Srinivasan, J. - (1.) There are three sets of appeals. Civil Appeals Nos. 6986-87 are filed by Tulsi Co-operative Housing Society, Hyderabad (hereinafter referred to as the 'Society'). Civil Appeals Nos. 6988-6991 of 1994 are by the State of Andhra Pradesh (hereinafter referred to as the 'Government'). Civil Appeals Nos. 6992-6993 of 1994 are by Syed Azam (hereinafter referred to as the 'landowner').
(2.) The Society entered into an agreement in April, 1975 with the land owner for purchase of an extent of 24 acres of land and paid in advance a sum of Rs. 20,000/-. In June, 1975, the Govt. issued a Notification under Section 4(1) of the Land Acquisition Act (hereinafter referred to as 'Acquisition Act') for acquiring an extent of 18.03 acres out of the subject-matter of these proceedings for purposes of Housing Project under HUDCO Scheme. The Notification included an extent of 2 acres belonging to another person with which we are not concerned. The Government also invoked urgency clause under Section 17(4) of the Acquisition Act and dispensed with enquiry under Section 5A of the said Act. The acquisition proceedings were at the instance of Municipal corporation of Hyderabad. The Urban Land (Ceiling and Regulations) Act, 1976 (hereinafter referred to as the 'Ceiling Act') came into force on 17-2-1976. The land owner and the Society filed an application in May, 1976 for grant of exemption from the provisions of the Ceiling Act under Section 20(1)(b) of the said Act. It was followed by a similar application in June, 1977. In April, 1978 the Government issued a notification under Section 6 of the Acquisition Act. In October, 1978 the applications for exemption filed under the Ceiling Act were rejected. Towards the end of August, 1979 further proceedings under Section 9 of the Acquisition Act were taken by the Government. Meanwhile, a fresh application for exemption under the Ceiling Act was filed in December, 1978. That was partly granted by the Government to the extent of 14000 sq. mtrs. of land. Another application was filed in May, 1980 for grant of exemption of all the lands from the provisions of the Ceiling Act. That was granted in September 1980 in GOMs No. 4093.
(3.) The Notifications under the Acquisition Act were challenged in two writ petitions one by the Society and the other by the land owner. By interim orders passed by the High Court, further proceedings were stated. However, on 28-1-1982 both the writ petitions were dismissed. Two appeals were filed. The miscellaneous petition for stay of further proceedings in acquisition pending the appeals was dismissed by Division Bench on 4-2-82. The Government took possession of the lands on 12-2-1982.;