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B. VIJAYSEN REDDY
G. Siva Sankar Reddy – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. factual background of land acquisition (Para 1 , 2 , 3 , 4) |
| 2. analysis of procedural correctness in ulc proceedings (Para 5 , 6 , 7 , 10 , 11) |
| 3. arguments against the validity of ulc proceedings (Para 12 , 13 , 14) |
| 4. court observations on possession and statutory compliance (Para 16 , 17 , 20 , 21) |
| 5. locus standi and validity of property transfer post-repeal (Para 26 , 30) |
| 6. relevance of possession and final outcome. (Para 32) |
| 7. final conclusion and decision of the court (Para 33) |
ORDER:
The matter arises under the Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘the Act’).
2. It is claimed that the petitioners No.1 and 2 have jointly purchased the immovable property comprising of old structure known as ‘Vijaya Talkies’, admeasuring 7073 sq. feet bearing Municipal No.7-1-620 along with appurtenant open land, totally admeasuring 4,685 sq. yards, in Sy.No.26 of Ameerpet Revenue Village, Ameerpet, Hyderabad, within the limits of Greater Hyderabad Municipal Corporation, under registered sale deed bearing document No.2031 of 2010 dated 04.08.2010.
3. It is stated that the predecessor-in-title, late Sri. Mohd Hyder Ali Khan, was the owner and possessor of lands in
Proceedings issued under the Urban Land Ceiling Act against a deceased declarant are null and void; possession must be established prior to claiming surplus land.
The appellants, a series of so called bona fide Purchasers, have kept this lis alive against the State Government and those 83 allottees, who were allotted their lands out of such excess land vested ....
plain language of sub-section (5) of Section 10 means and envisages a notice in writing in the form of an order to surrender or make over the possession to the State. Sub-Section (5) notice is not in....
The court held that statutory compliance under the Urban Land (Ceiling and Regulation) Act is mandatory for valid dispossession, emphasizing that mere vesting does not equate to possession.
Failure to issue notice under Section 10(5) of the ULC Act to possessors renders dispossession unlawful and results in the abatement of proceedings under Section 4 of the Repealing Act.
Serious disputed facts on Section 10(5) notice service and physical possession taking under ULC Act prevent writ determination of abatement under Repeal Act Section 4; relegation to civil suit approp....
Notice under Section 10(5) of the Urban Land (Ceiling and Regulation) Act, 1976 is issued to him to surrender such possession to the State Government, or the authorized officer or the competent autho....
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