R KONDAIAH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The writ petition is filed challenging the communication dated 31.8.2001 of the second respondent, namely, the Chief Commissioner of Land Administration (CCLA), rejecting the request of petitioner to waive Additional Compounding Fee (ACF) levied in the proceedings of CCLA dated 08.3.1999. Petitioner contends that levy of ACF is discriminatory and violative of petitioner's right under Article 14 of Constitution of India.

(2.) The allegations in the affidavit accompanying the writ petition are as follows. The plot No. 3119 admeasuring 405 Sq.yards situated at Rashtra Pathi Road (then called King's way) was allotted to petitioner's uncle, Buchi Veeraiah on 15.12.1936 on monthly rent of Rs. 5/- for a period of 30 years with option to extend for a further period of sixty years. The lessee obtained permission and constructed double storeyed building in 1936. Subsequently the plot was divided into three being plot Nos. 3119/1, 3119/2 and 3119/3. Petitioner's father, Kumara Swamy, and the lessee Buchi Veeraiah divided the property in or about 1952. Petitioner and his two brothers again divided the property and were in possession of their respective shares. There was a civil dispute which ended in Supreme Court in S. Mohan Lal v. R. Kondaiah, 1979 AIR(SC) 1132. After evicting the tenant, petitioner obtained permission in 1985 and replaced Jack arch roof with RCC roof.

(3.) The further allegations in the writ affidavit are that the Government promulgated Andhra Pradesh (Secunderabad Area) Land Administration Rules, 1976 (LA Rules), in exercise of their powers under Section 172 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli. In view of the enabling provision, the Government issued G.O.Ms. No. 816, dated 09.8.1994, for converting leasehold to freehold land on payment of conversion charges at various rates for different areas. The petitioner made an application for such conversion. The CCLA by order dated 08.3.1999 accorded permission for mutation and conversion of leasehold rights of plot No. 3119/1 admeasuring 135 Sq.yards covered by L.D. No. 2300, dated 26.5.1958 into freehold subject to payment of Rs. 7,45,200/- which includes the amount of conversion charges at Rs. 4,800/- per Sq.yard and additional compounding fee (typed as corresponding fee in the typed document filed in the material papers) of Rs. 97,200/-. A consequential order was passed on 24.3.1999 by the third respondent requesting the petitioner to pay said amount by way of challan in named Bank. The petitioner then raised objection inter alia on the ground that the building is thirty years old, that it was constructed after obtaining necessary permission from local authority and that levy of compounding fee is not permissible under LA Rules. In response thereto, the Estates Officer advised the petitioner on 24.4.1999 to submit sanction plan issued by Municipal Corporation of Hyderabad (MCH, now Greater Hyderabad Municipal Corporation). Allegedly the same was produced. Without considering the same, by letter dated 27.3.2001, petitioner was again asked to obtain a certificate from MCH that permission granted earlier is valid. The petitioner then approached MCH. In the meanwhile by communication dated 31.8.2001, request of the petitioner to waive compounding charges was rejected, aggrieved by which the present writ petition is filed.