BAGH AMBERPET WELFARE SOCIETY Vs. TULSI COOPERATIVE HOUSING SOCIETY
LAWS(SC)-1990-8-65
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on August 17,1990

Bagh Amberpet Welfare Society Appellant
VERSUS
Tulsi Cooperative Housing Society Respondents

JUDGEMENT

- (1.)The appeals are by special leave. The transferred writ petition by respondent 1 in the Civil is a writ petition before the Andhra Pradesh High court being No. 6500 of 1983 in a connected proceeding. The special leave petition is by the owner of some lands which form the subject matter of acquisition.
(2.)On 5/06/1975, 20. 10 acres of land located at Bagh Amberpet in Hyderabad said to belong to Syed Azam and members of his family were notified to be acquired under S. 4 (1 of the Land Acquisition Act for a housing project undertaken by the Hyderabad Municipal Corporation in collaboration with HUDCO. Enquiry under S. 5-A of the Act was dispensed with by a separate notification issued along with the preliminary notification. On 25/04/1978, notification under S. 6 of the Land Acquisition Act was made. Tulsi Cooperative Housing Society on the plea that it had entered into a contract of purchasing the very property from the owners had applied for exemption under the Urban Land Ceiling Act. On 17/10/1978, prayer for exemption was refused. On 11/09/1980 exemption was, however, granted. Thereupon two writ petitions were filed before the High court one by Tuisi Cooperative Housing Society and the other by the owners of theproperty for quashing of the acquisition proceedings. The learned Single judge upheld the acquisition but the writ appeal of Tulsi Cooperative housing Society were allowed by a full bench of the High court as a result of which the acquisition proceedings were held to be inoperative.
(3.)Bagh Amberpet Welfare Society had entered into arrangement with the Hyderabad Municipal Corporation for being assigned land for construction and was, therefore, interested in the acquisition. The civil appeals are by that Society challenging the decision of the full bench of the High court in the two writ appeals filed by Tuisi Cooperative Housing Society.
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