ORDER :

UJJAL BHUYAN, J.

Heard Mr. D.Prakash Reddy, learned Senior Counsel representing Mr. Mohammed Omer Farooq, learned counsel for the petitioners; Mr. B.S.Prasad, learned Advocate General for the State of Telangana for the State respondents; and Mr. S.Niranjan Reddy, learned Senior Counsel representing Ms. Rubaina S. Khatoon, learned counsel for respondents No.10, 11 and 12.

2. This public interest litigation (PIL) has been filed assailing the legality and validity of G.O.Ms.No.59 dated 22.03.2018 of the Revenue (Assignment-II) Department, Government of Telangana as well as Memo dated 02.08.2018 issued by the Special Chief Secretary to Government of Telangana, Revenue (Assignment-II) Department.

3. By G.O.Ms.No.59 dated 22.03.2018, Government of Telangana decided to allot government land to an extent of Acs.15.00 situated in Survey No.41/14/2 of Khanamet Village, Serilingampally Mandal in Ranga Reddy District in favour of M/s.Sai Sindhu Foundation i.e., respondent No.10, which would also be referred as Sai Sindhu Foundation, for construction of hospital for cancer and other life threatening diseases on a non-profit basis on lease on the same terms and conditions as applicable in the case of Basavatarakam Cancer Hospital, Hyderabad. Accordingly, the said government land was ordered for allotment in favour of Sai Sindhu Foundation. The allotment has been made subject to certain conditions contained in G.O.Ms.No.59 dated 22.03.2018 which we will advert to in the course of the judgment.

4. By Memo dated 02.08.2018, government ordered that the said land be handed over to Sai Sindhu Foundation, further requesting the Collector, Ranga Reddy District to calculate the lease amount per annum duly keeping in view the present lease amount charged at the rate of Rs.50,000.00 per annum on 5% increase of lease rent for every three years as fixed in the case of Basavatarakam Cancer Hospital.

5. PIL petitioners are Dr. Urmila Pingle and Mr. Kanagasabai Suresh Kumar. First petitioner is a medical anthropologist and is a well known activist in the field of environmental issues and human rights, particularly tribal rights. She is a member of several societies and has a number of publications in reputed journals to her credit. Petitioner No.2 is a Hyderabad based practicing lawyer.

6. As already mentioned above, the PIL has been filed assailing the above G.O.Ms.No.59, dated 22.03.2018 and Memo dated 02.08.2018 whereby it has been alleged that the State authorities in an unreasonable and arbitrary manner allotted government land to Sai Sindhu Foundation at extremely meagre and nominal rates in utter violation of Government Land Allotment Policy and other legal provisions and in the process causing huge pecuniary loss to the State exchequer which has been quantified by the petitioners at Rs.5,344.6 crores. It is alleged that valuable land measuring Acs.15.00 located in prime area of the city has been leased out to Sai Sindhu Foundation for a period of sixty years for a nominal lease rent of Rs.1,47,743.00 per annum which, it is alleged, is in direct contravention of the Government Land Allotment Policy contained in G.O.Ms.No.571, dated 14.09.2012 as amended vide G.O.Ms.No.218, dated 01.12.2015.

7. In order to ensure judicious allotment of government land for public purposes and to ensure uniformity, G.O.Ms.No.571, dated 14.09.2012, was introduced.

Clause 3(h)(d) of G.O.Ms.No.571 deals with lease rental. It says that lease rental will be 10% of the prevailing market value as fixed by the competent authority. The lease rental shall be revised every five years and re-fixed at 10% of the prevailing market value as on the date of revision.

8. It is the case of the petitioners that land allotment in favour of Sai Sindhu Foundation ought to have been governed by the aforesaid lease rental clause and other provisions of the Government Land Allotment Policy. I