NARENDER Vs. SECRETARY MUNICIPAL ADMINISTRATION

JUDGEMENT

(1.) The petitioner alleging to be the owner of land admeasuring 787 Sq.yds. in Ward No.13, Jiyaguda, Hyderabad, filed the writ petition praying this Court for a writ of mandamus declaring the action of the respondents namely, Govt. of Andhra Pradesh in Municipal Administration Department, Commissioner & Special Officer, Municipal Corporation of Hyderabad (MCH) and Superintending Executive Engineer (G), MCH, in taking possession of his land without following any procedure under the Land Acquisition Act, 1894 ('the Act') as illegal and arbitrary. He also seeks a consequential direction to the respondents to restore the land or pay compensation to him.

(2.) The case of the petitioner in brief is as under. According to him, the land in question was sold by one Mohd.Layak Ali Khan to Laxmanji who is his grandfather in 1959 by a registered sale deed dated 8-8-1959. Laxmanji bequeathed the property on 26-12-1974 in favour of the petitioner. By that date, the petitioner was a minor. The petitioner's mother representing him as guardian filed O.S.No.3915 of 1981 on the file of the Court of the III Assistant Judge, City Civil Court, Hyderabad against Laxmanji for permanent injunction. The suit was decreed. The petitioner then applied to MCH for permission to construct a compound wall. As no permission was issued, the petitioner filed the suit being O.S.No.250 of 1986 on the file of the II Assistant Judge, City Civil Court, Hyderabad for a direction to MCH to grant permission for construction of compound wall. The matter was referred Lok Adalat which directed to consider the application for grant permission for construction of compound wall. On 25-11-1985 MCH called for tenders for construction of community hall in the land admeasuring about 300 Sq.yds. forming part of the land allegedly belonging to the petitioner. Construction of community hall was completed in 1989. On 8-4-1996 the petitioner issued a legal notice calling upon MCH to pay a sum of Rs.12 lakhs to him for the land acquired by it or to deliver 787 Sq.yds. Having failed to get any response, the petitioner filed the present writ petition on 19-8-1996.

(3.) Respondents 2 and 3 filed counter affidavit denying the allegation of the petitioner that the land belongs to him and that MCH has acquired the land without initiating land acquisition proceedings. It is also stated that the land in question was recorded in the survey records as government Abadi and, therefore, the petitioner has no absolute right over the property. Community hall was constructed in 1985 in the government land as the remaining land is being used as play ground by the colony people. The petitioner filed the writ petition after a decade after construction of community hall. Along with the counter affidavit, a certified copy of the TSLR in respect of the land in question is produced to show that the land in question is government Abadi land. The TSLR extract shows the name of Laxmanarji S/o.Balaji which indicates that he was in possession of the said property. A reply affidavit is filed denying the counter allegations. Learned counsel for the petitioner, Sri G.Dasaradharami Reddy submits that MCH has occupied the private land of the petitioner and, therefore, they are liable to pay compensation under the Act for using his land. The occupation of the petitioner's land by the MCH violates Article 300-A of the Constitution of India. He placed strong reliance on the sale deed executed in favour of petitioner's grandfather by Mohd.Layak Ali Khan and the decree passed by the Court of the III Assistant Judge, City Civil Court in O.S.No.3915 of 1981 in support of the contention that the land belongs to the petitioner. These allegations are refuted by the learned Standing Counsel for MCH, Sri Ghanta Rama Rao.