M/S BHEL (R&D) EMPLOYEES COOPERATIVE HOUSING SOCIETY LIMITED Vs. SPECIAL OFFICER AND COMPETENT AUTHORITY, URBAN LAND CEILING, HYDERABAD

JUDGEMENT

(1.) Challenge in this Writ Petition is to the proceedings of the Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad-1st respondent in C.C. No. G1/629/2007, issued under Sections 8, 9 and 10 of the Urban Land (Ceiling and Regulation) Act, 1976, (for short, 'the Act') including the panchanama, dated 11.02.2008 and also instructions under the Memo. NO. 1271/G1/10, dated 15.04.2010, addressed to the Sub-Registrar, Quthbullapur, Ranga Reddy District-2nd respondent. Background facts, in a nutshell, leading to filing of this Writ Petition by M/s. BHEL (R&D) Employees' Cooperative Housing Society Limited (hereinafter referred to as 'the petitioner-Society'), are: The petitioner-M/s. BHEL (R&D) Employees' Cooperative Housing Society Limited is a Society registered under the provisions of A.P. Cooperative Societies Act, 1964, in the year 1976. The object of the Society is to secure house plots to all eligible members, who are employees of BHEL (R & D). The petitioner Society entered into an agreement dated 30-01-1991 with Smt. Pranothi Srihari, represented by her father and General Power of Attorney Holder Sri R. Sudershan Reddy and eight others in respect of Ac.7.30 guntas in Survey No. 30/1, Ac.8.27 gts in Survey No. 31/1, Ac.6.32 gts in Sy. No. 31/2 of Jeedimetla village and Ac.2.24 gts in Survey No. 77 of Pet Basheerabad village for a total consideration of Rs. 37 lakhs. The total extent covered under the agreement is Ac.25.33 guntas. The vendor-Smt. Pranothi Srihari got the same under a Will dated 24.7.1976 from her late grandfather Pingali Indrasena Reddy, who purchased the lands under a sale deed dated 29.3.1966 from Deoni Mallaiah. The said Deoni Mallaiah purchased the lands under a sale deed dated 8.10.1963 from the original pattedar M. Shyamsunder. The petitioner Society after securing permission for draft lay out from Hyderabad Urban Development Authority (HUDA) developed the lands. The HUDA sanctioned final lay out under letter bearing No.7520/MP2/Plg/HUDA/94 dated 22.9.1997. In pursuance of the agreement of sale, Smt. Pranothi Srihari executed four sale deeds bearing document Nos. 8802, 8803, 9070 and 9071 of 1993 in respect of Ac.1.10 guntas each in Sy. No. 30/1 in favour of the petitioner Society. Since the vendors failed to execute the sale deeds in respect of other extents of lands, the petitioner Society filed O.S. No. 91 of 1998 on the file of Principal District Judge, Ranga Reddy District for specific performance and obtained a decree on 18-02-2002. The vendors filed A.S. No. 1104 of 2002 assailing the judgment and decree passed in O.S. No. 91 of 1998 and the said appeal ended in dismissal on 15.12.2005. The petitioner Society filed E.P. No. 5 of 2008 and obtained a sale deed dated 22-8-2008 through the process of Court in respect Ac.20.33 guntas. The remaining extent of Ac.2.30 guntas in Sy. No. 30/1 of Jeedimetla village came to be acquired by the petitioner Society under a sale deed dated 22.8.2008. The petitioner Society allotted plots to it's members as per the final lay out covering Ac.23.00 guntas including Ac.5.00 guntas in Sy. No. 30/1 of Jeedimetla village. The petitioner Society with the object of providing residential complex with ownership apartments to its members, who were not allotted any plot earlier, entered into construction agreement with M/s. Qubix Ventures Limited. The petitioner Society obtained necessary permission for construction of plots from GHMC, Hyderabad, vide Permit No. 161/80 of 2010 in File NO. 635/CSC/TP-15/2009, dated 11.1.2010. The petitioner Society allotted plots to its members who have obtained loans from banks and financial institutions. When the petitioner Society approached the Sub Registrar, Quthbullapur, to register sale deeds executed in favour of its members in the second week of October, 2010, the 2nd respondent refused to receive the documents for registration on the ground that the first respondent has sent Memo bearing NO. 1271/G1/10, dated 15.4.2010 instructing the 2nd respondent to follow the guidelines in its letter bearing NO. A4/928/2010, dated 17.3.2010. The petitioner Society applied for information and documents from the Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad-1st respondent under the Right to Information Act, 2005 and it came to know that the 1st respondent issued proceedings as if the land in Sy. No. 30/1 has been declared as surplus land in the holding of M. Shyamsunder. The 1st respondent initiated proceedings against M. Shyamsunder under the provisions of Act, while considering the application of Dr. P. Hanumatha Rao, the Founder and Chairman of M/s. Sweekar Rehabilitation Institute for Handicapped for grant of "No Objection Certificate" in respect of his plot Nos. 18 and 19 comprising Survey Nos. 206, 207 to 212 of Mahanagar Estate, Jeedimetla village. The information secured by the petitioner Society by invoking the provisions of Right to Information Act from the office of the Special Officer and Competent Authority, Urban Land (Ceiling)-1st respondent revealed that one Smt. M. Shanta Bai filed declaration in Proceedings NO. G2/7849, 7850 and 202 of 1976 in respect of survey Nos. 206, 207 and 212 and that she has been found surplus holder to an extent of 27,313.67 square metres, as per the order dated 13.10.1987. The 1st respondent converted NOC application filed by Dr. P. Hanmath Rao into a regular proceedings under Section 6 of the Act in respect of the lands held by M. Shyamsunder. At no point of time, notice was served on M. Shyamsunder. The petitioner Society challenged the proceeding of the 1st respondent in C.C. No. G1/629/2007 under Sections 8, 9 and 10 of Act including Panchanama, dated 11.02.2008, as illegal, arbitrary and mala fide. The principle ground of challenge to the proceedings impugned in the writ petition is that M. Shyam Sunder sold land bearing Sy. No. 30/1 long prior to commencement of the Act and that an extent of Ac.6-00 in Sy. No. 30/1 along with other land was acquired by the Government for the purpose of agricultural seed farm even before 1963 and the said Seed Farm has been established in the acquired lands. Even the pahanies of the year 1964-65 evidenced the possession of the Government Seed Farm in respect of Ac.6-00 guntas. The remaining land was in occupation of Deoni Mallaiah as purchaser. In the Pahani patrika of the year 1966-67 in respect of S. No. 30/1, Sri Pingali Indrasena Reddy was recorded as possessor of Ac.7.27 guntas and the remaining land was shown to be in possession of the Government Seed Farm. The same entries continued in 1975-76. The pahanies and the registered documents clearly disclosed that it was Smt. Pranothi Srihari, who was the owner and possessor to an extent of Ac.7.27 guntas in Sy. No. 30/1 as on the date of commencement of the Act and that therefore, M. Shyam Sunder was no longer owner much less the possessor of land in Sy. No. 30/1 by the date of commencement of the Act. Under Section 8(4) of the Act, issuance of notice to the owner, occupants and all other persons interested in the land is mandatory. Had there been spot verification or inspection, the authority should not have missed to note the existing Government Seed Farm in a part of the Survey No. 30/1 and houses and layouts in the remaining part of Survey No. 30/1. At no point of time, notice was served on the pattedar M. Shyam Sunder and no efforts were taken by the competent authority to know his whereabouts or members of his family. Unlike other provisions of the Act, Section 10(6) of the Act mandates issuance of notice to the person in actual possession. M. Shyam Sunder was not in possession of the land on the date of commencement of the Act and the lands were not open, as shown in the panchanama. There exist Government Seed Farm and structures, septic tank, electricity lines, roads, water lines etc. The second respondent is a Quasi judicial authority discharging the statutory functions under the Registration Act and he cannot refuse to receive the document, except in case of land notified under Section 22-A of the Registration Act by the Government.

(2.) Rule Nisi came to be issued on 14.03.2011.

(3.) The 1st respondent filed counter-affidavit. Sri M. Ravinder Reddy, Special Officer and Competent Authority, has sworn to the counter-affidavit. It is stated in the counter-affidavit that while considering the application filed by Dr. P. Hanumantharao, Founder and Chairman, Sweekar Rehabilitation Institute for Handicapped, Secunderabad, for grant of No Objection Certificate in respect of Plot Nos. 18 and 19 comprising Survey Nos. 206, 207 and 212 of Jeedimetla Village, Quthbullapur Mandal, it came to light that Sri M. Shyamsunder was the pattedar of the lands to an extent of Ac.58.09 guntas comprising Survey Nos. 5, 30/1, 30/2, 81, 7, 8, 206, 207, 212, 228, and 247 and that M. Shyamsunder failed to file declaration under Section 6(1) of the Act. Therefore, the case was taken up suo motu and lands were computed to the holding of M. Shyamsunder and he was given the benefit of G.O. Ms. No. 733, Revenue (UC), Department, dated 31.10.1988 and found to be holding surplus land to the extent of 2,10,297.35 sq. mtrs. and accordingly, orders came to be passed under Section 4(1) of the Act and final statement under Section 9 of the Act came to be issued vide proceeding No. G1/629/07, dated 16.06.2007. Further notification under Section 10(1) and declaration under Section 10(3) were issued and got published in Gazette Nos. 93, dated 02.07.2007 and 231, dated 28.07.2007 respectively. Orders under Section 10(5) of the Act were issued on 01.09.2007 directing the declarant to surrender the land within stipulated time. Order under Section 10(6) of the Act came to be issued on 05.02.2008 directing the Enquiry Officer to take over the possession of the land. Accordingly, possession was taken over on 11.02.2008 and handed over the same to the concerned MRO under the cover of panchanama on 21.05.2010. For better appreciation, I may refer relevant portion of the counter-affidavit and it reads as hereunder: