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Showing contexts for: Amberpet in Tulsi Co-Operative Housing Society ... vs The State Of A.P. Rep. By The Secretary, ... on 21 November, 1992Matching Fragments
2. One Bagh Amberpet Welfare Society, a body registered under the Societies Registration Act got itself impleaded as respondents 3 and 4 in the writ petitions and writ appeals. It appears, the society was formed in order to enable persons belonging to economically weaker sections, lower and middle income groups to obtain house-sites. The society claims that its members are beneficiaries of the land acquisition proceedings as the land acquisition proceedings were initiated for allotment of plots to its members. A sum of Rs. 25,14,502/- was deposited by its members with the Municipal Corporation of Hyderabad pursuant to a notification issued by the Special Officer of the Corporation in June, 1981 requesting the Bagh Amberpet Welfare Society to deposit the provisional land value. During the pendency of the writ appeals, applications filed for stay of further proceedings were dismissed and the State Government invoked the powers under Section 47 of the L.A. Act for taking possession. The Executive Magistrate by an order dated 12-2-82 authorised the Tahsildar to take possession removing the obstructions if any and accordingly under a Panchanama dated 21-2-82 the Tahsildar took possession of the land. The Bagh Amberpet Welfare Society preferred Civil Appeal Nos. 5784 and 5785 of 1983 before the Supreme Court against thejudgment of the Full Bench in W.A.Nos. 170 and 171/82 dated 2-3-83. The State Government did not prefer any appeals.
"Government are of the opinion that the land vested in Government can be gainfully utilized for public purpose to subserve the needs of the urban poor as envisaged under the Urban Land (Ceiling and Regulation) Act, 1976."
In what manner it is proposed to be done also is indicated in the letter; a committee will consider the applications of eligible urban poor for allotment of plots and the consideration will also extend to the members of Bagh Amberpet Welfare Society and M/s. Tulsi Co-operative Housing Society. In view of this stand of the Government, we feel it necessary to consider the question of the effect of the U.L.C. Act on the acquisition proceedings under the L.A. Act and also the entitlement of the members of Bagh Amberpet Welfare Association for the land in question.
24. Following the same we hold that vesting of possession of land in the Government under the provisions of the L.A. Act cannot exclude the applicability of the U.L.C. Act.
25. However, this will not conclude the matter in the present fact situation.
26. There are 374 members in Bagh Amberpet Welfare Association. The acquisition of the land as per the notification dated 4-1-75 in G.O.Rt. No. 68 was for a public purpose - for a housing project under HUDCO scheme. The notification itself was issued pursuant to the proposals submitted by the Municipal Corporation of Hyderabad on 22nd November, 1973 for construction of a housing project under HUDCO scheme and administrative sanction for Rs. 1.32 crores was accorded on 22nd March, 1974. The Municipal Corporation of Hyderabad caused a publication in Deccan Chronicle newspaper on 30th March, 1974 inviting applications from economically weaker sections, low and medium income group people desirous of owning houses in Bagh Amberpet locality. The Bagh Amberpet Welfare Society comprising 374 members belonging to the aforesaid categories of persons deposited in the first instance a sum of Rs. 25 lakhs and the latter issued allotment letters in August, 1975. The details of the remittances made by the 374 members are as follows:-
29. Although Shree Venkata Ramanaiah learned counsel for the land owners asserts that the compensation aspect need not be gone into in these cases and his clients should be allowed to work out their rights under the L.A. Act for higher compensation, we are of the considered view that this litigation should not be allowed to drag on any further. There are special equities in favour of the members of the Bagh Amberpet Welfare Association and to some extent the land owners also. The price of Rs. 25/- per square yard in Bagh Amberpet locality in the year 1975 appears to be just and reasonable. We accordingly hold that the land owners will be entitled only to the amount that has been deposited by the members of the Bagh Amberpet Welfare Association towards the land value - Rs. 25,49,131.75. Apart from equitable considerations propelling us to come to this conclusion, there are certain other reasons also.