IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B. Vijaysen Reddy, J.
Yemmireddy Jaihind Reddy - Appellant
Versus
State of Telangana - Respondent
Writ Petition No. 2990 of 2023
Decided On : 03-10-2023
Urban Land Ceiling Act - Land Regularization - Sec. 10(6) of the Urban Land (Ceiling and Regulation) Act, 1976 - The court discussed the application of G.O.Ms.Nos.455, 456, 747, and 92, and the implications of the layout being shown as park area. The court analyzed the legal provisions and their interpretations, including the power of the Government to reject regularization on the ground of public interest or public purpose.
Fact of the Case:
The petitioners purchased agricultural land, divided it into house plots, and applied for regularization under various government orders. The authorities rejected their application, claiming the land to be park area.
Finding of the Court:
The court found that the land was declared surplus under the Urban Land Ceiling Act and vested in the Government. The rejection of the regularization was based on the ground of public interest, as the land was shown as park area in the layout.
Issues: The main issue was the rejection of the petitioners' application for land regularization, based on the classification of the land as park area and its status as surplus land under the Urban Land Ceiling Act.
Ratio Decidendi: The court held that the petitioners were not entitled to regularization as the land was vested in the Government as surplus land and the rejection was based on public interest. The court also noted that the petitioners could not reapply for regularization after the initial rejection.
Final Decision: The writ petition was dismissed, and the miscellaneous petitions pending were closed, with no order as to costs.
JUDGMENT
1. It is claimed that the petitioners along with their father had jointly purchased agricultural land admeasuring Ac.4.00 guntas covered by Sy.No.62 (part), situated at Madhapur Village and Grampanchayat, Serilingampally Revenue Mandal and Municipality, Ranga Reddy District, under a registered sale deed bearing document No.12314/1990, dtd. 13/8/1990 from one Sri Mekala Vittalaiah, S/o Sri Ramulu and four others through their registered General Power of Attorney holder and they have been in absolute possession and enjoyment of the property.
2. It is stated that after purchasing the said property the petitioners herein divided their land into house plots and sold in favour of third parties and the petitioners herein retained an extent of 1860 square yards out of Ac.4.00 guntas for their personal use. The original owners i.e. Mekala Vittalaiah and four others filed declarations before the Urban Land Ceiling Authority in File No.F1/4143/6(1)2004 and were declared as surplus land holders for an extent of 73, 462.38 square meters of land (including the subject land) in Sy.Nos.31, 32, 33, 34, 35, 36 and 62, situated at Madhapur Village and Gram Panchayat, Serilingampally Mandal and Municipality, Ranga Reddy District and the ULC authorities have taken paper possession of the surplus land under Sec. 10(6) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short 'the Act').
3. It is stated that the erstwhile Government of Andhra Pradesh issued G.O.Ms.Nos.455 and 456 Revenue (UC-I) Department dtd. 29/7/2002 inviting applications from the general public who were in possession of the surplus land to seek regularization of the subject land. Pursuant thereto, the 21 plot holders have filed applications before the Special Deputy Commissioner, Circle-11, Ranga Reddy zone. The said plots were regularized by issuing G.O.Ms.No.446 Revenue (UC-III) Department dtd. 9/4/2007. The ULC Act was repealed in State of Andhra Pradesh with effect from 27/3/2008.
4. It is stated that the Government of Andhra Pradesh, taking into consideration the public interest, issued G.O.Ms.No.747 Revenue (UC-I) Department dtd. 18/6/2008 calling for applications from the general public whoever have not availed the exemption given in G.O.Ms.No.455 and 456 dtd. 29/7/2002. In pursuance thereof, the petitioners filed an application on 24/12/2013 seeking regularization of the plot for an extent of 1860 square yards out of Ac.4.00 guntas which they have purchased under a registered sale deed bearing document No.12314/1990 dtd. 13/8/1990. The petitioners paid an amount of Rs.20, 00, 000.00 through Demand Draft bearing No.003512 dtd. 24/12/2013.
5. It is stated that the respondent No.2 issued a memo dtd. 12/2/2014 in File No.F1/747/26266/2013 in CC No.F1/4143/2004 directing the petitioners to submit registered documents along with link documents duly attested by the Gazetted officer and also directed them to deposit a demand draft for the deficit amount of Rs.43, 77, 889.00. The respondent No.2 issued a memo dtd. 3/10/2020 rejecting the application of the petitioners filed under G.O.Ms.No.747 dtd. 18/6/2008 seeking regularization of their plot and directed them to submit Bank pass book and Aadhar card for verification and to process the refund of regularization amount. It is stated that before rejecting the application filed by the petitioners through memo dtd. 3/10/2020, the respondent No.2 addressed a letter dtd. 21/6/2018 to the Commissioner, GHMC, Hyderabad, Telangana requesting to verify the record as to whether there is any valid layout in respect of Plot No.4/A in Sy.No.62 of Madhapur Village consisting of park for taking further necessary action and to dispose of the application filed by the petitioners herein.
6. It is contended that the respondent No.2 without waiting for the report from the Commissioner, GHMC, whether there is any valid layout in respect of Sy.No.62 of Madhapur Village and Gram Panchayat arbitrarily issued the memo dtd. 3/10/2020. The pe
The main legal point established in the judgment is that the rejection of land regularization can be based on public interest, and the status of the land as surplus land under the Urban Land Ceiling ....
The court held that disputed questions of title and possession cannot be resolved in a writ petition, and the petitioners were entitled to remain in possession of the land despite ULC proceedings.
The classification of land as an open space in approved layout and town planning schemes precedes any request for re-classification, and re-classification of land meant for an open space is impermiss....
Regularization of unauthorized occupation of government land cannot be claimed as a matter of right, especially when public interest is involved, and applications must be evaluated based on the law i....
The court upheld that procedural lapses and incorrect legal interpretation invalidated the orders of the competent authority on land ownership.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.