- (1.) These appeals are directed against a common judgment and final order dated 17.01.2007 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Writ Petition Nos. 4121, 4141, 4144 and 5776 of 2006 whereby the High Court dismissed all the writ petitions preferred by the appellants herein challenging the validity of G.O.Ms.No. 161, Revenue (UC-II) Department, dated 13.02.2006 and connected proceedings passed by the State of Andhra Pradesh.
(2.) Brief facts:- (a) One Mohd. Ruknuddin Ahmed and 10 others were the original owners of land admeasuring 526.07 acres in Survey No. 83 situated at Village Raidurg (Panmaktha) of Ranga Reddy District in the State of Andhra Pradesh. Out of the said land, an extent of 252.33 acres is assessed to revenue as cultivable agricultural land and the remaining extent of 273.14 acres is treated as pote-kharab(un- cultivable) land. On 07.07.1974, the owners executed registered General Power of Attorney (hereinafter referred to as "GPA") in favour of a partnership firm known as "Sri Venkateswara Enterprises" represented by its Managing Partners A. Ramaswamy and A. Satyanarayana. On 01.01.1975, the A.P. Land Reforms Act, 1975 came into force. Since the land in Survey No.83 was an agricultural land, the said owners filed eleven declarations under the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as "the Land Reforms Act") and the Authority under the Land Reforms Act declared about 99 acres as surplus in the hands of 4 declarants and possession was also taken on 11.04.1975. The Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the ULC Act') came into force on 17.02.1976. The owners, through their GPA, filed declarations under Section 6(1) of the ULC Act under a mistaken impression that the ULC Act was applicable to their land, though the same was inapplicable for the reason that the land in question was agricultural land and the same was not included in the Master Plan as on the date of commencement of the ULC Act. On 01.07.1977, draft statements under Section 8(1) of the ULC Act together with notice under Section 8(3) were served inviting objections to the draft statement prepared under Section 8(1) of the ULC Act but no orders were passed on any of the declarations. On 06.12.1979 & 25.01.1980, final statements under Section 9 were issued declaring the surplus area by each of the declarant. On 16.09.1980 & 30.01.1980, the Competent Authority issued notification under Section 10(1) of the ULC Act. (b) By G.O.Ms. No. 391 MA, dated 23.06.1980, the Master Plan as on 17.02.1976 was amended and the land in Survey No. 83 was included in the Second Master Plan which came into force w.e.f. 29.09.1980 vide Government Memo No. 1439-UC.I/80-2, dated 10.12.1980 as a result of which re-computation of the land in the said Survey No. 83 had to be carried out in accordance with the ULC Act. (c) By G.O.Ms.No. 5013 dated 19.12.1980, the State Government, under Section 23 of the ULC Act, allotted 468 acres out of the said land to Hyderabad Urban Development Authority (hereinafter referred to 'HUDA'). The Competent Authority vide notification dated 24.01.1981, under Section 10(3) of the ULC Act, vested the land in Survey No. 83 to the State Government. On 26.12.1981, the Competent Authority issued a notice under Section 10(5) for surrendering possession, however, the possession was not surrendered. (d) By G.O. Ms.No. 733 dated 31.10.1988 read with G.O.Ms.No. 289 dated 01.06.1989 and G.O. Ms. No. 217 dated 18.04.2000, the State Government in exercise of its power under Section 20(1) of the ULC Act granted exemption upto an extent of 5 acres after excluding 40% of the area to be set apart for laying of roads as per lay out rules. Thus, by virtue of this exemption, each holder of excess land is now entitled to hold 5 acres instead of 1000 sq meters. A number of persons including the appellants herein purchased small extents of land in Survey No. 83 by registered sale deeds between January and March 1991. It is their case that these purchasers including the appellants herein have been in possession ever since their purchase. (e) On 05.08.1992, Inspector General of Registration issued a memo directing the District Registrar to cancel the sale deeds. The District Registrar, on 03.09.1993, ordered cancellation of the sale deeds. Being aggrieved by the abovesaid order, W.P. No. 18385 of 1993 and W.P. No. 238 of 1994 were filed where owners were impleaded as parties. By order dated 27.07.1994, learned Single Judge set aside the orders of the District Registrar nullifying the sale deeds regarding the land in question. By order dated 06.10.1994, another learned Single Judge following the above order allowed their petition whereas W.A. No. 1220 of 1994 arising out of W.P. No. 238 of 1994 filed by the State was dismissed by a Division Bench on 28.10.1994. On 04.12.1996, W.A. No. 918 of 1994 filed by the State against the order of the learned single Judge dated 27.07.1994 was dismissed by the Division Bench. On 28.08.1997, the State filed SLP(C) No. 14868 of 1997 before this Court against the judgment dated 04.12.1996 in which this Court issued notice and ordered status quo regarding possession be maintained. On 06.11.2001, a three Judge Bench of this Court disposed of all the appeals, i.e. State of Andhra Pradesh and Others vs. N. Audikesava Reddy and Others, 2002 1 SCC 227. In view of the law declared by this Court, the Competent Authority is now statutorily bound to compute the land afresh, in accordance with the provisions of the Act and in the light of the law declared in Audikesava Reddy's case (supra). (f) The State Government, in exercise of its powers under Section 23 of the ULC Act, issued G.O.Ms.Nos. 455 and 456 dated 29.07.2002 and decided to allot the excess land to third parties who were in occupation of such excess land on payment of prescribed regularization charges and as per the conditions set out in the said G.Os. On 28.11.2003, by way of a representation, the owners requested the Competent Authority to compute the holdings afresh in terms of the law declared by this Court in Audikesava Reddy's case (supra). The owners also stated in their representations that they themselves would like to retain the excess land in their occupation by paying the requisite compensation in terms of the aforesaid G.Os. (g) On 02.07.2004, the owners submitted another representation to the Secretary (Revenue), Government of Andhra Pradesh to re-compute the land afresh in the light of the decision of this Court and also to compute the compensation amounts to be paid for regularization in terms of G.O.Ms.Nos. 455 and 456. On 16.09.2005, the owners once again filed their representations under Section 6(1) of the ULC Act, as there was no response to the earlier representations. (h) Without taking any action on the aforesaid three representations, the State Government, in exercise of its powers under Section 23 of the ULC Act issued G.O.Ms.No. 161 dated 13.02.2006 purporting to allot Ac.424.13 gts out of Ac.526.27 gts in Survey No. 83 to the Andhra Pradesh Industrial Infrastructure Corporation Limited (in short 'APIIC'), Hyderabad, the 4th Respondent herein. On 15.02.2006, the State Government issued G.O.Ms.No. 183, extending the time up to 31st March 2006 for submitting the applications accompanied by the amount of compensation under the aforesaid G.O. Nos. 455 and 456. (i) Before the High Court, four writ petitions were filed by the purchasers, owners as well as Chanakyapuri Cooperative Housing Society Limited, Secunderabad. (j) Writ Petition No. 4121 of 2006 has been filed by Smt. K. Anjana Devi and 45 others who claim to be the purchasers of a small extent of land forming part of Survey No. 83 of Village Raidurg, Ranga Reddy District. They claim to have purchased the said lands from the GPA Holder of the original land owners. Writ Petition No. 4144 of 2006 has been filed by Om Prakash Verma and 43 others who also claim to be purchasers of small extent of land forming part of Survey No. 83 Village Raidurg, Ranga Reddy District from the said GPA. Writ Petition No. 4141 of 2006 has been filed by Ahmed Abdul Aziz and 14 others who claim to be the owners of the land of an extent of acres 526.07 guntas in Survey No. 83. Writ Petition No. 5776 of 2006 has been filed by Chanakyapuri Cooperative Housing Society Limited, Secunderabad, which claims to be the holder of Agreement to Sell dated 09.08.1974 allegedly executed by the GPA holder of the owners of the land in Survey No. 83 Village Raidurg, Ranga Reddy District. Before the High Court, all the petitioners have questioned the validity of G.O.Ms.No.161 Revenue (UC II) Department, dated 13.02.2006 and other proceedings and prayed for quashing of the same with a direction to the official respondents to consider their claim for grant of exemption under various Government Orders, namely, G.O.Ms. No. 733 Revenue (UC II) Department dated 31.10.1988 as clarified in G.O.Ms. No. 217 Revenue (UC II) Department dated 18.04.2000, G.O.Ms. No. 455 Revenue (UC I) Department dated 29.07.2002 and G.O.Ms. No. 456 Revenue (UC I) Department, dated 29.07.2002. The High Court, by a common judgment and final order dated 17.01.2007, dismissed all the writ petitions filed by the appellants herein. Against the common order, the appellants have preferred these appeals by way of special leave petitions before this Court.
(3.) Heard Mr. K. Rajendra Chowdhary, learned senior counsel for the appellants in all the appeals, Mr. L. Nageshwar Rao, learned senior counsel for the State of Andhra Pradesh, Mr. G.E. Vahanvati, learned Attorney General for India, Mr. Rakesh Dwivedi, and Mr. Ranjit Kumar, learned senior counsel for Andhra Pradesh Industrial Infrastructure Corporation (APIIC) R-4 and Mr. A.K. Ganguly, Mr. P.S. Patwalia and Mr. Basavaprabhu S. Patil, learned senior counsel for the applicants. Issues:;