THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.21935 OF 2018

ORDER:

Heard Learned Counsel for the petitioner, learned Assistant Government Pleader for Assignment appearing for the respondents and perused the material on record.

2. The contention of the petitioner is that the petitioner is an Ex-serviceman and retired as Sawar (Soldier) on 30.06.1985. After retirement, the Government assigned land to an extent of Ac.0-10 guntas in Sy.No.276 and an extent of Ac.4-30 guntas in Sy.No.411 situated as Mojerla Village, Pedda Mandadi Mandal by issuing proceedings No.B/523/1991, dated 16.07.1991. As per G.O.Ms.No.1117, Revenue (Assignment-I) Department, dated 11.11.1993, the Ex-servicemen are free to sell away their assigned land after a period of 10 years. In the year, 2006 the Government acquired the land of the petitioner to an extent of Ac.0-27 guntas for widening of the National Highway and also paid compensation. The revenue authorities issued pattadar passbooks to an extent of Ac.0-10 guntas in Sy.No.276 and Ac.4-30 guntas in Sy.No.411 of Mojerla Village, Pedda Mandadi Mandal. Due to financial crisis, the petitioner wanted to dispose of the land and the petitioner is entitled to sell the same as per G.O.Ms.No.1117, Revenue (Assignment-I) Department, dated 11.11.1993 as the property was assigned to the petitioner for more than 10 years. In view of the same, the petitioner made representation to the respondent No.2 for granting No Objection Certificate (NOC) to sell the property. The respondent Nos.3 and 4 submitted reports to the District Collector recommending granting NOC in favour of the petitioner. In spite of that, the respondent No.2 not issued any NOC and kept the matter pending before them. In view of the same, requested to allow the writ petition by directing the respondents to issue NOC immediately for the suit schedule property.

3. The contention of the respondents is that initially the proposal for granting NOC was examined and granted by the then District Collector in Proceedings No.E1/2940/2016, dated 01.08.2018 in accordance with G.O.Ms.No.307, Revenue (Assignment-I) Department dated 06.06.2013. As per G.O.Ms.No.307, Revenue (Assignment-I) Department dated 06.06.2013, the District Collector is competent to issue ‘NOCs’ for the lands where market value less than Rs.50,00,000/- (Rupees Fifty Lakhs only). The market value shall be fixed based on the prevailing market value as arrived at by conducting local enquiry by the Tahsildar/RDO/Joint Collector concerned. The market value thus fixed shall not be less than the basic value of the registration Department. The Tahsildar reported the prevailing market value of the subject land is Rs.50,00,000/- per acre as it is abutting to the NH-44. Since the land value is more than Rs.2,50,00,000/- (Rupees Two Crores Fifty Thousand only). The District Collector has submitted the proposals to the Chief Commissioner of Land Administration (CCLA), Hyderabad on 01.02.2025 vide Reference No.E/2940/2016, to accord permission to grant NOC to the petitioner herein and it is under process. Once the orders are obtained from the CCLA, the respondents will consider the same.

4. The learned counsel for the petitioner placed on record the letter of Sub-Registrar, Wanaparthy dated 08.04.2025 in Lr.No.MV/2025 which states that as per the Market Value guidelines register as on 01.04.2001, the basic value for agricultural dry land in Sy.Nos.276, 411/39A/1 is Rs.1,00,000/- per acre and the basic value for agricultural dry land abutting NH/SH/ZPP/MPP in Sy.Nos.276, 411/39A/1 is Rs.4,00,000/- per acre, in reply to the contention of the respondents, the market value of the property was Rs.50,00,000/- per acre. It clearly shows that the market value of the suit schedule property taking into account of the higher side, Rs.4,00,000/- per acre total extent of the land of the petitioner is Ac.4-13 guntas. It comes below Rs.20,00,000/-. In view of the same, as per G.O.Ms.No.307, Revenue (Assignment-I) Dep