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2023 Supreme(Telangana) 633

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B. VIJAYSEN REDDY, J.
Smt. Eeranki Harika & Others - Petitioners
Versus
The State of Telangana, Rep. by its Principal Secretary Revenue (Assignment) Department, Secretariat, Hyderabad & Others - Respondents
W.P. Nos. 84, 101, 107, 114, 127, 129, 130, 133, 138, 140, 6062, 6494, 6543, 6561, 6610, 6787, 7990, 8008, 8308, 8432, 8865, 9550, 10930, 15279, 15284, 16573, 16576, 17195, 17225, 19579 of 2023
Decided On : 12-09-2023

Advocates Appeared:
For the Petitioners: Mr. L. Harish, Mr. Chetluru Sreenivas, Mr. Gudi Madhusudhan Reddy, Mr. Gouravulu Anil Kumar, Mr. Rupendra Mahendera, Mr. P.L. Rao, Mr. Venkat Raghu Ramulu.
For the Respondents:Mr. Harender Pershad, Special Government Pleader representing the Advocate General.

Headnote:

G.O. Ms. No.59 - Regularisation of Land Encroachments - 30.12.2014, 14.02.2022, 01.03.2023 - The court considered the regularisation scheme under G.O. Ms. No.59 dated 30.12.2014 and its extension under G.O. Ms. No.14 dated 14.02.2022, and the subsequent amendment by G.O. Ms. No.22 dated 01.03.2023. The court analyzed the conflicting interpretations of the basic value of land and the cut-off date for determining the market value, ultimately upholding the government's power to alter or amend the scheme before any legal right is vested in the applicant/s.

Fact of the Case:

The Government of Telangana issued a regularisation scheme for land encroachments, and the petitioners challenged the demand notice for excess regularisation charges, arguing that the demand was based on the prevalent basic rates of 2022, which was contrary to the G.O. Ms. No.59.

Finding of the Court:

The court found that the petitioners, being encroachers, did not have a fundamental right to claim regularisation at the basic market value of their plot as on 02.06.2014. The court upheld the government's power to alter or amend the scheme before any legal right is vested in the applicants.

Issues: The main issue was whether the petitioners, as encroachers, had a fundamental right to seek regularisation at the basic market value of their plot as on 02.06.2014.

Ratio Decidendi: The court held that the petitioners, being encroachers, did not have a fundamental right to claim regularisation at the basic market value of their plot as on 02.06.2014. The government had the power to alter or amend the scheme before any legal right was vested in the applicants.

Final Decision: The batch of writ petitions was dismissed without any order as to costs. The petitioners were directed to deposit the remaining 75% of the demand made under the impugned notice within six weeks, and were given liberty to submit representations for proper assessment of regularisation charges.

ORDER :

As common issue arises for consideration in all these writ petitions, they are being disposed of by this common order, at the admission stage itself, with the consent of both sides.

2. The pleadings in W.P. No.84 of 2023, which is taken as lead case for disposal of this batch of writ petitions, are as under:

2.1. The Government of Telangana State issued G.O.Ms.No.59 dated 30.12.2014 for regularisation and transfer of rights on land encroachments on unobjectionable Government lands, surplus lands and ULC lands to the people on payment basis. As per the said G.O., the persons who are in possession of land on or before 02.06.2014 are eligible for regularisation on payment of amount.

2.2. The rates fixed for the respective extent of residential land are as under :

    1. Possession up to 250 square yards, 50% of the basic value as on 02.06.2014.

2. Possession up to 500 square yards, 75% of the basic value as on 02.06.2014.

3. Possession above 500 square yards, basic value as on 02.06.2014.

2.3. In case of regularisation of non-residential land, irrespective of extent, basic value as on 02.06.2014 shall be collected.

2.4. The Government of Telangana has issued G.O. Ms. No.14, Revenue (Assignment-I) Department, dated 14.02.2022 recommending rates for regularisation as per the amendment issued in G.O. Ms. No.12 dated 30.01.2015 which are as under :

    1. Upto 250 square yards, 25% of the basic value as on 02.06.2014.

2. Upto 500 square yards, 50% of the basic value as on 02.06.2014.

3. Above 500 square yards, 75% of the basic value as on 02.06.2014.

2.5. The Petitioner submitted Application No.AOGO22200175256 dated 05.12.2022 for regularisation of Plot bearing H.No.9-75, admeasuring 245 square yards, in Survey No.141 of Mamidipally Village, Balapur Mandal, Ranga Reddy District. The petitioner received demand notice issued by respondent No.2 - the District Collector, Ranga Reddy District, to pay Rs.10,74,850/- towards regularisation charges in three (3) installments which is as under :

1.

First Installment, 35% of total amount :-

Rs.3,76,198/-

Last Date for payment is 04-01-2023.

2.

Second Installment, 35% of total amount :-

Rs.3,76,198/-

Last date for payment is 04.02.2023.

3.

Third and Final Installment, 30% of total amount:-

Rs.3,22,455/-

Last date for payment is 07.03.2023.

2.6. It is submitted that as per G.O. Ms. No.59 dated 30.12.2014 read with G.O. Ms. No.14 dated 14.02.2022, regularisation charges for the land up to 250 square yards is 25% of the basic value as on 02.06.2014. The basic value of the subject land as on 02.06.2014 was Rs.3,500/- per square yards. Thus, the total value of the subject land is Rs.8,57,500/- and 25% of the same comes to Rs.2,14,375/- which is required to be paid by the petitioner for regularisation.

2.7. The demand of Rs.10,74,850/- towards regularisation charges made by respondent No.2 is excess, as such, the same is illegal, arbitrary and in violation of principles of natural justice. Hence, this writ petition.

3. Heard Mr. L. Harish, Mr. Chetluru Sreenivas, Mr. Gudi Madhusudhan Reddy, Mr. Gouravulu Anil Kumar, Mr. Rupendra Mahendera, Mr. P.L. Rao, and Mr. Venkat Raghu Ramulu, learned counsel for the petitioners; Mr. Harender Pershad, learned Special Government Pleader, representing the learned Advocate General, and also appearing for learned Government Pleaders for Assignment and Revenue for the respondents, and perused the material on record.

4. The learned counsel for the petitioners submitted that regularisation scheme under G.O. Ms. No.59 dated 30.12.2014 was extended under G.O. Ms. No.14 dated 14.02.2022. The cut off date for determining basic value is fixed as 02.06.2014 as clearly evident from G.O. Ms. No.14. The stand taken by the Government that basic rate as on the date of application (in the year 2022) has to be paid by the petitioners is contrary to G.O. Ms. No

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