Indian Kanoon - Search engine for Indian Law

2) Brief facts:-

(a) One Mohd. Ruknuddin Ahmed and 10 others were the original owners of land admeasuring 526.07 acres in Survey No. 83 situated at Village Raidurg (Panmaktha) of Ranga Reddy District in the State of Andhra Pradesh. Out of the said land, an extent of 252.33 acres is assessed to revenue as cultivable agricultural land and the remaining extent of 273.14 acres is treated as pote-kharab(un-

cultivable) land. On 07.07.1974, the owners executed registered General Power of Attorney (hereinafter referred to as "GPA") in favour of a partnership firm known as "Sri Venkateswara Enterprises" represented by its Managing Partners A. Ramaswamy and A. Satyanarayana. On 01.01.1975, the A.P. Land Reforms Act, 1975 came into  force. Since the land in Survey No.83 was an agricultural land, the said owners filed eleven declarations under the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as "the Land Reforms Act") and the Authority under the Land Reforms Act declared about 99 acres as surplus in the hands of 4 declarants and possession was also taken on 11.04.1975. The Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as `the ULC Act') came into force on 17.02.1976. The owners, through their GPA, filed declarations under Section 6(1) of the ULC Act under a mistaken impression that the ULC Act was applicable to their land, though the same was inapplicable for the reason that the land in question was agricultural land and the same was not included in the Master Plan as on the date of commencement of the ULC Act. On 01.07.1977, draft statements under Section 8(1) of the ULC Act together with notice under Section 8(3) were served inviting objections to the draft statement prepared under Section 8(1) of the ULC Act but no orders were passed on any of the declarations. On 06.12.1979 & 25.01.1980, final statements under Section 9 were issued declaring the surplus area by each of the declarant. On 16.09.1980 & 30.01.1980, the Competent Authority issued notification under Section 10(1) of the ULC Act.

Draft statement under Section 8(1) and notice under Section 8(3) of the ULC Act was issued on 01.07.1977/11.11.1977. A perusal of the draft statement subsequently state that the land is a grazing land and is not mainly used for the purpose of agriculture. By order dated 06.12.1979/25.01.1980, the Competent Authority under the ULC Act held the owners to be in possession of vacant land in excess of ceiling limit and issued final statements under Section 9 of the ULC Act declaring the surplus area of each declarant. On 16.01.1980/30.01.1980, a notification was issued under Section 10(1) of the ULC Act stating the extent of surplus land held by the declarants and affording opportunity of hearing to all interested persons. On 23.06.1980, the Master Plan came to be extended to cover the land in issue.

18) On 16.07.1980, GPA holder of declarants filed another application in Land Reforms Tribunal contending that the provisions of the Land Reforms Act are not applicable and provisions of the ULC Act are applicable since the land is urban vacant land. As a matter of fact, a prayer was made for release of land admeasuring 99.17 acres declared as excess land under the Land Reforms Act to be returned to the owners. Meanwhile, surplus lands were allotted to Hyderabad Urban Development Authority by G.O.Ms. No. 5013 dated 19.12.1980. By notification dated 24.01.1981 issued under Section 10(3) of the ULC Act, the surplus land would be deemed to have been acquired by the State Government and the same shall vest absolutely in the State Government free from all encumbrances. On 21.02.1981, the application for exemption was filed under Section 20 of the ULC Act by GPA holder of declarants and Chanakyapuri Cooperative Housing Society which was rejected by the State Government. By notice dated 26.02.1981 issued under Section 10(5) of the ULC Act, the Competent Authority asked the declarants to vacate and deliver possession of the land. Application for release of land admeasuring 99.17 acres declared as excess land under the Land Reforms Act was rejected by the Land Reforms Tribunal by order dated 19.04.1982. Against the said rejection, an appeal was filed in 1983 before the Land Reforms Tribunal being L.R.A. No. 6 of 1983. By order dated 22.09.1984, the Land Reforms Appellate Tribunal allowed L.R.A. No. 6 of 1983 and remanded to the Land Reforms Tribunal for fresh disposal. On remand, application for release of land admeasuring 99.17 acres declared as excess land under the Land Reforms Act was allowed on 10.11.1987 by the Land Reforms Tribunal. It is brought to our notice that possession of said extent of land delivered to the declarants on 25.04.1990 was through their GPA under Panchnama. On 19.07.1993, notification was issued under Section 10(6) of the ULC Act directing that possession be taken over all lands declared to be surplus  under the ULC Act. In fact, possession of surplus lands was taken over on 20.07.1993. Those lands were allotted to Respondent No.4 (APIIC) on 13.02.2006 and physical possession was handed over to APIIC on 14.02.2006. The above factual details with clear-cut materials cannot be assailed. All those dates and events are available in the various documents filed by all the parties. Those particulars also show that only when possession of the said 99.17 acres of land was returned to the owners in 1990, then the owners for the first time sought to take the plea that the declaration made by them under the ULC Act was a mistake and hence proceedings under the ULC Act were void. As rightly pointed out, the owners having taken part, all the declarations filed by them under Section 6 of the ULC Act to recover lands admeasuring 99.17 acres surrendered under the provisions of the Land Reforms Act. Either the appellants or anybody claiming through them are estopped from assailing the legality or validity of the declaration made by the owners under Section 6 of the ULC Act on the principle that a person cannot aprobate and reprobate in respect of the same transaction.

23) It is clear that once leave was granted by this Court in the special leave petitions filed against the Division Bench of the High Court in the earlier round of litigation and the consequent civil appeals arising therefrom filed by the State Government is allowed by this Court, the judgment of the Division Bench lost its identity and merged with the judgment of this Court. The said judgment of the Division Bench of the High Court, therefore, cannot be relied upon for any purpose whatsoever. Even on merits, it is relevant to point out that the arguments of the appellants that the lands in issue became amenable to the ULC Act only upon  extension of Master Plan thereto on 23.06.1980 and that the declaration made prior to such date is non est is not acceptable and sustainable. As a matter of fact, the stand of the State Government has through out been that the lands in issue were not agricultural lands but were vacant lands under the ULC Act even in 1976 when the declaration was made by the owners under Section 6 of the ULC Act, hence the declaration and all action taken consequent thereto are valid in law. This position or stand of the State Government is clear and reiterated in its writ appeal filed by way of counter affidavit before the Division Bench of the High Court and before this Court in the present proceedings. It was brought to our notice that the appellants conceded before the High Court that the lands in issue were part of urban agglomeration even when the declaration under Section 6 of the ULC Act was enforced. In addition to the same, it was also brought to our notice that by an agreement dated 09.08.1974, the lands in issue were sold by the owners to a society,  namely, Chanakyapuri Cooperative Housing Society which got a layout plan sanctioned on 20.10.1975 by Raidurg Gram Panchayat for construction of houses on the said lands. These materials clearly show that the lands were not agricultural lands even prior to declaration filed under Section 6 of the ULC Act by the owners in 1976. Any land not being agricultural land and falling within an urban agglomeration, constitutes vacant land as defined in Section 2(q) of the ULC Act. The lands in issue, therefore, constitute vacant land on the date of filing of declaration under Section 6 of the ULC Act by the owners in 1976. As per Section 6 of the ULC Act, declaration was required to be filed in respect of vacant land, such declaration was correctly filed by the owners hence, subsequent extension of master plan to the lands in issue on 23.06.1980 has no relevance to the validity of the declaration made in 1976 or to the proceedings initiated under the ULC Act pursuant to such declaration. It is not in dispute that the proceedings under the ULC Act were not challenged by the  owners at any stage as provided by the statute. The notification under Section 10(3) of the ULC Act stating that the surplus land would be deemed to have been acquired by the State Government and the same shall vest absolutely in the State Government free from all encumbrances was issued even as early as on 24.01.1981 which was allowed to become final in the absence of any appeal being filed against such notification as provided by the statute. Once vesting takes place under Section 10(3) of the Ceiling Act, the State has absolute title and ownership over it. The owner has no further say in respect of the land that has vested in the State. This position has been explained by us in Smt. Sulochana Chandrakant Galande vs. Pune Municipal Transport & Ors., 2010 (7) Scale 571 as under: