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Showing contexts for: Amberpet in The Bagh Amberpet Welfare Society ... vs State Of A.P., Rep. By Its Secretary, ... on 21 August, 2014Matching Fragments
Since the subject matter in Review in W.P.No.11681 of 2000 and W.P.No.22184 of 2009 is the same and the issues are inter-related, this Court deems it appropriate to dispose of these two cases by way of this common order.
2. The facts and circumstances, leading to the filing of the review petition in W.P.No.11681 of 2000 are as follows:
2.1 Respondents 1 to 4 in the review who are no more now filed W.P.No.11681 of 2000, seeking to declare the land acquisition proceedings initiated vide draft notification and draft declaration dated 4.6.1975 and 25.5.1978 issued under Sections 4(1) and 6 of the Land Acquisition Act, 1894 as lapsed to the extent of the land, admeasuring Ac.1.22 guntas situated in S.Nos.572 (Ac.0.07 gts.), 611 (0.21 gts.) and 612 (0.34 gts.) of Bagh Amberpet village, Hyderabad.
(i) Whether the review petitioners herein have made out a case, warranting any interference of this Court under the provisions of Order 47 Rule 1 read with Section 114 of CPC ?
(ii) Whether the review application is maintainable ?
(iii) Whether the review petitioners/petitioners in W.P.No.22184 of 2009 are entitled for any relief from this Court ?
9. The material available on record reveals that the State Government pressed into service the provisions of Land Acquisition Act, 1894 (hereinafter called the Act) and issued a draft notification under sub- Section (1) of Section 4 of the Act vide G.O.Rt.No.68 Health, Housing and Municipal Administration Department dated 4.6.1975 for the purpose of acquiring a total extent of Ac.21.00 gts. situated in Sy.Nos.567/1, 567/2, 615, 561, 563, 560, 564, 566, 568, 569, 570/1, 571, 572, 611, 612, 613, 614 and 578 of Bagh Amberpet village, Hyderabad for housing project under HUDCO scheme at the instance of Municipal Corporation of Hyderabad. Thereafter, the State Government issued a draft declaration under Section 6 of the Act for an extent of Ac.20-33 gts. vide G.O.Rt.No.41, Housing, Municipal Administration and Urban Development Department dated 25.4.1978. The review petitioners society which came into being on 15.4.1981 paid a sum of Rs.40,20,649/- to the MCH towards the cost of the land of Ac.20.33 gts. under acquisition. One Tulasi Cooperative Society in whose favour an agreement of sale was said to have been executed by the original owner Sri Syed Azam and Sri Syed Azam himself filed W.P.Nos.4485 & 5360 of 1981 before this Court questioning the proceedings initiated under the provisions of the Land Acquisition Act. In W.P.No.4455 of 1981, the review petitioner herein was arrayed as Respondent No.3 and by virtue of judgment dated 28.1.1982, the said cases were dismissed by this Court holding the proceedings as valid. As against the said judgment, W.A.Nos.170 and 171 of 1982 were filed and the same were allowed by a Full Bench of this Court on 2.3.1983, quashing the draft notification and draft declaration. As against the same, Civil Appeal Nos.5784-85 of 1983 were filed by the petitioners and in the meanwhile the State Government, vide G.O.Ms.No.946 dated 23.6.1983, cancelled the exemption granted earlier in favour of Syed Azam vide G.O.Ms.No.4293 dated 11.9.1980 under Section 20(1)(a) of the Urban Land Ceiling Act, 1976. W.P.No.5498 of 1983 filed by Syed Azam against the said order was dismissed on 30.6.1988 on the ground of pendency of above Civil Appeals before the Honble Supreme Court. Subsequently, S.L.P (Civil) No.1679 of 1989 was filed against the said order before the Honble Apex Court and W.P.No.6500 of 1983 before this Court was also transferred to the Supreme Court and an order was passed by the Honble Supreme Court on 17.8.1990, remanding the matters back to this Court and after remand, this Court passed orders dismissing W.A.Nos.170 and 171 of 1982 and disposing of W.P.Nos.6500 and 5498 of 1983 vide orders dated 21.11.1992 and the operative portion of the said orders reads as under:
1. The land acquisition proceedings covered by the Section 4(1) notification issued in G.O.Rt.No.68 dated 4.6.1975 in respect of Ac.18-03 guntas of land shall revive and be completed as expeditiously as possible preferably within three months from today, the beneficiaries being the 374 members of the Bagh Amberpet Welfare Association who have already remitted a total sum of Rs.40,20,649.04.
2. The compensation amount the land owners are entitled to, shall be limited only to Rs.25,49,131.75 and nothing more.