K MAKKAJI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition arises under the provisions of the Urban Land (Ceiling and Regulations) Act, 1976 (hereinafter referred to as 'the Act'). The prayer sought for is to extend the benefit of G.O.Ms. No. 733, Revenue (UC-II) Department, dated 31-10-1988 to the lands of the petitioners. The lands of the petitioners are situated within the limits of Municipal Corporation of Hyderabad, while the above G.O.Ms. No. 733, dated 31-10-1988 confers benefits of exemption only for the lands situated outside the areas of Hyderabad Municipal Corporation. The above G.O.Ms. No. 733 also excludes the agglomerated areas which are specified under the Act. But, that is a question apart in this writ petition.

(2.) This Court's intervention is sought for under Art. 226 of the Constitution of India only on one ground viz., unreasonableness of the distinction made between the lands situated within the Municipal Corporation of Hyderabad and outside the same and this argument is based on the touch stone of Art. 14 of the Constitution of India. What is argued by Mr. K. Pratap Reddy, the learned counsel appearing for the petitioners is that the basis for exemption under G.O.Ms. No. 733, dated 31-10-1988 being the hardship caused to the holders of the lands in excess of the ceiling limit prescribed under the Act, there is no rationale in depriving the holders of the lands situated in Municipal Corporation limits while conferring such benefits only on the holders of the lands in peripheral areas. According to the learned counsel there is no intelligible differentia for making such a distinction.

(3.) The learned Govt. Pleader argues otherwise and submits that as the agricultural lands situated in peripheral areas outside the limits of Municipal Corporation of Hyderabad were not within the ambit of the Act and they were brought within the purview of the Act only by a subsequent Master Plan prepared on 29/09/1980, to alleviate the grievances and hardship caused to the agriculturists and also keeping in view the necessity for making constructions to cater to the needs of the needy, G.O.Ms. No. 733 was issued and that the same is rational and the distinction drawn between the lands situated within the Municipal Corporation of Hyderabad and those beyond it, is reasonable and not arbitrary.