IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Suddala Chalapathi Rao, J
G.E.Godavari Engineering Limited – Appellant
Versus
Principal Secretary to Govt. of Telangana – Respondent
WP.No.15257 of 2013
| Table of Content |
|---|
| 1. overview of land allotment dispute for displaced industries. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding the legality of unilateral document cancellation. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. court assessment of facts and jurisdictional limitations. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. unilateral cancellation of registered deeds is legally impermissible. (Para 23 , 24 , 25 , 26 , 27) |
O R D E R
1. The instant writ petition has been filed challenging the action of the 2nd respondent in issuing the proceedings No.B5/5857/2006, dt.10.05.2013, cancelling the registered land allotment deed executed in favour of the petitioner-industry vide document No.2707/2010, dt.29.06.2010, to an extent of Acres 05.02½ gts in Survey No.114 situated at Sringar Village, Maheshwaram Mandal, Ranga Reddy District as arbitrary, illegal, unjust and unconstitutional besides violative of Articles 14, 21 and 300A of the Constitution of India.
2. The brief facts of the case are that the petitioner namely M/s G.E.Godavari Engineering (P) Ltd., established in 1991 at Muttangi Village within the Patancheruvu Industrial Area, Sangareddy, is engaged in manufacturing pressure vessels and heat exchangers for power plants, fertilizer, petrochemical, oil, and natural gas projects, and during the formation of the Outer Ring Road (ORR) junction under Phase-II by the Urban Development Authority, the entire industrial unit along with its land was acquired by respondent Nos. 2 to 4. Approximately 200 employees, who were working in the industry were dependent on it for eking out livelihood. In these circumstances, the petitioner approached the Project Director, ORR and Special Collector (L.A.)-HUDA/3rd respondent, on 05.01.2009 and 07.05.2009 seeking allotment of an equivalent extent of land of Acres 6-32 guntas, in a nearby industrial area, in view of acquiring the land along with the existing industry, as a special case, instead of monetary compensation as the industry was very much operational and more so, the petitioner had also availed a loan of around Rs.20 Crores from ICICI Bank Limited.
3. The petitioner further submits that the 1st respondent, vide letter No.15209/INF/A1/2009, dt.02.06.2009, directed the 2nd respondent to request APIIC Limited to consider preferential allotment of land to ORR-affected industries in its industrial parks under special categories, irrespective of prevailing rates. On 30.08.2009, the 2nd respondent informed that the said proposal has been discussed with the Government and it was agreed to allot equivalent land at IP Mankal (Expansion). However, as recorded in the minutes of the Project Empowerment Committee meeting held on 03.04.2010, the land at IP Mankal (Expansion) was not feasible as it was subjected to litigation. Accordingly, the committee agreed to allot alternative land measuring Acres 6.32 guntas in Survey No.114(P), Sringar Village, Maheshwaram Mandal, Ranga Reddy District, in favour of the petitioner-industry. Further, after obtaining legal opinion, the 2nd respondent issued proceedings No.B5/5857/06, dt.NIL.04.2010 allotting alternate land admeasuring Acres 6.37 guntas in Survey No.114(P) of Sringar Village to the petitioner and requested the Special Officer (R&R) to hand over physical possession of Acres 5.02½ guntas.
4. It was further contended that pursuant to the said proceedings, while handing over possession of Acres 5.02½ guntas, the authorities have registered the allotment deed i.e., conveyance deed vide document No.2707/2010, dt.29.06.2010 to the extent of Acres 5.02½ guntas in Survey No.114 of Sringar Village, and respondents also delivered peaceful possession of the said land in pursuance of the said conveyance deed to the petitioner and the petitioner also mortgaged the said land to State Bank of India, Saifabad Branch, as collateral security and obtained loan, by mortgaging the same.
5. The petitioner further contended that despite repeated requests for allotment of
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