TULSI CO OP HOUSING SOCIETY Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-1992-11-41
HIGH COURT OF ANDHRA PRADESH
Decided on November 21,1992

TULSI CO-OPERATIVE HOUSING SOCIETY REP Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents




JUDGEMENT

M.N.Rao, J. - (1.)One Mohammed Azam (petitioner in S.LP.No. 1679/89) and his family members are the owners of an extent of Ac.24-00 of land situate in Bagh Amberpet revenue village within the limits of Hyderabad Municipal Corporation. Out of this, an extent of Ac.18-03 guntas was notified by the State Government for acquisition under Sec.4(l) of the Land Acquisition Act (hereinafter called as the L.A. Act): G.O.Rt.No.68 dated 4-6-1975 was issued under the HUDCO scheme for construction of houses for persons belonging to economically weaker sections, low income group and middle income group. The urgency clause under Sec.l7(4) was invoked and the procedure contemplated under Sec.5-A was dispensed with. Thereafter the declaration under Section 6 was issued by a further notification dated 25-4-1978. On 6-4-75 M/s. Tulsi Co-operative Housing Society entered into an agreement with Mohd. Azam and others for purchase of the land in order to divide it into plots and allot to its members. On 17-2-76 the Urban Land (Ceiling and Regulation) Act, 1976 (hereafter called as the U.L.C. Act) came into force in the State of Andhra Pradesh. On 21-12-78 Mohd. Azam submitted anapplication under Sec.20(1)(b) of the U.L.C. Act requesting the Government to grant exemption in respect of the notified land from the operation of the U.L.C. Act. Similar applications were also filed by M/s. Tulsi Co-operative Housing Society on 31-5-76 and 6-1-77. The request so far as the notified land is concerned was rejected by the State Government and permission was accorded only to a smaller extent of 14,000 square yards by G.O.Ms.No. 1758 dated 17-10-78 which has no relevance in these cases. Certain guidelines were issued by the Government in G.O.Ms.No.4270 dated 10-9-80 for granting exemption under the U.L.C. Act. In accordance with those guidelines G.O.Ms.No.4293 dated 11-9-80 was issued by the Government granting exemption in respect of the notified land for which exemption was rejected earlier as the land acquisition proceedings were pending. A registered sale deed was executed by Mohd. Azam and his family members in respect of an extent of 5 acres of land (a part of the notified land) in favour of M/s. Tulsi Co-operative Housing Society on 31-3-81. W.P.No.5368/81 was filed by Mohd. Azam challenging the acquisition proceedings. M/s. Tulsi Housing Society also filed another W.P.No.4455/81 seeking the same relief. One of the contentions raised in both the writ petitions was that invocation of the urgency clause under Sec.l7(4) of the L.A. Act was illegal in view of the fact that Sec.6 declaration was issued after a lapse of three years on 25-4-78. A learned single judge dismissed both the writ petitions on 28-1-1982. Two writ appeals - W.A. Nos.170 and 171 of 82 -were filed against the writ petitions and the same were heard by a Full Bench of this Court which by a judgment dated 2-3-83 allowed them taking the view that "the dispensing with the enquiry under Sec.5-A is clearly wrong and cannot be supported."
(2.)One Bagh Amberpet Welfare Society, abody registered under the Societies Registration Act got itself impleaded as respondents 3 and 4 in the writ petitions and writ appeals. It appears, the society was formed in order to enable persons belonging to economically weaker sections, lower and middle income groups to obtain house-sites. The society claims that its members are beneficiaries of the land acquisition proceedings as the land acquisition proceedings were initiated for allotment of plots to its members. A sum of Rs.25,14,502/- was deposited by its members with the Municipal Corporation of Hyderabad pursuant to a notification issued by the Special Officer of the Corporation in June, 1981 requesting the Bagh Amberpet Welfare Society to deposit the provisional land value. During the pendency of the writ appeals, applications filed for stay of further proceedings were dismissed and the State Government invoked the powers under Sec.47 of the L.A. Act for taking possession. The Executive Magistrate by an order dated 12-2-82 authorised the Tahsildar to take possession removing the obstructions if any and accordingly under a Panchanama dated 21-2-82 the Tahsildar took possession of the land. The Bagh Amberpet Welfare Society preferred Civil Appeal Nos.5784 and 5785 of 1983 before the Supreme Court against the judgment of the Full Bench in W.A.Nos.170 and 171/82 dated 2-3-83. The State Government did not prefer any appeals.
(3.)During the pendency of the civil appeals in Supreme Court, the State Government issued G.O.Ms.No.946 dated 23-6-83 cancelling the order of exemption granted in G.O.Ms.No.4293 dated 11-9-80. Challenging the cancellation of the exemption order Mohd. Azam filed W.P.5498 of 1983 and M/s. Tulsi Co-operative Housing Society filed W.P.No.6500/83. W.P. No.5498/83 was dismissed by a learned single judge Rama Swamy, J. (as he then was) on 30-6-88 on the ground that the civil appeals were pending in the Supreme Court in respect of the same land. S.L,P.No. 1679789 was filed by Mohd, Azam before the Supreme Court against the order dated 30-6-88 of the learned single judge. So far as W.P.6500/83 filed by Tulsi Co-operative Housing Society is concerned, it was directed to be transferred to the Supreme Court by an order dated 9-1-1989 and the transferred case was numbered as T.C.No.29/89.
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