AP wins rights over Rs 1K-cr land at Gachibowli

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.

Supreme Court gives nod for local polls

Hyderabad, Feb 19: The Supreme Court on Monday gave the go-ahead to the state government and the State Election Commission to conduct elections to the Panchayat Raj local bodies according to the existing quotas of reservation for OBCs, SCs and STs.

The state government had reserved 34 per cent seats for Backward Classes, 18.3 per cent for Scheduled Castes and 8.5 per cent for Scheduled Tribes in the elections to the PR bodies in 1994 and 2006. The quota in all added up to 60.8 per cent.

However, on September 4, 2012, the AP High Court had scrapped the reservations, holding that reservations for BCs, SCs and STs in Panchayat Raj local bodies should not exceed the upper ceiling of 50 per cent (quantitative limitation).

The High Court had directed that for the present elections, the state should lower the BC quota so that the total reservation comes down to 50 per cent. It also directed the State Election Commission to start the election process immediately and complete the polls within three months from the date of finalisation of the reservation percentage by the state government.

Following this, the state government moved a Special Leave Petition before the apex court.

On Monday, a two-member Bench comprising Supreme Court Justices P. Sathasivam and Jagadish Singh Khehar heard both the parties and granted an interim direction to go ahead with the elections as per the existing system.

The Bench stayed the directions of the High Court regarding not exceeding the upper ceiling of 50 per cent as all parties in the petition had agreed that the elections may proceed as per the existing system.

The term of urban local bodies ended in September 2010 and that of Panchayati Raj institutions in July 2011. Since then they have been under the rule of special officers in the absence of elected councils. Since the polls had not been held, the Centre had stopped release of statutory grants to the tune of Rs 1,500 crore.

PAGES

Tags: 

CBI: Andhra Pradesh is slow on Jagan’s probe

By S A Ishaqui

Hyderabad,Jan 23: The CBI on Tuesday accused the state government of not cooperating with the investigation into the illegal investments case of YSR Congress chief Y.S. Jagan Mohan Reddy.

 

Senior counsel of Supreme Court Ashok Bhan, appearing for the CBI before Justice B. Seshasayana Reddy of the AP High Court, said, “We will not hesitate to say that the state government is not supporting the probe.”

 

He said that in one month the state government had been reminded 15 times for information, but there had been lukewarm response. 

 

Bhan also said that the CBI had never given a time frame to the Supreme Court regarding completing investigation into the case. He added that economic offences were never committed in a fit of rage; there was always a deep-rooted plan and conspiracy behind every economic offence and to probe the same a lot of time would be needed. It was thus premature for the petitioner to apply for bail when the probe was still pending.

 

CBI delaying probe: Jagan’s lawyer

 

Referring to allegations that the CBI was biased, Senior counsel of Supreme Court Ashok Bhan, appearing for the CBI, said, “If we are biased we could have been asked for the arrest of the petitioner in each of the cases registered against him.”

 

S. Niranjan Reddy, counsel for the Kadapa MP, meanwhile, argued that the CBI intended to further delay the probe by showing the “government’s non-cooperation” as a pretext. He said that the CBI had been giving misinterpretations of the apex court’s October 2012 order in Mr Jagan Mohan Reddy’s case.

 

He said that the Supreme Court had stated that the CBI would file the final charge sheet in the case as early as possible but not beyond 90 days and pointed out that the CBI had even given an undertaking that it would file the charge sheet in three months, but had failed to do so.

 

“How long would his client be kept in custody when the maximum punishment for the charges framed against him was seven years,” Mr Reddy asked.

 

The judge said that he would pronounce orders on Thursday on the maintainability of the plea.

Civic body need not repay Rs 473cr

By S A Ishaqui

Hyderabad,Dec 28: The AP High Court on Thursday granted a big relief to the Hyderabad Metropolitan Development Authority, relieving it of the need to refund Rs 473 crore to the bidders of the Golden Mile Project.

The HMDA had auctioned 70 acres in Kokapet village in July 2006.The auction fetched Rs 703 crore, including a bid of Rs 14.5 crore per acre for a five-acre plot. The bidders paid `435 crore upfront. Many reputed names were involved in the bidding. But, when there was a delay in handing over the property to them, the bidders approached the court, contending that they were not informed that there were writs pending with regard to the land.

K.S.B. Ali and others, who claim to be legal heirs of Nawab Nusrat Jung-I, have been fighting for the land for several years and had filed the writs.

A single judge bench directed HMDA in April 2010 to refund the deposits to the petitioners within three months. If it fails to repay, it will have to pay nine per cent interest per annum from the date of deposit till the date of payment.

HMDA went into appeal. Advocate-General A. Sudarshan Reddy contended that the writ petitions were filed at a subsequent stage and this information was passed on to the petitioners at the time of the auction.

The petitioners participated in the auction, being fully aware of the pending litigation, and they are deemed to have waived the objections, in this regard.
A division bench comprising Chief Justice P.C. Ghose and Justice Vilas V. Afzulpurkar allowed the writ appeal of HMDA, holding that the writ petitions are not maintainable.

Jagan case: Directive to CBI

By S A Ishaqui

Hyderabad, Dec 20: The Andhra Pradesh High Court on Wednesday directed the CBI to place the police custody and remand reports regarding the arrest of Y.S. Jagan Mohan Reddy before it on Thursday.

Justice B. Seshasayana Reddy was hearing Reddy’s statutory bail application, while Additional Solicitor General Haren P. Raval was representing the CBI.

The judge said that he will give his decision on Thursday.

The CBI counsel faced a tough time as the judge posed several questions to him regarding the arrest of the Kadapa MP and YSRC chief, the prime accused in an illegal investments case.

The judge asked the CBI whether the accused was arrested only regarding the Vanpic case or in connection with all the other cases registered against him.

CBI counsel Raval said that the arrest was in the Vanpic case alone and not in the seven other cases, and that there was no question of bail on those issues.

The judge asked whether the CBI had assured the SC that it would complete the investigation in three months and that it be over by Januray second week.

The CBI counsel replied that Mohan Parasaran, another solicitor-general, appeared at the Supreme Court to argue on the bail petition of Jagan. He submitted before SC that the CBI is investigating expeditiously and assured that the probe will be completed without delay. Parasaran had also said that that a final chargesheet will be filed after completion of the investigation.

Based on Parasaran’s submission, the Supreme Court said that it was not inclined to interfere in the matter at this stage and accordingly dismissed the bail plea of Jagan on October 5, Raval added. Then the judge enquired whether the accused had filed the SLP before completion of 90 days of arrest and directed the CBI and the counsel for Jagan to file affidavits on the issue.

The judge also asked the CBI to place before the court the counter affidavits filed before the Supreme Court.

Raval urged the court not to grant bail to the accused as the investigation is at a very crucial stage and the petitioner, being politically and economically influential, would impede the probe.