IMPORTANT POINT
IMPORTANT POINT
The competent authority's failure to issue notice to interested parties under the Urban Land (Ceiling and Regulation) Act invalidates the proceedings, emphasizing the necessity of due process.

JUDGMENT :

(Alok Aradhe, CJ.) :

Mr. D.V.Chalapathi Rao, learned Government Pleader for Assignment for the appellants.

Mr. V.R.Avula, learned Senior Counsel for the petitioners in W.P.Nos.30470 of 2012; 4257 and 5977 of 2014 and for the unofficial respondents in W.A.Nos.1099, 1100, 1101, 1121, 1142, 1150, 1151, 1169, 1170, 1207, 1222, 1231, 1237, 1238, 1246, 1708, 1709, 1715, 1719, 1743, 1747, 1754, 1755, 1756, 1757, 1758, 1761, 1764, 1765, 1767, 1768, 1785, 1786, 1797, 1798, 1799, 1801, 1802, 1804, 1806, 1849, 1857, 1873, 1938, 1989 and 2002 of 2017; 72, 326, 338 of 2018; and 581 of 2020.

Mr. S.Ravi, learned Senior Counsel representing Mr. V.Naveen Kumar, learned counsel for the respondent No.1 in W.A.Nos.1222, 1237 and 1748 of 2017.

Mr. V.Narasimha Goud, learned Standing Counsel for the Hyderabad Metropolitan Development Authority (HMDA).

Ms. T.Kanya Kumari, learned counsel representing Mr. M.Dhananjay Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation (GHMC).

2. The bunch of intra court appeals emanate from the common order dated 29.12.2016 passed in W.P.No.18316 of 2008 and batch by the learned Single Judge. The writ petitions, namely W.P.Nos.30470 of 2012 and 4257 and 5977 of 2014, have been filed challenging the final statement dated 30.08.1995 issued under Section 9 of the Urban Land (Ceiling and Regulation) Act, 1976 by the competent authority as well as G.O.Ms.No.985, dated 02.08.2008. The issue in the bunch of intra court appeals and the writ petitions being similar, the appeals as well as the writ petitions were heard together and are being decided by this common judgment.

(I) FACTS:

3. Facts giving rise to filing of these appeals briefly stated are that one Mr. Abdul Rahman and Mr. Shaik Ibrahim were owners of land measuring Acs.92.21 guntas in survey Nos.148 to 155 of Hydernagar Village, Balanagar Mandal (the then Rajendranagar Taluq), Ranga Reddy District (hereinafter referred to as ‘the subject land’). The said land was purchased vide registered sale deed dated 10.11.1964 by K.Seetharam Reddy, K.Yellaiah, S.Govind Reddy, G.Shankar Reddy, Abdul Aziz and Mohammed Ismail (hereinafter referred to as ‘the owners’). One of the purchasers, namely Mohd. Abdul Aziz filed a declaration on 12.08.1976 under Section 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as ‘the Act’). During the pendency of the proceeding before the competent authority under the Act, it appears that the owners made an application on 05.04.1979 before the competent authority under the Act. Thereupon, a Certificate dated 13.08.1979 was issued by the competent authority that the land measuring Acs.93.24 guntas is situated outside the municipal limits and within the peripheral limits of agglomeration and is recorded in the revenue records as agricultural land and is being presently used for agricultural purpose. It was further certified by the competent authority that since the land is an agricultural land, the provisions of the Act are not applicable in respect of the land in question.

4. Thereafter, the owners of the subject land vide registered sale deed dated 20.05.1980 sold the land to the Gopalanagar Co-operative House Building Society Limited (hereinafter referred to as ‘the Society’). The State Government issued a master plan vide G.O.Ms.No.319 dated 23.06.1980 by which the subject land was included within the master plan. After the subject land was sold by the owners of the Society on 20.05.1980, the competent authority under the Act issued a notice on 07.10.1980 by which one of the owners, namely Mr. Mohd. Abdul Aziz who was required to attend the enquiry on 14.10.1980 for verification of the statement in Form-I. Thereafter, the competent authority recorded the statement of one of the owners, namely Mr. Mohd. Abdul Aziz on 13.10.1987, in which, he stated that he had purchased the subject land jointly along with five others and has sold the same to the Society. The competent authority under