Andhra Pradesh High Court - Amravati
The Founder And Chairman vs State Of Ap on 15 September, 2023
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.5175 OF 2020
The Founder and Chairman, M/s. Sweekaar
Rehabilitation, Institute for Handicapped,
Secunderabad at Putlampalli, Kadapa
Mandal, represented by GPA Holder,
Ch.Sridhar, S/o Ch.Venkata Sattaiah, Aged
about 36 years, R/o S.No.104 GF, Santhosh
Nilayam, Sri Sai Enclave, Old Bowenpally,
Secunderabad.
... Petitioner
Versus
1. The State of Andhra Pradesh, represented
by its Principal Secretary, Revenue
Department, Secretariat Buildings,
Velagapudi, Amaravathi - 522 237, Andhra
Pradesh and three other.
... Respondents
Counsel for the petitioner : Sri K.V.Simhadri, learned Senior
Counsel, Rep. by Smt.M. Manikya
Veena, learned counsel
Counsel for respondent
Nos.1 to 4 : GP for Revenue
ORDER
The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
"... to issue writ, order or direction more particularly one in the nature of Writ of Mandamus directing the action of 2nd respondent in issuing the order vide proceedings R.Dis.(E1)569/2005, dated 16.02.2020 instructing the 4th respondent to take over the possession of the lands from Page 2 of 19 SRS, J W.P.No.5175 of 2020 the petitioner institute and make necessary entries in the revenue records for violation of G.O.Ms.No.57, Revenue (Assn-I) Department, dated 16.02.2015 of Government of Andhra Pradesh and BSO 24(6)(2), as being unsustainable in law, illegal and violation of the Article 14 of the Constitution of India; consequently, direct the respondent Nos.2 to 4 not to resume the 9 acres of land from the petitioner institute as indicated in the proceedings dated 16.02.2020 of the 2nd respondent forthwith and pass such other order or further orders..."
2. Averments in affidavit, in brief, are that the founder and chairman of petitioner-institute started Academy of Rehabilitation Sciences under the name and style of "Sweekaar" at Secunderabad in the year 1977, in order to serve all the age group of disabled persons. Petitioner-institute was accredited as "C" Grade Institute by NAAC. Petitioner made application to the Government of Andhra Pradesh, for alienation of the Government land for establishment of Sweekaar Rehabilitation Centre and training courses in Kadapa. The Government of Andhra Pradesh alienated an extent of Ac.1.17 cents in Sy.No.163/7; Ac.0.58 cents in Sy.No.202/1; Ac.3.52 cents in Sy.No.202/2; Ac.3.43 cents in Sy.No.203/1; Ac.1.30 cents in Sy.No.203/2, totalling an extent of Ac.10.00 cents in Putlampalli Village, Kadapa District, on payment of Rs.50,000/- per acre, subject to the usual terms and conditions laid down as per Page 3 of 19 SRS, J W.P.No.5175 of 2020 Order 24 of the Board of Revenue Standing Orders, vide G.O.Ms.No.1405, Revenue (ASN.IV) Department, dated 03.11.2007, in the name of "Founder and Chairman, Upkaar and Sweekaar, Secunderabad". Later the nomenclature was changed as "Sweekaar Rehabilitation Institute for Handicapped"
vide G.O.Ms.No.432, Revenue (Assn.IV) Department, dated 05.03.2009.
(a) Petitioner had spent huge amount to level the land.
The entire extent of Ac.10.00 cents was fenced with cement poles and barbed wires. Two bore wells were dug. Three rooms for servant, security and stores were constructed. Separate transformers were erected, and more than 2,500 saplings were planted with fencing. Playground for students was formed and a building was constructed covering 10,000 Square feet area. Petitioner-institute was affiliated to Yogi Vemana University and invested an amount of Rs.18 lakh as deposit to start courses. Petitioner-institute also brought 121 highly qualified Rehabilitation Professionals. For 14 years, petitioner-institute was running in Kadapa.
(b) Respondent No.2 issued notice vide Ref.No.E1/569/2005, dated 27.11.2019, to the petitioner- Page 4 of 19
SRS, J W.P.No.5175 of 2020 institute, indicating violation of conditions as per Order 24 of the Board of Revenue Standing Orders. Petitioner submitted explanation on 30.12.2019. However, without considering the explanation, respondent No.2 issued proceedings vide R.Dis.(E1)569/2005, dated 16.02.2020 in exercise of powers conferred under G.O.Ms.No.57, Revenue (Assn..I) Dept., dated 16.02.2015, to resume the land of an extent of Ac.1.17 cents in Sy.No.163/7; Ac.0.58 cents in Sy.No.202/1; Ac.2.69 cents in Sy.No.202/2; Ac.3.36 cents in Sy.No.203/1; Ac.1.20 cents in Sy.No.203/2, totalling an extent of Ac.9.00 cents in Putlampalli Village, Kadapa District, for utilizing the same for public purpose, leaving an extent of Ac.1.00 cents for petitioner- institute. The proceedings are in violation of order 24(6)(2) of the Board of Revenue Standing Orders. Aggrieved by the same, petitioner-institute filed the above writ petition.
3. Respondent No.2 filed counter affidavit. It was contended inter-alia, that the Government of Andhra Pradesh has issued instructions to inspect all the Government lands which were alienated to the various institutions and resume the allotted lands, in case of violation of alienation conditions. During the inspection in Kadapa Mandal, it was noticed by the revenue officials that an extent of Ac.9.65 cents, out of Ac.10.00 cents in Page 5 of 19 SRS, J W.P.No.5175 of 2020 Sy.Nos.163/7, 202/1, 202/2, 203/1 and 203/2 of Putlampalli Village, Kadapa Mandal, which was alienated to "Sweekaar Rehabilitation Institute for Handicapped" is kept vacant without any utilization, even after lapse of 12 years from the date of alienation. Institute occupied Ac.0.35 cents in Sy.No.202/2, by constructing a small building consists with two bathrooms. The land was fenced with cement poles without barbed wire and open on all sides.
(a) It was further noticed by the revenue officials that since several years, no classes were conducting in the petitioner-
institution, as the Rehabilitation Council of India has not given permission, due to non-availability of required equipments for conducting classes. Hence, an extent of Ac.1.00 cents, out of Ac.10.00 cents is enough to run the petitioner-institute.
(b) Thus, the Revenue Divisional Officer, Kadapa vide Ref.No.E/565/2006, dated 20.11.2019 submitted a report to the District Collector, Y.S.R. District, for resumption of remaining unutilized alienated land of an extent of Ac.9.00 cents. Notice was issued to the petitioner-institute. The explanation offered by the Founder and Chairman of petitioner-institute was not satisfactory, hence, respondent No.2 by proceedings in Page 6 of 19 SRS, J W.P.No.5175 of 2020 R.Dis.(E1)569/2005, dated 16.02.2020, resumed the unutilized alienated land of an extent of Ac.9.00 cents in Putlampalli Village, Kadapa Mandal, for public purpose and directed the Tahsildar, Kadapa to take over the possession of land from the petitioner-institute. On 19.02.2020, the then Tahsildar, Kadapa, took over the possession of land under the cover of panchanama and made entries in the revenue records. The land of an extent of Ac.9.00 cents is under the possession of the Government. Eventually, prayed to dismiss the writ petition.
4. Reply affidavit was filed by the petitioner. It was contended inter-alia, that in panchanama filed along with counter affidavit, respondents have mentioned that no building was constructed in the lands referred supra, whereas, in counter affidavit, they have stated that there is a small building consists with two bathrooms were constructed. On 28.09.2020, the Rehabilitation Council of India conducted inspection and granted No Objection Certificate to run the college up to the academic year 2023.
5. Heard Sri K.V.Simhadri, learned Senior Counsel representing Smt.M.Manikya Veena, learned counsel for the petitioner and Sri Sasidhar Reddy, learned Assistant Page 7 of 19 SRS, J W.P.No.5175 of 2020 Government Pleader attached to Office of the Advocate General appearing for the respondents.
6. Learned Senior Counsel appearing for the petitioner would contend that the land referred to supra, was alienated in favour of petitioner for a valuable consideration by the Government for establishment of petitioner-institution. Later institution was established. Students are prosecuting the course. Petitioner did not violate Order 24 of Andhra Pradesh Board of Revenue Standing Orders (for short "B.S.O.24") and hence, the proceedings issued by the District Collector, is liable to be set aside. Learned counsel would further submit that officials of Rehabilitation Council of India have been inspecting the institution periodically. Petitioner-institution is also conducting Bachelor of Science in Speech Language & Pathology (4 year course). Petitioner-institution is rendering service to the disabled persons and students will be allotted to the institution by Rehabilitation Council of India.
7. Learned Assistant Government Pleader, per contra, would contend that out of allotted land of an extent of Ac.10.00 cents, Ac.0.35 cents have been utilized by the petitioner-institution and Ac.9.65 cents have not been utilized by the institution even Page 8 of 19 SRS, J W.P.No.5175 of 2020 after lapse of 12 years. Since, the conditions of grant have been violated, show-cause notice dated 27.11.2019, was issued calling upon the petitioner to submit explanation within 15 days. Founder Chairman issued reply notice dated 30.12.2019. In reply notice, it was specifically contended that the General Body resolved with Ac.0.35 cents, the aim of institution will not be accomplished and hence, they thought of surrendering entire Ac.10.00 cents with buildings and furnishings. The District Collector after careful consideration of the explanation submitted, directed the Tahsildar, Kadapa, to resume Ac.9.00 cents, out of Ac.10.00 cents allotted to the petitioner. The Tahsildar, Kadapa resumed land of an extent of Ac.9.00 cents under panchanama dated 29.11.2019. Thus, prayed to dismiss the writ petition.
8. Point for considerations are:
(1) "Whether the respondent No.2 exceeded its jurisdiction and passed orders impugned?
(2) Whether the respondent No.2 failed to consider the explanation submitted by the petitioner properly?"
9. As seen from the pleadings and material papers filed along with the writ petition and counter affidavit, there is no dispute Page 9 of 19 SRS, J W.P.No.5175 of 2020 that the Government alienated an extent of Ac.1.17 cents in Sy.No.163/7; Ac.0.58 cents in Sy.No.202/1; Ac.3.52 cents in Sy.No.202/2; Ac.3.43 cents in Sy.No.203/1; Ac.1.30 cents in Sy.No.203/2, totalling an extent of Ac.10.00 cents in Putlampalli Village, Kadapa District in favour of Founder and Chairman, Upkaar and Sweekaar, Secunderabad, for establishment of institution, on payment of Rs 50,000/- per acre. Accordingly, G.O.Ms.No.1405, Revenue (ASN.IV) Department, dated 03.11.2007, was issued. As seen from the Government Order, the Collector, Kadapa District has recommended the proposal for alienation on payment of market value of Rs.20,00,000/- per acre. The Chief Commissioner of Land Administration, Hyderabad has also recommended the proposals of the Collector, Kadapa on payment of market value @ Rs.20,00,000/- per acre. The Finance Department also agreed with the proposals of the Department.
10. However, the Government after careful examination and also by considering that the applicant's society being a service oriented organization, exclusively dealing with the welfare and development of disabled children, accorded sanction of alienation of Ac.10.00 cents in the above survey numbers @ nominal cost of Rs.50,000/- per acre, subject to the usual terms Page 10 of 19 SRS, J W.P.No.5175 of 2020 and conditions as laid down in B.S.O.24. Possession of land was handed over on 21.11.2007.
11. Later, Government issued orders vide G.O.Ms.No.432, Revenue (Assn.IV) Department, dated 05.03.2009, by changing the nomenclature of name of the institution as "Sweekaar Rehabilitation Institute for Handicapped", instead of Founder and Chairman, Upkaar and Swekaar, Secunderabad. In view of change in the name of institution, Revised Possession Handing Over Certificate was issued by the Tahsildar, Kadapa on 01.06.2009.
12. The Registrar, Sri Venkateswara University by proceedings dated 08.11.2005, granted temporary conditional affiliation to Sweekar Degree College of Audiology, Speech and Language Pathology, Government Head Quarters Hospital, Kadapa (Urban Co-Education), under the management of Sweekar Rehabilitation Institute for Handicapped, Upkaar Circle, Secunderabad, for B.Sc., Audiology, Speech and Language Pathology (ASLP) EM with 20 seats. Rehabilitation Council of India by proceedings dated 22.11.2005, issued certificate of approval for academic session 2005-2006, subject to condition that the R.C.I. standard syllabus and nomenclature should be Page 11 of 19 SRS, J W.P.No.5175 of 2020 followed and facilitates in the training institute also to be maintained in accordance with norms prescribed by R.C.I from time to time.
13. Government of Andhra Pradesh Department for Disabled and Welfare & Senior Citizens accorded permission for starting B.Ed. (MR) Course at Tandur, Guntur, Kadapa branches for the academic year 2009-2010. Yogi Vemana University, Kadapa, Andhra Pradesh (College Development Council) granted temporary affiliation for Under Graduate courses for the academic year 2014-2015, for B.Sc Audiology, Speech and Language Pathology (ASLP) (4 year Degree course) on 27.12.2014, with certain conditions.
14. The Government of Andhra Pradesh issued G.O.Ms.57 Revenue (Assn.I) Department dated 16.02.2015. As per Clause 6
(ii) of G.O., one of the condition is that in case of violation of conditions as well as for non-utilization of land, the District Collector of the District concerned would be the authority to cancel and resume the land from the allottee, on the ground of violation of condition for non-utilization of allotted land in favour of private individuals/private organizations/Government Page 12 of 19 SRS, J W.P.No.5175 of 2020 Departments. The Government Order 57, dated 16.02.2015, would apply to all previous allotments made.
15. As seen from the show-cause notice dated 27.11.2019, the Revenue Divisional Officer, Kadapa reported to the District Collector that during his inspection along with the Tahsildar, Kadapa, he observed that the land alienated in favour of the petitioner-institution, was not fully utilized and the institution is utilizing only Ac.0.35 cents in Sy.No.202/2, by erecting a small building and two bathrooms with access to that building. The remaining extent of Ac.9.65 cents is vacant, without any utilization even after lapse of 12 years. The building is existed in Ac.0.25 cents, toilets block in Ac.0.02 cents and rastha in Ac.0.08 cents, totalling Ac.0.35 cents.
16. The explanation submitted by the petitioner plays vital role in the case at hand. In the explanation submitted to the show- cause notice, it was pleaded about the allotment and the expenses incurred for levelling, fencing, bore wells, transformer, etc. It was further contended that in the year 2009, petitioner moved to new site, after construction of 10,000 Sq. feet area, provided furniture, equipment, library, sound proof room etc., from the Old Government Hospital. After moving to new land Page 13 of 19 SRS, J W.P.No.5175 of 2020 from the Old Government Hospital, patients were not going to the new place because of long distance and lack of transport. To meet the challenge, petitioner-institution hired two apartments, 3 BHK for seven years and has been rendering service within the city. The explanation further discloses that General Body resolved that Ac.0.35 cents will not be sufficient to accomplish their dream and hence they thought of surrendering the entire Ac.10.00 cents with buildings and furnishings. It was further pleaded that to extend the financial support of Rs.7 crores to bail out Sweekaar from the present crises. Thus, as seen from the explanation, no activity is being conducted in the place alienated in favour of the petitioner.
17. The Principal, Sweekaar Academy of Rehabilitation Sciences addressed a letter dated 26.09.2018, to the Registrar, Yogivemana University, Kadapa requesting to issue No Objection Certificate for withdrawal of corpus fund. The said letter discloses that the petitioner institute is offering B.Sc. ASLP in Sweekar Degree College, Kadapa from the academic year 2005- 2006; however, they have discontinued admissions from the academic year 2016-2017, due to financial problems. All the students at Kadapa Campus completed the course. In case of Page 14 of 19 SRS, J W.P.No.5175 of 2020 any back log students, they shall be taken care of by the Sweekaar Academy of Rehabilitation Sciences at Secunderabad.
18. Thus, as seen from the letter dated 26.09.2018, it would portray that petitioner is not imparting education in ASLP course. Thereby, petitioner is not utilizing the land Ac.10.00 cents. In fact, as seen from the explanation, petitioner hired two apartments, 3 BHK for seven years and has been rendering services within the city, since nobody is coming forward to the place allotted to the petitioner, where 10,000 Sq. feet building was constructed.
19. Though, learned Senior Counsel would contend that the education being imparting by the petitioner is special in nature, as seen from the material on record, petitioner sought for NOC from Yogi Vemana University not to continue the course. No material is placed before the Court to substantiate the contention that petitioner is imparting education to the specially challenged students in Ac.10.00 cents area alienated by the Government.
20. It is relevant to mention here that B.S.O.24 deals with placing State land at the disposal of a person, an institution or a local body and exemption from land revenue and Clause (1) Page 15 of 19 SRS, J W.P.No.5175 of 2020 deals with placing state land at the disposal of a person, an institution or a local body.
21. 24 (6) (ii) of Andhra Pradesh Board of Revenue Standing Orders relevant is extracted hereunder:
"The Government may resume the land wholly or in part with any building thereon, in the event of the infringements of any of the conditions of the grant. In the event of such resumption no compensation shall be payable for any improvements that may have been effected, or other works that may have been executed on the land by the grantee and the grantee shall not be entitled to the repayment of any amount that may have been paid to the Government for the grant. If there are buildings on the land the Government may direct the grantee to remove them."
22. Learned Government Pleader placed reliance upon the judgment of Aman Semi-Conductors (Pvt.) Ltd., v. Haryana State Industrial Development Corporation Limited 1. The Hon'ble Apex Court, observed as under:
Para No.22 : The idea behind development of industrial plots and allotting them to deserving applicants is to act as a catalyst to promote economic growth; this aspect was underlined in Hari Om in the following manner, while describing functions of HSIDC:
4. ....Its Principal function is allotment of industrial plots belonging to the State of Haryana. It was 1 2023 SCC Online SC 195 Page 16 of 19 SRS, J W.P.No.5175 of 2020 set up as a catalyst for promoting economic growth and accelerating the pace of industrialization. It not only provides financial assistance to the industrial concerns by way of term loans; it also develops infrastructure for setting up of industrial units. The Corporation also invests money in developing the industrial estates at strategic locations. In exercise of its functions, it also allots industrial plots to entrepreneurs for setting up their industries on "no profit no loss" basis. The entrepreneurs, according to the Corporation, must be the deserving ones. For the said purpose, it keeps in mind the principle that allotment of land should not be made to speculators who invest in property for getting high returns on escalation of price."
23. The observation made by the Hon'ble Apex Court was in connection with development and industrial plots. The expression of the Apex Court cannot be equated with the present situation i.e. imparting education to mentally disabled persons. However, this Court shall not be oblivious of the fact that petitioner is using a small extent as indicated supra. Utilisation, as seen from the material on record, is construction of a small structure with 10,000 Sq. feet, two bath rooms and the passage to reach the building.
24. This Court while exercising the Judicial Review under Section 226 of Constitution of India, will not sit in appellate authority against the decision. But this Court will see any irregularity or impropriety qua the decision-making process. Page 17 of 19
SRS, J W.P.No.5175 of 2020
25. As seen from the record, the District Collector, Kadapa District, the Chief Commissioner of Land Administration, Hyderabad and the Finance Department, recommended to alienate the land referred to supra, on payment of market value of Rs.20,00,000/- per acre. But the Government on a careful consideration, keeping in view the objects of the society, exclusively dealing with the welfare and development of disabled children, accorded sanction for alienation of Ac.10.00 cents in the above survey numbers @ nominal cost of Rs.50,000/- per acre, subject to the usual terms and conditions as laid down in B.S.O.24. The very purpose, for which the land was allotted, seems, not achieved. In fact, a perusal of letter dated 26.09.2018, would disclose that the petitioner is not imparting education in ASLP.
26. The District Collector cautiously judged the issue, as seen from the proceedings, impugned in the writ petition. The District Collector neither exceeded its jurisdiction nor ignored to consider the contents in the reply.
27. In view of the discussion supra, this Court does not find any illegality or irregularity in the decision-making process. Page 18 of 19
SRS, J W.P.No.5175 of 2020 There are no merits in the writ petition and the writ petition is liable to be dismissed.
28. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.
________________________________ JUSTICE SUBBA REDDY SATTI Date : 15.09.2023 TVN Page 19 of 19 SRS, J W.P.No.5175 of 2020 13 THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.5175 OF 2020 Date : 15.09.2023 TVN