GOVERNMENT OF ANDHRA PRADESH Vs. J SRIDEVI

JUDGEMENT

(1.) In this writ appeal, the ranks of the parties mentioned as in the writ petition.

(2.) This appeal is by respondents 1,2 and 4 in W.P.No. 5929/97 aggrievedby the order of the learned single Judge of this Court allowing the writ petition filed by the petitioners who sought reliefs of writ of Mandamus directing the 2nd respondent authority to declare the land of 1000 Sq. metres of each of the petitioners is outside the purview of the provisions of the Urban Land (Ceiling and Regulation) Act of 1976; to direct the 3rd respondent for sanction of the layout and also to direct the 4th respondent for entertaining the registration of the sale deeds.

(3.) A few facts which are necessary to dispose of this appeal are as fallows: The petitioners purchased each an extent of 10 guntas or 1000 Sq. metres from the pattadars of the land in S.No. 79 part of Madapur village, Serilingampally Mandal, Rangareddy district. At the time of purchase, the land in question was an agricultural land. As per the plan dt: 21-8-1978 prepared by the competent authorities of Survey and Land Records, Urban Land Ceiling, Hyderabad, the Muncipal limits of Hyderabad and Secunderabad is shown as 5 Kilometres away from the peripheral boundary which is the limit for Hyderabad Urban Agglomeration and the same was demarcated. Thus, the peripheral area starts from the border of the municipal boundary at 5th K.M. As on the date of purchase of sites by the petitioners there was no legal restriction for transfer of agricultural land situated in the area mentioned above. In view of the Government Memo No. 132831/UC-1/88, dated 22-12-1988, there was also no bar for registration of such land by the Sub-Registrar. Sale deeds were executed in number of cases. The land in S.No. 79 in which a portion of the petitioners' lands are situated in Madapur was not an urban land either at the time of coming into force of the A.P.Urban Land (Ceiling & Regulation) Act, 1976 hereinafter referred to as "the Act 1976", which came into effect w:e.f 17-2-1976 or when the master plan was amended or subsequent to that. The village Guttala Begumpet situated prior to Madapur village is not shown in Hyderabad Agglomeration map of Hyderabad and Secunderabad. When there was cloud as to the inclusion of S.No. 79 of Madapur, one Smt. K. Leela Kumari, sought clarification from the Government whether Guttala Begumpet village is situated in core area or peripheral area of Hyderabad Agglomeration. The Government after satisfying with the report of its subordinates including survey officers, in Memo No. 13940/UC-II(2}/ 88-4, dated 18-4-1989 informed Smt. Leela Kumari that Guttala Begumpet village is in the peripheral area w.e.f. 16-10-1978. The Government by its order in Memo No. 50885/UC-II-I/90 dated 4-6-1990 stated that the excess vacant land upto Ac. 5.00 excluding roads etc. in S.Nos. 12 and 13 situated at Guttala Begumpet village, Hyderabad Urban Agglomeration is within the peripheral area. Thus, there is no need to issue separate orders upto Ac.5.00 after excluding the area required for roads, exempting the land in S.Nos. 12 and 13 of Guttala Begumpet village from the provisions of the Act, 1976. At no time Madapur village was shown in Col. 2 of Schedule I. As per the Government Memo No. 139040/UC-II(2)/88-4, dated 18-4-1980, the Government of A.P. observed that Madapur village is in the peripheral area of Hyderabad Agglomeration. The Government by its G.O.Ms.No. 467, M.A., dt: 3-9-1996 informed that the land in question situated in the peripheral area of Hyderabad Agglomeration.