AP High Court says land grant to Congress is illegal

By S A Ishaqui

Hyderabad, Dec. 17: The AP High Court on Friday struck down an order issued by the state government directing the AP Housing Board to alienate land to the AP Congress Committee to construct its party office at Bhimraobada besides Gandhibhavan in Hyderabad.

A division bench comprising the Chief Justice Anil R. Dave and the Justice Ramesh Ranganathan declared the direction of the government as illegal. The bench set side the GO and the subsequent sale deed.

The government had issued GO Ms No 76 on November 25, 2005, directing the AP Housing Board to alienate the land in favour of the Indian National Congress. Subsequently, the sale deed was executed. An NGO, Campaign for Housing and Tenural Rights (CHATRI), through its org-aniser, Mr Jeevan Kumar, filed a public interest litigation challenging the action of the state government.

The petitioner contended that the GO was in violation of the AP Housing Board Act.

He said that the board was formed for the purpose of providing housing acco-mmodation. He argued that area, which was notified as a slum and meant for housing scheme, could not be alienated in favour of a political party at low rate.

The bench said in its 46-page judgement that “the action of the government is contrary to Section 45 and 79(1) of the Act. When a public body exceeds or abuses power vested in it, the court interferes to correct the infraction and it is in larger public interest to set aside it.”

The Justice, Mr Ramesh Ranaganathan, said that the government had no power to direct the housing board to alienate land, it can be given only for the purpose of the Act. The court rejected the contention of the respondents that there was delay in filing writ petition and the petitioner’s action was suspicious.