LAWS(APH)-2012-4-75

PUVVADA SUSEELAMMA Vs. ONGOLE MUNICIPALITY

Decided On April 24, 2012
PUVVADA SUSEELAMMA Appellant
V/S
ONGOLE MUNICIPALITY Respondents

JUDGEMENT

(1.) This Writ Petition is directed against Judgment and Decree passed in LGA No.34 of 1999 on the file of Special Court under A.P. Land Grabbing (Prohibition) Act, 1982, (for short 'the Act') Hyderabad, confirming common Judgment and Decree passed in O.P.No.412 of 1992 and O.S.No.183 of 1992 on the file of Special Tribunal (District Court), Ongole under the Act, dated 30.11.1998. The petitioners herein are also the petitioners in the OP and defendants 1 to 6 in the suit and appellants in the LGA. For the sake of convenience, we refer them as arrayed in the OP/Writ Petition.

(2.) The petitioners filed the OP under Section 7A(1) of the Act for awarding compensation against the 1st respondent of not less than the amount equivalent to the market value of the petition schedule property i.e., vacant house site in T.S.Nos.18 and 20/1, Ward No.3, Block No.1, Municipal Ward No.12-A with assessment No.412-B and plot Nos.10 and 11 at Islampet, Ongole and also to direct the 1st respondent to pay profits accrued therefrom including profits to be awarded on the ground of wrongful possession of the schedule property and in addition to that order re-delivery of the property with a direction to the 1st respondent to pay the corresponding costs.

(3.) Muslim Minority Development Service Society, represented by Pattan Masthan Khan filed the suit for permanent injunction against the petitioners 1 to 6 to prevent the petitioners from causing any obstruction to the first respondent in constructing a municipal elementary school in the schedule property.