PUBLIC VIGILANCE Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) As the reliefs sought in these two writ petitions are identical we are inclined to dispose of the same by this common judgment. The petitioners in Writ Petition 338/91 is an organisation styled as 'Public Vigilance' represented by one Y.Bharadwaj, its Joint Secretary. The Organisation claims to be interested in protecting rights and privileges of citizens. The petitioner in Writ Petition 1638/91 is Sri K. Ananta Rao, an advocate practising in this High Court.

(2.) An extent of 42 acres and 25 guntas of site at Malakpet, Hyderabad city, commonly known as "Mahboob Mansion" was acquired by the State Government for the Andhra Pradesh Housing Board for the purpose of construction of housing-cum-market complex, and the site was handed-over to the Housing Board on 21st January 1980. Proceedings were initiated for acquisition in May, 1972 for implementation of the housing scheme. The Housing Board negotiated with the owners of the Mahboob Mansion who were members of the royal family of the erstwhile Nizam of Hyderabad, settled the price at Rs.21/- per square yard and requested the Government to acquire the land. Permission was accorded to the Housing Board by the Government by G.O.Ms.No.95 dated 27th July, 1974. Draft declaration under Section 6 of the Land Acquisition Act was published in the Andhra Pradesh Gazette dated 16th June 1975 mentioning that the land was needed for the specified purpose - "for construction of A.P. Housing Board quarters". Award was passed by the Land Acquisition Officer on 16th January 1980. In accordance with the agreed price of Rs.21/- per square yard and on deposit of Rs.42,80,000/- by the Housing Board possession was handedover to the Housing Board.

(3.) The Andhra Pradesh Agricultural Market Committee, Hyderabad had requested the State Government to initiate proceedings to acquire land at Mahboob Mansion for establishment of an agricultural market in the year 1973. The State Government notified, in the meanwhile, the development plan of Hyderabad by G.O.Ms.No.470 dated 6th November 1973 in the official Gazette under the provisions of the Municipal Corporation of Hyderabad Rules, 1967. In accordance with the procedure contemplated under the said rules, objections were called for and after considering the objections, the development plan was sanctioned under the provisions of Section 464 of the Hyderabad Municipal Corporation Act read with Rule 13 of the Municipal Corporation of Hyderabad (Development Plan) Rules, 1967. Under the said development plan, Mahboob Mansion was earmarked for development as one of the seven district commercial centres.