By S A Ishaqui
Hyderabad, Nov. 22: The Andhra Pradesh High Court held that the state government should not take back unutilised land from a allottee without following the law. Justice N.V. Ramana, in a recent judgment, found fault with the revenue department which took back 10 acres of land from Industrial Development Bank of India Limited at Gachibowli.
While allowing the petition filed by the IDBI challenging the proceedings of the local tehsildar to take back the land, the judge observed that "since the order, though preceded with a notice, which in fact, is in the nature of a final order, did not give any opportunity to the petitioner to submit its explanation and sought to take away the rights of the petitioner over the land."
The judge further said the order cannot be sustained. "It is not only illegal and arbitrary, but in its issuance, principles of natural justice are glaringly violated," he added.
According to the petitioner, the government allotted 50 acres to IDBI to establish Jawaharlal Nehru Institute of Development Banking, known as JN IDBI Staff College at Gachibowli in 1982. It developed a training college, staff quarters and other infrastructure facilities on 30 acres and it planned to make use of the unutilised land. It said that it appointed the Central Public Works Department to undertake a project management consultancy relating to the proposed expansion of infrastructure facilities of the apex level unit.
The IDBI entered into a Memorandum of Understanding on January 22, 2008 with CPWD and also deposited Rs 50 lakh. The petitioner told the court that it was surprised to receive a notice on December 10, 2007 advising them to hand over 10 acres of vacant land as it was required for public purpose.
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