PERAVALI PREMAKUMARI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

(2.) The case of the petitioners is that they are the absolute owners and possessors of house site in Sy.No.112/1B in an extent of 360 Sq.yds and 240 Sq.yds respectively. The petitioners entered into agreement of sale in December, 2014 much before enactment of Capital Region Development Authority Act and the said agreements were registered in January, 2015 as the petitioners had to pool the money from various sources, including loans from the known persons and relatives. The said plots are part of Pitchukulapalem, a small habitation of Dondapadu village.

(3.) The State Government declared its intention to construct a world class State capital for the State of Andhra Pradesh in the year 2014. Around 29 villages in Thullur and Mangalagiri mandals covering an area of around 50,000 acres are notified as capital city area vide G.O.Ms.254 dtd. 31/12/2014. House sites of petitioners are also made part of Capital city area. The Capital Region Development Authority constituted vide CRDA Act, 2014 announced Land Pooling scheme to pool the land from the willing land owners in the said 50,000 acres area. The authorities declared that existing village settlements and adjoining non-agriculture land which form part of extended settlements will be exempted from pooling and stated to be preserved and developed within the proposed new capital city. As the land of the petitioner in Sy.No.112/1B to an extent of 360 sq.yds, and 240 cents forms part of village settlement and are registered in sq.yds long back. The petitioners thought that their land is exempted from Land pooling and never gave consent for the land pooling. No consent form under 9.3 was given. Thus, the very inclusion of land of the petitioners in the land pooling is illegal and arbitrary.