THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.91 of 2007
JUDGMENT: (per the Hon'ble the Chief Justice Alok Aradhe)
Mr. Parsa Ananth Nageswara Rao, learned Special
Government Pleader appears for the appellants.
Mr. S.V. Ramana, learned counsel representing
Mr. O. Manohar Reddy, learned Senior Counsel, appears for
respondent Nos.4 to 8.
2. This intra court appeal has been filed against an order dated 23.11.2006 passed by the learned Single Judge in Writ Petition No.10215 of 2005.
3. The facts giving rise for filing of this appeal briefly stated are that the land belonging to respondent No.1 (writ petitioner) measuring 914 square yards situated at Sangam, Langar House, Gudimalkapur, Golconda Mandal, Hyderabad, was required for construction of Bapu Ghat. A notification under Section 4(1) of the Land Acquisition Act, 1894 (briefly CJ & NVSK, J 2 W.A.No.91 of 2007 'the Act' hereinafter) was issued on 14.11.1996 for acquisition of land admeasuring 6766 square meters. Thereafter, declaration under Section 6 of the Act was issued on 09.12.1997.
Respondent No.1 filed a writ petition viz., W.P.No.751 of 1998 challenging the notification issued under Section 4(1) of the Act and declaration issued under Section 6 of the Act. In the said Writ Petition, an interim order was granted on 12.01.1998, which was made absolute on 09.11.1999.
During pendency of the said Writ Petition, respondent No.1 made an application seeking allotment of an alternative land.
On 01.02.2000, an award was passed. Since there was a dispute with regard to title in respect of the land in question, the dispute was referred under Section 30 of the Act vide LAOP.No.20 of 2000 for adjudication before the civil Court.
CJ & NVSK, J 3 W.A.No.91 of 2007 Respondent No.1 filed a writ petition viz., W.P.No.10215 of 2005 questioning the memo dated 25.01.2023 issued by the Special Deputy Collector, Land Acquisition, by which the claim of respondent No.1 for allotment of alternative land was rejected. The said Writ Petition was dismissed vide order dated 01.02.2006 against which respondent No.1 filed a writ appeal viz., W.A.No.172 of 2006. A Division Bench of this Court remitted the matter for reconsideration. The learned Single Judge, thereupon, by an order dated 23.11.2006, has allowed W.P.No.10215 of 2005 and has directed the appellants to allot an alternative land to respondent No.1 subject to adjudication of the dispute pertaining to title, which was pending before the reference Court. Hence, the appellants (respondents in the writ petition) have filed the present appeal. During pendency of the present appeal, respondent No.1 died and his legal representatives were brought on record vide order dated 01.02.2011 passed in W.A.M.P.No.76 of 2011.
CJ & NVSK, J 4 W.A.No.91 of 2007
4. Learned Special Government Pleader submitted that the Reference Court vide judgment dated 26.09.2018 passed in LAOP.No.20 of 2000 has adjudicated the title in respect of the land in question. It has been held that respondent No.1 has no title in respect of the land in question. It is also pointed out that the aforesaid judgment dated 26.09.2018 has attained finality.
5. On the other hand, learned counsel for respondent Nos.4 to 8 has invited the attention of this Court to para 5 of the affidavit filed today and it has been submitted that an application for substitution is pending before the Reference Court.
6. We have considered the rival submissions made on both sides.
7. Admittedly, the question of title as on today has been adjudicated against respondent No.1. The judgment dated 26.09.2018 passed by a Reference Court in LAOP.No.20 of 2000 operates against respondent No.1. In the aforesaid judgment, the Reference Court has held that respondent No.1 CJ & NVSK, J 5 W.A.No.91 of 2007 has no title in respect of the land in question. Therefore, the order dated 23.11.2006 passed by the learned Single Judge to allot alternative land to respondent No.1 cannot be sustained in the eye of law. It is accordingly set aside.
8. In the result, the appeal is allowed.
Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
___________________ ALOK ARADHE, CJ ________________________ N.V. SHRAVAN KUMAR, J th 11 SEPTEMBER, 2023.
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