THE HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.9666 of 2006

ORDER:

This writ petition is filed seeking to declare the action of the respondent in publishing the notification dated 21.01.2006 in the A.P. Gazette No.19, Part-II Extra Ordinary under Section 10(1) of the Urban Land (Ceiling & Regulation) Act, 1976 (for short, ‘Act, 1976’), another Notification dated 07.02.2006 published in A.P. Gazette No.36, part II extraordinary under Section 10(3) of the Act, 1976 and issuing a notice under Section 10(5) of the Act, 1976 as illegal and arbitrary and consequently prayed this Court to set aside the same and for other appropriate reliefs.

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. It is stated that the petitioner No.1 is a charitable trust undertaking the charitable activities. It is also stated that the petitioner No.1 is the absolute owner and possessor of property bearing H.No.1-65/70 with its appurtenant site, total admeasuring 469.83 sq.mts in Plot No.70, out of Sy.No.41 part of Guttalabegumpet Village, popularly known as Kavuri Hills, Hyderabad, having acquired the same under a gift deed bearing document No.7051 of 2004, dated 28.06.2004. The petitioner No.1 has constructed a building after obtaining permission from the municipal-authorities and the same was assessed for property tax. It is further stated that the petitioner No.3 is the original owner and possessor of Plot Nos.27 & 28, total admeasuring 836 sq.mts., out of Sy.No.41 part, situated at Guttalabegumpet Village, Serilingampally Mandal, R.R. District, having purchased the same under registered sale deeds bearing document Nos.14015/89, 14014/89 from its lawful owners. It is further stated that petitioner No.2 is the pattadar of the lands in Sy.No.41 part of Guttalabegumpet Village, Serilingampally Mandal, R.R. District, has filed a statement in Form No.1 under Section 6(1) of the Act and the said declaration was taken on file in C.C.No.F1/10330/76 by the competent authority and a final order dated 26.06.1982 has been passed under Section 8 (4) of the Act, determining an extent of 55,947.79 sq.mts in Sy.No.41 part, situated at Guttalabegumpet Village as surplus land apart from other lands and accordingly, issued final statement under Section 9 of the Act. It is further stated that questioning the said proceedings, the petitioner No.2 has filed an application on the file of the Government seeking exemption of the said land admeasuring 55,947.79 sq.mts in Sy.No.41 part, situated at Guttalabegumpet Village in terms of the G.O.Ms.No.733, Revenue (UC.II) Department, dated 31.10.1988. The Government issued Memo NO.44946/UC.II(2)/89-1 dated 19.05.1989 stating that as the said land is situated within the peripheral area of Hyderabad Urban Agglomeration, there is no need to issue separate orders exempting the land to an extent already covered by G.O.Ms.No.733 dated 31.10.1988 from the provisions of ULC Act,1976 provided the land in question is sold as house site plots after getting the layout approved by the Hyderabad Urban Development Authority (HUDA). It is the case of the petitioners that the petitioner No.2 along with owners of lands in Sy.No.42 obtained layout from the HUDA vide Permit No.6638/89 dated 18.05.1991 and as per the sanctioned layout the 2^nd petitioner got an extent of 19,131.34 sq.mtrs which is equivalent to 22,957.61 sq.yards only towards saleable area which is less than Ac.5-00 gts.

4. Learned counsel for the petitioners has submitted that ignoring the Memorandum dated 19.05.1989 issued by the Government granting exemption, the respondent has issued impugned notifications dated 21.01.2006 and 07.02.2006 under Sections 10 (1) and 10(3) of the ULC Act, 1976 respectively and consequently, a notice under Section 10(5) of the Act was also issued. It is further submitted that the Parliament has enacted the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (for short, ‘Repeal Act, 1999’