Case Note & Summary
The Supreme Court disposed of Miscellaneous Applications arising from a long-standing land dispute concerning Survey No. 129/45/D in Jubilee Hills, Hyderabad. The original writ petitions challenged proceedings under the Urban Land (Ceiling and Regulation) Act, 1976, and an allotment of land to Andhra Prabha Publications. A learned Single Judge had directed a survey to determine if the allotted land corresponded to Survey No. 129/45/D, and if so, to set aside the allotment. The Division Bench set aside this order, but the Supreme Court restored the Single Judge's direction on 16.08.2017. Despite orders, the initial survey claimed no such land existed, leading to a review petition. The Court disposed of the review on 27.02.2019, rejecting the survey report and directing demarcation within eight weeks. A Compliance Report with a map was filed, locating the land as Plot No. 129/45/D (triangle ABC) and the allotted land as TS No. 19/P (rectangle PQRS). Objections were filed. The Court examined a 1962 sale deed and the Urban Land Ceiling order of 27.06.2000, which indicated that the land in TS No. 19/P matched the description of Survey No. 129/45/D and was privately owned. The Government's contention that the allotted land was Government land was rejected as inconsistent with earlier documents. The Court noted the authorities' reluctance to part with valuable land, as evidenced by conflicting stands and the initial false report. Exercising powers under Article 142, the Court rejected the second Compliance Report and declared that the land at Survey No. 19/P (marked PQRS) is actually Survey No. 129/45/D. Consequently, the allotment to Andhra Prabha Publications was set aside, and the land was directed to be delivered to the appellants within eight weeks. The Government was ordered to refund all amounts paid by Andhra Prabha Publications with 6% simple interest within twelve weeks.
Headnote
A) Constitutional Law - Article 142 - Exercise of Extraordinary Powers - Supreme Court invoked Article 142 to reject a Compliance Report and declare the correct identity of land, avoiding further litigation due to repeated reluctance of authorities to part with valuable land (Paras 6-8).
B) Property Law - Land Demarcation - Survey No. 129/45/D - The Court held that based on a 1962 sale deed and the Urban Land Ceiling order of 27.06.2000, the land in Survey No. 19/P (marked PQRS) is actually Survey No. 129/45/D, and the allotment to Andhra Prabha Publications must be set aside (Paras 4-7).
C) Urban Land Ceiling - Urban Land (Ceiling and Regulation) Act, 1976 - Surplus Vacant Land - The Court relied on the competent authority's order declaring part of the land as surplus, confirming it was privately owned and not Government land (Para 5).
Issue of Consideration
Whether the Compliance Report dated 02.07.2018 and subsequent map correctly demarcated Survey No. 129/45/D, and whether the allotment to Andhra Prabha Publications should be set aside.
Final Decision
The Supreme Court rejected the second Compliance Report, declared that the land at Survey No. 19/P (marked PQRS) is actually Survey No. 129/45/D, set aside the allotment to Andhra Prabha Publications, directed delivery of land to appellants within eight weeks, and ordered the Government to refund all amounts paid by Andhra Prabha with 6% simple interest within twelve weeks.
Law Points
- Article 142 of the Constitution of India
- Urban Land (Ceiling and Regulation) Act
- 1976
- Res Judicata
- Finality of Review Order
Case Details
2019 LawText (SC) (10) 43
Miscellaneous Application Nos. 910-924 of 2019 in Review Petition (Civil) Nos. 3793-3807 of 2018 in Civil Appeal Nos. 5442-5456 of 2015
Rohinton Fali Nariman, K.M. Joseph, V. Ramasubramanian
The Government of Andhra Pradesh & Ors.
Grace Sathyavathy Shashikant & Ors.
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Nature of Litigation
Miscellaneous applications in review petitions arising from civil appeals concerning land dispute under Urban Land (Ceiling and Regulation) Act, 1976.
Remedy Sought
The original petitioners sought to set aside the allotment of land to Andhra Prabha Publications and to obtain possession of Survey No. 129/45/D.
Filing Reason
Dispute over the identity and location of Survey No. 129/45/D, Jubilee Hills, Hyderabad, and the allotment of land to Andhra Prabha Publications.
Previous Decisions
Learned Single Judge directed survey and set aside allotment if land matched; Division Bench set aside Single Judge; Supreme Court restored Single Judge's order on 16.08.2017; Review petition disposed on 27.02.2019 rejecting initial survey report and directing demarcation.
Issues
Whether the Compliance Report and map correctly identified Survey No. 129/45/D.
Whether the allotment to Andhra Prabha Publications should be set aside.
Whether the Court should exercise Article 142 powers to avoid further litigation.
Submissions/Arguments
Government argued that the land allotted to Andhra Prabha is Government land and different from Survey No. 129/45/D.
Andhra Prabha argued that Survey No. 129/45/D is distinct from Survey No. 403 and that the land does not exist as per initial survey.
Appellants (original petitioners) contended that the land in TS No. 19/P matches Survey No. 129/45/D based on sale deed and Urban Land Ceiling order.
Ratio Decidendi
The Court held that based on the 1962 sale deed and the Urban Land Ceiling order of 27.06.2000, the land in TS No. 19/P is actually Survey No. 129/45/D, and the Government's contrary stand is inconsistent with earlier documents. Given the authorities' repeated reluctance to part with valuable land, the Court exercised Article 142 powers to finally resolve the dispute and avoid further litigation.
Judgment Excerpts
We are therefore of the view that, given the extraordinary facts of this case, we do not wish to drive the appellants to one more round of proceedings and, therefore, in exercise of our powers under Article 142 of the Constitution of India, reject the second Report that has been given to us and declare that the land which is at Survey No. 19/P and which is marked in the map of the second Survey Report as 'PQRS' is the land that is actually Survey No. 129/45/D.
This being the case, it is clear that the allotment made to Andhra Prabha publications must be set aside, and the land be delivered by Andhra Prabha Publications to the appellants within a period of eight weeks from today.
Procedural History
Writ petitions filed challenging Urban Land Ceiling proceedings and allotment to Andhra Prabha. Learned Single Judge directed survey and conditional setting aside of allotment. Division Bench set aside Single Judge's order. Supreme Court restored Single Judge's order on 16.08.2017. Initial survey claimed no such land exists. Review petition filed; disposed on 27.02.2019 rejecting survey report and directing demarcation. Compliance Report filed with map. Objections filed. Present miscellaneous applications disposed of.
Acts & Sections
- Urban Land (Ceiling and Regulation) Act, 1976:
- Constitution of India: Article 142
