S SULAKSHNA BAI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The question for consideration in this writ petition is whether the land certified to be agricultural land on the date of commencement of the Urban Land (Ceiling and Regulation) Act, 1976 (for short, the Act'), would continue to retain its character as agricultural land even after it was divided into house sites and sold? The petitioner was the pattadar in' respect of agricultural lands covered by Sy.Nos.63, 71 and 72 of Karmanghat village within the urban agglomeration of Hyderabad. On the coming into force the Act, she and her four daughters and one son filed separate declarations under Section6 (1)of the Act in respect of the land s, before the Special Officer and Competent Authority, Urban Land Ceiling, Hyderabad, (for short, 'the Special Officer'). As the petitioner had a doubt regarding the nature of the land, she obtained a certificate from the Special Officer under Section 2 (o) of the Act read with the clarification issued by the Government in their memo No.6922/UC.l/76.4 dated 31-1-1977, to the effect that the provisions of the Act are not attracted in respect of the above land. The Special officer declared this land as agricultural land by his order dated 27-9-1978.

(2.) By the end of 1978 all the lands were sold away by the petitioner in favour of several persons as house sites. By a G.O.Ms.No.391 dated 23-6-1980 the Master Planinrespectof Hyderabad was issuedanditcame into operation with effect from 23-9-1980. The area covered by the land in question was shown as residential zone in the Master Plan.

(3.) The Special officer, in 1981, issued notice to re-open the question of determination of excess land. The petitioner objected to the re-opening of the question, on the ground of earlier orders declaring the lands outside the scope of the Act. Over-looking the objections, the Special Officer determined the excess land at 1,62,625-00 Sq.Mts., by an order dated. 24-11-1984, which was confirmed by the appellate authority on 27-6-1985. Challenging the same, the present writ petition was filed.