Point of law: Restriction should be imposed only to protect ownership rights of assignee.

JUDGMENT :

(Ujjal Bhuyan, J.)

1. Heard Mr. Radhive, learned Government Pleader attached to the office of the learned Advocate General for the appellants; and Mr. J.Ashvini Kumar, learned counsel for the respondents.

2. This intra-court appeal assails the legality and correctness of the final order dated 23.03.2018 passed by the learned Single Judge in W.P.No.3254 of 2005 filed by the respondents as the petitioners.

3. In the related writ petition, challenge was made to two communications dated 10.09.2004 and 23.11.2004 of appellant No.1- Special Deputy Collector and Land Acquisition Officer, International Airport, Shamshabad, Ranga Reddy District.

4. By the first impugned communication dated 10.09.2004, appellant No.1 had informed the respondents that after due enquiry, it was found that predecessor-in-interest of the respondents was not in possession of the assigned land in Survey No.201/6 situated at Chinna Gollapally Village; the said land was already handed over to the Land Acquisition Officer for the international airport project at Shamshabad. Therefore, their request for payment of compensation deserved no consideration.

5. By the second impugned communication dated 23.11.2004, appellant No.1 informed the respondents that as they had sold away the assigned land, Mandal Revenue Officer had initiated the proceedings under the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977 (briefly ‘the Act’ hereinafter) whereafter, possession of the land was taken over by the Government. Subsequently, the land was handed over to the Land Acquisition Officer for international airport project at Shamshabad. Therefore, request of the respondents for payment of compensation was rejected.

6. The case projected by the respondents before the learned Single Judge was summed up in the following manner:

The petitioner was originally assigned the subject land vide proceedings No.A9/7089/1961 dated 11.12.1961. Since then, he has been in continuous possession and enjoyment of the same. In the year 1982, the petitioner has shifted his residence to Uppuguda due to his sickness. Taking advantage of his absence in the village, his name was deleted in the revenue records. Aggrieved by such deletion, he made an application to the second respondent and the second respondent vide letter No.B/1100/98 dated 25.05.2004 held that the transfer of assigned land is void ab initio and hit by the provisions of Sections 3 and 4 of The Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘Act, 1977’) and ordered to vacate the purchasers from the land and resume to the original assignees or their legal heirs. While matter stood thus, the first respondent has taken possession of the subject land along with other lands for the purpose of construction of International Airport at Shamshabad. But, the petitioner was not paid any compensation. Petitioner submitted representation dated 02.06.2004 to the first respondent. The first respondent issued Memo No.B/158/04 dated 10.09.2004 rejecting his claim stating that the matter has been enquired into and found that the petitioner was not in possession of the land in Survey No.201/6 situated at Chinnagollapalli (V). It is the contention of the petitioner that the second respondent vide letter dated 25.05.2004 stated that the land is in occupation of encroachers, purchasers, occupiers and is hit by provisions of Act 9 of 1977 and ordered to evict the encroachers from the land and to resume the land to the original assignees and therefore it shall not be considered that the second respondent has taken possession of the Government land and handed over to the first respondent for formation of International Airport. It is further stated that the assignment of land to the petitioner was not cancelled at any time as per the provisions of Act, 1977 and taken possession of the subject land. Hence, the petitioner is entitled for compensation for the subject land in view of the judgment of Full Benc