Hyderabad, Feb 26: The state government on Monday succeeded in recovering 137 acres of land worth more than Rs 1,000 crore from parties who claimed to be protected tenants of the land when it won a civil revision petition in the Andhra Pradesh High Court.The land situated in Gachibowli area.
A division bench, comprising Justice Goda Raghu Ram and Justice M.S. Ramachandra Rao, on Monday allowed a civil revision petition by holding that 137 acres on survey numbers 35, 35, 37, 40, 42 to 47 and 50 to 53 of Gachibowli village of Serilingampally mandal of Ranga Reddy district belonged to the government.
In 1976, the land had been surrendered by M/s Kastopa Corporation to the government as it was surplus land under the Land Ceiling Act. In 1979, the government had leased out 31.43 acres of 137.17 acres to one G.S. Raju of the Maharashi Institute of Creative Intelligence here for 30 years.
Following this, some persons had claimed to be protected tenants and this led to the litigation.
During the first round of litigation, about 72 acres of the total land had gone in favours of the tenants following which another 32 acres had followed suit. In the last round, when persons claiming to be protected tenants applied for the ownership of over 37 acres, the revenue authorities turned down their plea and they moved the High Court in 2003.
A single judge had granted an order in the favour of the tenants and the joint collector of Ranga Reddy district had preferred a revision before the Bench. When the matter was subsequently carried to the Apex Court by some aggrieved parties, it was remanded back to the High Court.
Tenants connived to take state land
The state government had filed the civil revision petition against the single judge order of 2003 for 137 acres of land situated in Gachibowli area, the ownership of which was applied for by persons claiming to be protected tenants.
However, the Bench, after going into the records submitted by the government, used its extraordinary jurisdiction and declared that the entire 137 acres belonged to the government.
The Bench apparently was of the prima facie opinion that some private parties, with active connivance of revenue officials, had been trying to take possession of the valuable government land.
The state government contended that once the Land Reforms Tribunal issued a final proceeding declaring a piece of land as surplus land, the land was vested with the state free from all encumbrances. In the present case the declarant had filed a statement in 1969 by declaring that 137 acres was surplus land.
After the declaration of the Land Reforms Tribunal, the proceedings had attained finality and there was no provision under the Land Ceiling Act to reopen the matter.
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