LANDS – Visakhapatnam District - Nerellavalasa (V), Bheemunipatnam (M) – Allotment of Government land admeasuring Ac. 373.95 cents in Sy. No.118 (old Sy. No.49/1) at Nerellavalasa (V), Bheemunipatnam (M), Visakhapatnam District in favour of Bheemunipatnam Cooperative Building Society Limited, Bheemunipatnam on payment of Rs.98,000/- per acre for allotment of house-site to its Members and also to set apart certain extent for weaker-section housing – Orders – Issued.
The Bheemunipatnam Cooperative Building Society was registered on 25.9.1970 (Regd. No.B1435). The Society during July, 1970 had applied for allotment of Government land admeasuring Ac.400.00 in Sy. No. 49 of Nerellavalsa Village of Bheemunipatnam Taluq for house-site purposes to its Members.
2. The Society had opted for the northern portion of Sy. No. 49/1 carved out as RS No.118. Though it was thought to be an extent of Ac. 400 initially in RS No.118, available physical land after survey measured is Ac. 373.95 cents only. The District Collector – Visakhapatnam in his Proceedings in Rc. No. 3620/82/A10, dated 21.10.1982 requested the Tahsildar – Bheemunipatnam to show the land to the Society to proceed with the development work, and put a condition that the Society
should complete the work of development in the land within 3 months from the date of orders. The Collector also held that the above permission is subject to the fixation of market value by the Government and the Society may pay @ Rs.1,000/- per acre immediately and any difference may be paid later. The Society in its Letter dated 20.6.1984 informed the Collector that the Society had remitted Rs.3.74 lakh vide Challan No.200, dated 8.6.1984.
3. Subsequently, the District Collector vide Letter Rc. No.5440/91/A10, dated 8.6.1991 issued a Show Cause Notice to the Society, since the Society could not complete the development of land within the time limit and even after a decade. Aggrieved to the Show Cause Notice, the Society filed a W.P. No. 1147/92 and obtained statusquo orders. While the stay orders are in operation, the Society filed another W.P. No. 4262/92 with a prayer to direct the Collector-Visakhapatnam for assigning the land within a period to be specified by the Hon’ble High Court.
4. The Hon’ble High Court in its Order dated 7.4.1993 in W.P. No. 1147/92 observed that it is a fit case where the Government should assign the land with such terms and conditions that are necessary in consultation with the Society. It is also observed that the respondents are barred by the doctrine of promissory Estoppel to complete the assignment within 6 months to avoid hardship to the members of the Society.
5. In pursuance of the Hon’ble High Court Order dated 7.4.1993, Government in their Memo. No. 32383/Assn.I (2)/92-10, dated 6.3.1995 stating that the value of the land is tentatively proposed at Rs.4,000/- per acre. Further, the Collector was asked to obtain and furnish the consent of the Society for payment of the balance of Rs.11,21,800/- with simple interest at 15% from 1980.
6. Later on, Government in Memo. No. 32383/Assn.I(2)/92-17, dated 04.02.1996 have informed the District Collector as follows.
(a) 75 Acres, out of land placed at the disposal of the Society shall be set apart for allotment to poor people free of market value at the rate of not more than 75 Square Yards each;
(b) The balance land may be alienated to the Bheemunipatnam Co-operative Building Society Visakhapatnam on payment of present market value to be fixed;
(c) The present market value may be determined on the basis of price fetched by auctioning one of the plots after due publicity;
(d) The Society shall allot a plot to only one member in a family.
(e) Each Member shall be allotted not more than 500 Square Yards.
7. In the said Memo the District Collector was also requested to send necessary detailed proposals in pursuance to the above decision urgently for issue of final orders in the matter.
8. Whereas, the Bheemunipatnam Co-operative Building Society filed a W.P. No. 17038/1996 for implementation of the orders issued in Government Memo. No. 32383/Assn.I(3)/92-10, dated 6.3.1995.
9. The Hon’ble High Court disposed of the W.P. No. 17038/1996 vide order dated 6.12.2001 with the following directions.
(a) The Respondents shall issue notice to the Petitioner Society for payment of balance of Rs.11,22,800/- together with simple interest @ 15% per annum as contained in Memo. Dated 6.3.1995 within a period of three weeks from the date of receipt of a copy of this order. On receipt of such notice, Petitioner-Society shall deposit the same within a period of six weeks thereafter;
(b) The Government shall also fix the final market value as directed above prevailing as o 28.6.1980 and intimate the same to the Petitioner-Society within a period of six weeks thereafter and on such intimation, the Petitioner-Society shall deposit the same within a period of six weeks thereafter;
(c) On deposit of the sum by the Society as directed above, the respondents shall assign the
cents in Sy. No. 118 ( old Sy. No. 49/1) situated at Nerellevalasa land of Ac.373.95 , Visakhapatnam
District in favour of the Petitioner-Society; village of Bheemunipatnam Mandal
(d) In case the proposals to acquire the land for Naval Armament Depot are finalized, the same could be proceeded with in accordance with the provisions of Land Acquisition Act subject to the right of the Society. It is also open for the Government to offer alternative land to the Petitioner-Society in the event of acquisition by Government subject to acceptance by the Petitioner-Society.
10. Aggrieved by the Judgment dated 6.12.2001 in W.P. No. 17038/1996, Government filed W.A. No. 423/2002 and the Hon’ble High Court disposed of the W.A. in its Order dated 17.9.2004 ordered as indicated hereunder.
“In our considered opinion, nothing comes in the way of the Government to take such decision in public interest, which has to prevail over private interest.
For all aforesaid reasons, we find no error to have been committed by the Government in issuing the impugned proceedings 06.03.1995 resulting in consequential proceedings, dated 12.07.1996 on the file of the Mandal Revenue Officer. We find no merit in the Writ Petition. The order under appeal is accordingly set aside.
We further made it clear that it shall be open to the Government to make the land in question available to Head Quarters, Eastern Naval Command, Naval Base, Visakhapatnam, for its purpose in which event the Government may return the amounts already deposited by the Society into the State Treasury together with actual amount, if any, spent for leveling of the land subject to production of actual audited accounts for which purposes the society shall made an application to the State Government to be disposed of within a period of two months from the date of filing of such application”
11. In terms of the above Judgment dated 17.9.2004 in W.A. No. 423/2002, Government in Memo. No. 32383/Assn.I(2)/1992-55, dated 11.1.2005 instructions were issued to the District Collector, Visakhapatnam to send regular alienation proposals in favour of Indian Navy, if they are still interested.
12. As the matter stood thus, Bheemunipatnam Co-operative Building Society Limited has filed an S.L.P. No. 22345/2004 in the Supreme Court of India against the Judgment of High Court in W.A. No. 423, dated 17.9.2004 and it was numbered as Civil Appeal No. 5095/2005. In this regard, Government have observed that mere pendency of SLP in the Hon’ble Supreme Court is not a bar for taking further action in the matter. However, it was felt that it would be await the outcome of the SLP pending before the Hon’ble Apex Court and decided to expedite action for disposal of SLP.
13. Whereas, pending finalization of alienation proposals, the land under reference was handed over to A.P.I.I.C Visakhapatnam on 8.11.2004. In turn the APIIC has delivered the possession of the said land to the A.P. Housing Board on 30.03.2007, who have paid the value of Rs.295.00 crore to APIIC by Bankers Cheque No. 723688 dated 30.3.2007, as such the land is vested with the Housing Board.
14. Whereas, the Hon’ble Supreme Court of India has passed the following order on 26-2-2009 in Civil Appeal No. 5095 of 2005.
“It is stated on behalf of the appellant that the appellant is a Cooperative Society formed by retired government officials and persons belonging to middle class with more than 5200 members, with the intention of having housing plots for themselves by securing government land on the outskirts of Bheemunipatnam and residential plots for themselves.
It is stated that the land in question is of an extent of 373 acres in Survey No. 118 ( Old No. 49/1) in Nerellavalasa Village; and that ever since 1979 they have been corresponding with the government and on more than one occasion, the State Government had tentatively offered the land to them, at a price of Rs.1,000/- per acre and later at a price of Rs.4,000/- per acre. They further allege that the government made an order dated 4.2.1996 ( communicated on 12.7.1996) in regard to the said land, directing that 75 acres of the land should be set apart for allotment to the poor and the balance land may be transferred to the appellant society at the then prevailing market value to be determined on the basis of price fetched by auctioning one of the plots after due publicity.
The appellant challenged the said decision. The writ petition filed by the appellant challenging the said decision was disposed of by the learned single Judge holding that the appellant will be entitled to the land in question on payment of price at Rs.4,000/- per acre with interest at 15% per annum and with some consequential relief. That was challenged by the State Government in Writ Appeal. The Writ Appeal was allowed by the impugned judgment dated 17.9.2004 upholding the government decision dated 12.7.1996 with a further observations that it was also open to the government to make available the land to the Eastern Naval Command for its purpose. The SLP was filed in 2004 and the appeal has been pending from 2005.
The learned counsel for the appellant stated that its members have been waiting for more than three decades for allotment of plots, that having regard to the long pending litigation and the factual background, to avoid any further delay, without prejudice, the appellant is willing to accept the conditions stipulated in the government order dated 4.2.1996 (communicated as per letter dated 12.7.1996). He, however, stated that it will not be possible to ascertain the price prevailing in 1996 by the method stipulated in the impugned order at this stage and therefore the government may adopt any other reasonable method for determining the market price prevailing in 1996 preferably, with reference to the guideline value in the Basic Evaluation Registration kept by the Registration Department.
It is submitted by the impleading respondent No.4 ( A.P. Industries Infrastructure Corporation Ltd.) that the State government has delivered the land in question to them on 8.11.2004 and that the said Corporation in turn has handed over the land to Housing Board on 30.02.2004.
The appellant, however, disputes this claim stating that it is in possession of the land and they have spent more than one crore for development and this fact has also been noticed by the Division Bench in its Order as it observed that the amount spent by the appellant for leveling the land should be reimbursed.
In this background, learned counsel for the State of Andhra Pradesh sught two weeks’ time to secure instructions to find a suitable solution to this long pending dispute.
Adjourned by two weeks.”
15. Whereas, the Hon’ble Supreme Court of India in its Order dated 22.10.2009 in Civil Appeal No. 5095 / 2005 has observed that –
“.. in view of the fact that the terms and conditions stipulated in the Government order
dated 4th of February, 1996 have been accepted by the appellant before us and the respondent, through their learned counsel, have also not raised any objection on the valuation already indicated in the report submitted by the appellant, we dispose of this appeal by directing the State / Respondents to allot the land in question after determining the valuation of land in question on the basis of such valuation report and on payment / deposit of such amount by the appellants to the respondents, the respondents shall allot the land in question within three months from the date of deposit of the said amount with the State/respondents”
16. In a meeting on 6.2.2010 keeping in view the Apex Court Orders dated 22.10.2009, it was decided to file a Review on the directions of the Hon’ble Supreme Court of India in Civil Appeal No. 5095/2005 and accordingly, the case was entrusted to a eminent Senior Counsel to defend the interests of the Government.
17. In this regard, Government filed a Review Petition No.1285/2010 in Civil Appeal No.5095/2005 against the Judgment dated 22.10.2009 in Civil Appeal No. 5095 / 2005. Hon’ble Supreme Court of India after issuing Notices to the Society heard the Review Petition No.1285 and dismissed the same. The order dated 9.12.2010 read as under:
Having considered the averments made in the review petition, the material placed on record and the submissions made by the Learned Counsel for the parties, we are satisfied that there is no valid and sufficient ground for review of the order dated 22.10.2009 passed in Civil Appeal No. 5095/2005. Hence, the review petition is dismissed”
18. Whereas, Government have observed that the review petition was dismissed on the ground that the orders sought to be reviewed was a consent order and it was not brought to the notice of the Court that the land had already been resumed. Further, no instruction was given by the Department in writing and the House Society was informed about the resumption of the land.
19. It is also observed that the Supreme Court in Remdeo Chauhan Vs. Ranikant Das ( 2011(1) SCJ 691) held that second review petition is maintainable when the error is apparent on the face of the record. It is therefore permissible to file a review petition second time. Hence, it was decided to explore the possibility for filing review petition before the SCI again in consultation with the A-o-R, New Delhi.
20. Whereas, the Bheemunipatnam Co-operative Building Society in its Letter dated 12.7.2011 have requested the Government to direct the concerned to issue orders at least by 02.08.2011 in their favour, otherwise, they will have no option to file the Contempt of Court Petition in the Hon’ble Supreme Court of India.
21. Later on the Bheemunipatnam Cooperative Building Society Limited filed a Contempt Petition (Civil) No. 9 of 2012 for initiating Proceedings for Contempt of the Hon’ble Apex Court against the Government for disobedience and non-compliance of the Order of Apex Court dated 22.10.2009 passed in the Civil Appeal No. 5095 of 2005 (Bheemunipatnam Co-operative Building Society Versus State A.P. and others). The Hon’ble Apex Court in its Order dated 03.02.2012 directed that the Contemnors shall attend the Court in person or through Advocate-on-Record on the 12th Day of March, 2012 and shall continue to attend the Court on all days thereafter to which the case against the contemnor stands adjourned and until final orders are passed on the charge against the contemnor. The Advocate-on-Record has accepted the notices on behalf of Government Officers. The Hon’ble Apex Court has given four weeks time for filing of Counter Affidavit in the Contempt Petition No. 9 of 2012.
22. Whereas, it was decided to file a Second Review Petition (Curative Petition) and for filing of Curative Petition, and approached the Solicitor General ( Sri R.F.Nariman) appraised the facts and attended the Apex Court on 09.07.2012 as the case stands posted for hearing on that date.
23. The District Collector vide Letter No. 5448/91/E1/ dt. 8.7.2012 furnished the particulars of valuation of land in Nerellavalasa Village. As per basic vale register in February, 1996 , the value per acre is Rs.98,000/- and total value comes to Rs.3,66,47,100/- ( Rupees three crore sixty six lakh forty seven thousand one hundred) only for to the total extent of Ac.373.95 cents.
24. The Order dated 09.07.2012 in Contempt Petition (C) No. 9 of 2012 in Civil Appeal No.5095/2005 of the Hon’ble Apex Court is indicated hereunder.
“Mr. R.F.Nariman, learned Solicitor General appearing for the respondents submit that, in the event, the petitioner herein pay an additional sum of Rs.68,73,100/- then the respondents will have no objection in passing the appropriate orders allotting the land in question to the petitioner.
Mr. K.K.Venugopal, learned senior Counsel for the petitioner submits that this proposal is acceptable to the petitioner and payment shall be made within two weeks from today.
In view of the submission made by the learned counsel for the parties, the contempt petition is disposed of in the above terms. The order allotting the land shall be passed by the concerned authority within one week after the payment is made as aforestated.”
25. In this regard, it is mentioned that during the course of pendency of the case, the Bheemunipatnam Cooperative House Building Society deposited a sum of Rs.3,74,000/- ( Rupees Three lakh seventy four thousand) on 08.06.1984 and an amount of Rs.2,94,00,000/- ( Rupees two crore ninety four thousand) on 7.1.2010 through Government challan. [Rs.3,74,000/- + Rs.2,94,00,000/- = Rs.2,97,74,000].
26. The value of land for an extent of 373.95 cents @ Rs.98,000/- comes to Rs.3,66,47,100/- ( Rupees three crore sixty six lakh forty seven thousand and one hundred). Out of the total amount of Rs.3,66,47,100/- the Society has already deposited a sum of Rs.2,97,74,000/-. The Society also deposited a sum of Rs. 68,73,100/- (Rupees sixty eight lakh seventy three thousand one hundred) [Rs.3,66,47,100/- (-) Rs.2,97,74,000/-] vide Challan No.2981 dated 12.7.2012 ( S.B.I- Bheemunipatnam) as per the order dated 9.7.2012 of Apex Court.
27. The Advocate-on-Record, Supreme Court of India, New Delhi in his Letter dated 19.7.2012 interalia informed that the Hon’ble Apex Court in its Order dated 9.7.2012 in C.P. No.9/2012 in C.A.No.2095 of 2005 has ordered that the order allotting the land shall be passed by the concerned authority within one week after the payment is made. In compliance to the directions, the Society paid the amount on 12.7.2012 as per the order of the Apex Court and requested the Government to issue necessary orders. The Advocate-on-Record, Supreme Court of India, New Delhi in his further Letter dated 01.12.2012 has informed that the Petitioner-Society has filed Second Contempt Petition No. 411 of 2012 and requested to take immediate steps to allot the land in question prior of listing case i.e. 10.12.2012.
28. Government have examined the matter in the light of the facts and circumstances of the case, and also keeping in view the Orders of the Hon’ble Apex Court dated 09.07.2012 in Contempt Case (Civil) No.9 of 2012 in Civil Appeal No.5095/2005 in S.L.P. No.22345/2004 filed by Bheemunipatnam Cooperative Building Society Limited, Bheemunipatnam hereby accord permission for allotment of Government land admeasuring Ac. 373.95 cents in Sy. No.118 (old Sy. No.49/1) at Nerellavalasa (V), Bheemunipatnam (M), Visakhapatnam District in favour of Bheemunipatnam Cooperative Building Society Limited, Bheemunipatnam on payment of Rs.98,000/- (Rupees ninety eight thousand) only per acre for allotment of house-site to its Members. The above allotment of Government land is subject to adhering the following conditions.
CONDITIONS OF ALLOTMENT:
(1) 75 Acres, out of land placed at the disposal of the Society shall be set apart for allotment to poor people free of market value at the rate of not more than 75 Square Yards each;
(2) The Society shall allot a plot to only one member in a family.
(3) Each Member shall be allotted not more than 500 Square Yards.
(4) It shall be the responsibility of the Society to ensure that its member is seeking allotment of land for the first time. All the members shall have to file an affidavit stating that he / she has not received the benefit of concessional allotment from Government earlier nor he / she was a member of any society / group to which concessional allotment was made. He / She shall also give an undertaking that he / she not avail such facility in future.
(5) The Society shall complete the process of allotment of house sites within a period of six months from the date of alienation of the land;
(6) A beneficiary, who is allotted a house site shall have to complete the house within a period of two (2) years from the date of allotment of house site by the Society.
(7) In case of flats, the Society shall be responsible for completion of construction of flats within a period of two (2) years from the date of alienation of land by the Government. This may be done directly or through any other agency agreed upon by members.
(8) Any beneficiary, who is allotted a house site / flat, shall not have any right to sell the same for a period of fifteen (15) years.
(9) If the Society allots open spaces available in the layout or changes layout without approval from competent authority that approved the layout; the President, Secretary and other Office Bearers of the Society are liable for punitive action and changes made if any shall become null and void.
(10) The conditions stipulated in BSO-24 shall be applicable for the above allotment;
(11) Any other conditions as stipulated by the Special CS and CCLA and the District Collector – Visakhapatnam.
29. The Chief Commissioner of Land Administration, AP – Hyderabad and the District Collector – Visakhapatnam shall take necessary further action accordingly.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
ANIL CHANDRA PUNETHA
PRINCIPAL SECRETARY TO GOVERNMENT