THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.5813 of 2008

ORDER

Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for respondent Nos.1 to 4, learned standing counsel appearing for respondent No.5.

2. This writ petition is filed aggrieved by the impugned proceedings bearing No.B/1771/2000 dated 26.02.2008 issued by 3rd respondent in resuming the land to an extent of Ac.9-00 guntas situated in Sy.No.26 of Kancha Gachibowli Village, Sherilingampally Mandal, Ranga Reddy District (hereinafter referred as ‘subject land’) from the petitioner as being illegal, arbitrary, contrary to the principles of natural justice, Articles 14 and 300-A of Constitution of India and without jurisdiction, with a consequential prayer to set-aside the said impugned proceedings.

BRIEF HISTORY:

3. Prior to 1971, all the activities related to the Construction and Management of the International and Domestic Air port, Air Traffic control and Air Space Management were controlled by the Director General Civil Aviation. The International Airport Authority of India (for short ‘IAAI’) was constituted as an autonomous body under the International Airport Authority Act, 1971. Further, the National Airports Authority (NAA) was constituted under the provisions of National Airports Authority Act, 1985. In the year 1994 to provide a closer integration of the management of the Airports and Aircraft services in the country, the Airport Authority of India Bill, 1993 was passed by both the Houses of Parliament which received the assent of The President on 12th September, 1994. The Airports Authority of India Act, 1994 (hereinafter referred as (“AAI”) has come into force by repealing the International Airports Authority of India Act, 1971 and the National Airports Authority Act, 1985 and constituted a single unified Airports Authority of India to control and manage both the National and International Airports in the country and the undertakings of both the International Airports Authority of India and National Airports Authority vested in the said Airports Authority of India.

4. Facts giving rise to the filing of this writ petition are that the Government of Andhra Pradesh alienated the subject land in favour of the Ministry of Civil Aviation, Government of India in the year 1966- 67, since then the said land was in possession of the Ministry of Civil Aviation from the year 1966-67. The said land was acquired by the Central Government for the purpose of operating a Radio Navigational Aid (V.O.R). Accordingly, VOR facility was installed and was commissioned in 1971 and that an area measuring 305 meters around VOR facility has to be kept free of obstructions.

5. The petitioner addressed a letter dated 11.10.1988 to the Mandal Revenue Officer, Sherilingampally and letters dated 20.07.1989, 25.08.1989 and 29.12.1989 to respondent Nos.2 and 3 with a request to send original sale deed in which the subject property was allotted to the Airport Authority of India as the said document was misplaced with the petitioner but, there was no response from them. Again a letter dated 08.03.1990 was addressed to the M.R.O.Sherilingampally wherein it was brought to his notice that the land to an extent of Ac.8.9 is the most ideal place to locate a radio navigational aid for assisting air craft for reroute flying and also for making a safe landing from the west and that the land alienated in the year 1966-67 was fully utilized for the purpose for which it was acquired and a reply was also given to the letter dated 24.02.1990 issued by the Joint Collector, Ranga Reddy District.

6. The Secretary to Government, Revenue Department vide letter No.035217/Assgn.III (3)/91, dated 26.04.1991 issued memo to the petitioner to show cause within a fortnight from the date of receipt of the memo as to why the unutilized extent of Ac.9.00 in Sy.No.26, Gachibowli Village shall not be resumed for failure to utilize the land. The petitioner vide letter date