QUDRAT NAWAZ KHAN Vs. SPECIAL DEPUTY COLLECTOR

JUDGEMENT

(1.) THE writ petition was originally filed by Qudrat Nawaz Khan, S/o. Col. Omar Daraz khan of Golconda, Hyderabad. During the pendency of these proceedings, he died and his wife and children are brought on record as legal heirs. A writ of mandamus is sought for direction to respondent to pass an award under Land acquisition Act, 1894 (the Act, for brevity) for the land admeasuring Acs. 24. 12 guntas in survey No. 36 (Old) corresponding to new survey Nos. 207, 208 and 209 situated at Makai Darwaza, Golconda, Hyderabad District (hereinafter called, subject land ).

(2.) THE brief fact of the matter is as follows. The subject land was originally owned by Col. Omar Daraz Khan. In 1950, subject land was acquired by Military. The land owner approached the authorities for compensation, in vain. He died in 1955. General Power of Attorney (GPA) of first petitioner, Abdul Khadar, unsuccessfully pursued the matter from 1958 to 1983 with the authorities for compensation. The GPA died on 28. 1. 1983. It is alleged that first petitioner was away from India and working in Saudi Arabia and after retirement he came back and was pursuing the matter with the authorities.

(3.) THE Defence Estate Officer, Cantonment - fourth respondent herein; filed counter affidavit in July 1996. Another counter affidavit was also filed in February 2006. Their case in brief may be noticed. By proceedings of the Board of revenue dated 19. 8. 1958, an extent of Acs. 484. 02 guntas in Ibrahim Bagh lines near Makai Darwaza was transferred by the State Government to Government of india, Military of Defence. The land was taken over by fourth respondent as Ex-State Forces Land, which is treated as Government of India property under article 295 (1) of Constitution of India with effect from 01. 4. 1950. From the date of taking possession on 19. 3. 1958 the land is in possession of the Defence ministry and there was no interference by anybody. Military Land Register (MLR)maintained by Defence Estate Office also contains entries about this land in accordance with Rule 14 of Military Lands of India (ACR) Rules, 1944. Swimming pool, training/parade area, Old Park, MI room etc. , are existing in the land under the occupation of the Defence Ministry. An extent of Acs. 24. 12 guntas in survey No. 35 (Old) corresponding new survey Nos. 207, 208 and 209 also forms part of Acs. 484. 02 guntas in survey No. 35 (Old ). This land falls in Ibrahim Bagh lines area near Makai Darwaja and is occupied by pakka defence installations. Military never acquired land in survey No. 207 or 209 and never took possession from Late Col. Omar Darwaz Khan. Fourth respondent is not aware of any claim petition filed by father of first petitioner for compensation. The present petition filed by first petitioner is barred by limitation. The correspondence between petitioners and respondent is of no avail, as the latter has no authority to usurp the jurisdiction unless proceedings are initiated under the act. The subject land claimed by petitioners is in possession of the Defence ministry for last 38 years and nobody claimed any right or interest in the property.