UMA EACHEMPATI Vs. GOVERNMENT OF TELANGANA

JUDGEMENT

(1.) The petitioner being the same and the issues being interconnected, these two cases are amenable to disposal by way of this common order.

(2.) Dr.Uma Eachempati, the petitioner, is the owner of an extent of over 1,300 square metres of land in Survey No.403/1 (old Survey No.120), Shaikpet Mandal, Hyderabad District, having purchased the same under the registered sale deed bearing Document No.1799 of 1975 dated 25.06.1975. This land constitutes Plot No.1300 in the layout formed by the Jubilee Hills Co-operative House Building Society Limited and was declared to be excess landholding in the hands of the petitioner under Section 10(3) of the Urban Land (Ceiling and Regulation) Act, 1976 (for brevity, 'the Act of 1976'), vide declaration dated 28.12.1987. Notice under Section 10(5) of the Act of 1976 was issued by the Special Officer and Competent Authority, Urban Land Ceilings, Hyderabad, on 17.02.1988 calling upon the petitioner to surrender/ deliver possession of the said land. The authorities claim to have taken over possession of this excess land under Section 10(6) of the Act of 1976 under Panchanama dated 10.05.1989, but it is the case of the petitioner that a house was constructed in the said land and she continued to remain in possession thereof even thereafter. Significantly, the Panchanama dated 10.05.1989 also records that there was construction in the land.

(3.) While so, the erstwhile Government of Andhra Pradesh issued G.O.Ms.No.456, Revenue (UC.1) Department, dated 29.07.2002, deciding in public interest and as a matter of policy that excess land equal to 300% of the ceiling limit should be exempted under Section 20(1)(a) of the Act of 1976 as per the principles adumbrated therein. Pertinently, one of the principles stipulated in the G.O. is that the exemption should be considered only when the land is in possession of the excess landholder or successor(s)- in-interest, with or without structures. The petitioner made an application under the provisions of this G.O. seeking exemption of her plot of land which was held to be excess landholding. In December, 2005, she paid a sum of Rs.12,50,992/- towards fee for exemption and a sum of Rs.1,87,650/- towards interest on the delayed payment. The acknowledgment dated 06.02.2006 bears out these payments made by the petitioner.