral Village from the land owner, Sri P. Shivaram S/o. Sri Venkatswamy, in the year 1955. It was also stated in the aforesaid letter that he is eager to build about 200 more houses for the houseless families and to transfer the aforesaid land to the State Government through Mandal Revenue Officer, Malkajgiri. The State Government, based upon the offer made by Sri M.R.Krishna, at that point of time took action in the matter and also mutated the name of the Government in the revenue records. Meaning thereby, in the absence of any deed of transfer, which is required under the Transfer of Property Act, 1882, simply on the basis of a letter of a Member of Parliament, the property of a private individual was treated to be transferred in the name of a Member of Parliament and then it was transferred in the name of the State of Telangana (erstwhile State of Andhra Pradesh).
3. The children of late Sri Sriramulu @ Shivaram were all Government servants, two of them were posted out of Telangana and one was in Telangana. The moment they came to know about such transfer of land, a writ petition i.e., W.P.No.20371 of 1997 was preferred by one of the children, Sri Narender. In the aforesaid writ petition, it was categorically stated that he is the owner of the land, as the predecessor-in-title is his father, there was no deed of transfer of title and based upon some letter of the former Member of Parliament, the land was transferred to the State Government and thereafter to some housing society. A prayer was made in the aforesaid writ petition that in case the State Government wants the land in question, appropriate proceedings under the Land Acquisition Act be initiated. At the same time, the writ petitioner, Sri Narender, also approached the revenue authorities for mutation of his name in the revenue records, as the name of Sri Sriramulu @ Shivaram was deleted from the revenue records and finally orders were passed by the revenue authorities rejecting his claim and therefore, a second writ petition was also preferred i.e., W.P.No.17811 of 2001. Both the writ petitions were heard together and after taking into account the entire history of the litigation, by an order dated 26.11.2001, the learned Single Judge has allowed the writ petitions.
4. The order dated 26.11.2001 passed by the learned Single Judge in W.P.Nos.20371 of 1997 and 17811 of 2001 is reproduced as under:-
In W.P.No.20371 of 1997, the petitioner is seeking a direction to the respondents to restore the land in Survey No.197 admeasuring Ac.9.37 guntas situated at Yapral village. Malkajgiri mandal, Ranga Reddy District or in the alternative to direct the respondents to initiate proceedings under the provisions of the Land Acquisition Act. W.P.No.17811 of 2001 is filed challenging the order passed by the 1st respondent-Joint Collector dated 21.8.2000 confirming the order of the 2nd respondent-Mandal Revenue Officer dated 24.8.1993.
The facts leading to the present writ petitions can be traced out in the following paragraphs.
The
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