HYDERABAD TULAMAN LTD Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Petitioner is an Industry, established in the year 1968, for the manufacture of mechanical and electronic weighing machines. The Director of Industries allotted an extent of Ac.3; 30 gts of land in Sy.No.30 Balanagar Township. Thereafter, the A.P. Industrial and infrastructure Corporation (APIIC), came into existence to manage and handle all the industrial estates. On the basis of the previous allotment made by the Government in the year 1968, the APIIC executed a sale deed dated 07/8/1976. In the meanwhile, the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "the Act"), came into force. As required under Section 6 (1) of the Act, the petitioner submitted a declaration, in respect of a land held by it, in the year 1976 itself. 24 years thereafter, the Special Officer and Competent Authority, Urban Land Ceilings, Hyderabad, the 5th respondent, passed an order dated 13/11/2000 under Section 8(4) of the Act declaring that the petitioner holds an extent of 7,349.54, sq. metres, of land, in excess of ceiling limits.

(2.) Much before the 5th respondent passed orders under Section 8(4), petitioner made several representations to the respondents I and 2, Government of A.P., in Revenue Departments, and Principal Secretary, Municipal Administration and Urban Development Department, respectively, seeking exemption from the Act, in respect of the excess land. When the same were not considered for quite a long time, it filed W.P.No.17567 of 2001 seeking appropriate directions. The writ petition was disposed of through orders dated 23/8/2001, directing the respondents 1 and 2, to pass appropriate orders, within ten weeks from the date of receipt of the order. Acting on this direction, the 1st respondent passed orders in Memo dated 21/9/2001, rejecting the request of the petitioner. This writ petition is filed challenging the same. Petitioner contends that grant of exemption in respect of the open land, held by industrial units, from the provisions of the Act, was automatic, and to this extent, Government itself passed orders in G.O.Ms.No.436, dated 23/4/1986 etc. It contends that though the exemption was automatic, the matter was, kept pending for years together, and the application was rejected for extraneous reasons. Citing as many as (9) instances of grant of exemptions in favour of industrial undertakings, in and around Hyderabad, the petitioner complains of discrimination.

(3.) In the counter affidavit filed on behalf of the respondents, it is stated that once the land is within the Urban agglomeration, it is subject to the provisions of the Act. It is stated that the Government had framed guidelines in the matter of grant of exemptions in favour of industrial undertakings. They contend that grant of exemption is not automatic and necessary orders are required to be passed in this regard, taking relevant aspects into account. The allegation as to discrimination is denied, and various exemptions granted by it, are sought to be justified; or distinguished.