THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
Writ Appeal No.466 of 2011
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Heard Mr. S.Surender Reddy, learned counsel for the
appellant- Warangal Municipal Corporation (briefly 'the
Corporation' hereinafter) and Mr. G.Ravi Mohan, learned Senior
Counsel for the respondent.
2. This intra court appeal is filed against the order
dated 03.06.2010, passed by a learned Single Judge, by which writ
petition viz., W.P.No.23530 of 2006, preferred by the respondent
has been allowed and the Corporation has been directed to
regularize the land in occupation of the respondent on payment of
Rs.3,000/- per square yard within a period of four weeks.
3. Facts
giving rise to filing of this appeal briefly stated are that some time in the year 1959-1960, the respondent was allotted a plot admeasuring 200 square yards in Balasamudram area of Hanmakonda Town. However, the respondent occupied extra 450 square yards of land. A sale deed in favour of the respondent was ::2::
executed on 03.09.1986 in respect of the land admeasuring 200 square yards. Thereafter, sometime in the year 2002, an order was issued in favour of the respondent in respect of the land admeasuring 134 square yards. The municipal council, thereupon, passed a resolution on 31.05.2003 directing regularization of unauthorized occupation of the land on payment of Rs.2,000/- per square yard.
4. By the aforesaid resolution, the Commissioner of the Corporation was directed to take necessary steps. Thereupon, a memo dated 16.06.2006 was issued to the respondent stating that the excess land in occupation of the respondent shall be registered on payment of the present market value. The respondent, thereupon, asserted the market value from the Registrar's office, which, according to the respondent, was Rs.1,635/- per square yard.
5. The respondent thereupon deposited a demand draft for a sum of Rs.5,42,820/- in respect of the market value of the land @ Rs.1,635/- per square yard. However, despite payment of the ::3::
aforesaid amount, the excess land in occupation of the respondent was not regularized. Thereupon, the respondent filed the aforesaid writ petition.
6. The learned Single Judge, by the order dated 03.06.2010, directed the Corporation to regularize the land in possession of the respondent @ Rs.3,000/- per square yard within a period of four weeks. In the aforesaid factual background, this appeal has been filed.
7. Learned counsel for the appellant- Corporation has submitted that a provisional resolution was passed on 31.05.2003 by the municipal council and was not acted upon. It is further submitted that the respondent is in unauthorised occupation of the land.
8. On the other hand, learned counsel for the respondent has supported the order passed by the learned Single Judge.
9. We have considered the rival submissions made on both sides and have perused the record.
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10. It is not in dispute that the respondent was in unauthorised occupation of some land. The municipal council has passed a resolution on 31.05.2003 directing regularization of unauthorised occupation on payment of market value of the land @ Rs.2,000/- per square yard. The resolution passed by the municipal council was neither challenged nor withdrawn. Therefore, the resolution passed by the municipal council binds the Corporation.
11. Learned Single Judge has noticed that the litigation with regard to regularization of occupation of the excess land in favour of the respondent is pending for several decades and therefore, with a view to give a quietus to the dispute, the respondent has been directed to pay the market value of the land @ Rs.3,000/- per square yard.
12. It is pertinent to note that in compliance of the order dated 03.06.2010, passed by the learned Single Judge, the respondent has paid the amount on 21.06.2010. The aforesaid ::5::
amount has also been accepted by the Corporation and has not been refunded to the respondent.
13. Therefore, in the peculiar facts of the case, no case for interference with the order dated 03.06.2010, passed by the learned Single Judge in W.P.No.23530 of 2006, is made out.
14. In the result, Writ Appeal fails and the same is, hereby, dismissed. No costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
__________________ ALOK ARADHE, CJ _______________________ N.V.SHRAVAN KUMAR, J Date: 20.10.2023 LUR 1