HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.16638 of 2006 DATE: 04.06.2014 Between:
Akbar Khan & another ... Petitioners And The Vice-Chairman, Hyderabad Urban Development Authority, Rasoolpura, Secunderabad & another … Respondents The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.16638 of 2006 ORDER:
Heard the learned counsel for the petitioners and the learned standing counsel for the respondents.
2. The respondents acquired patta lands under the Land Acquisition Act vide proceedings No.2/90 dated 07.07.1990 for an extent of 5768.43 sq. yards covering TS No.11/2, 17/1/B, 17/1/D, 17/2/A, Block No.1, Ward No.12, situated at Asifnagar village, Golconda Mandal, Hyderabad district. Later it was developed by the respondents by converting into plots and named the said area as ‘Asifnagar Residential complex’. They conducted auction of the said plots, wherein, the petitioners and another person have participated in the auction by purchasing token and became highest bidders for Plot No.10 having an extent of 523.37 sq. mts. The property was knocked down in favour of the petitioners at the rate of Rs.1,510/- per sq. mtr. Letter of allotment was issued on 09.11.2001 and the petitioners paid the total sale price of Rs.7,36,880/-. After receiving the said payment, the respondents have handed over the physical possession of the said plot to the petitioners after more than 2 years i.e., on 10.01.2002. Initially, possession of an extent of 488 sq. mts. was handed over. Even though, the petitioners made request for execution of the sale deed, no sale deed was executed and the respondents stated that the land in possession of the petitioners is more than the allotted area and the petitioners are in possession of an extra area of 35.37 sq. mtrs. The petitioners submitted a representation on 08.10.2004 requesting the respondents to intimate the excess area cost so as to enable them to get the plot registered in their favour at the earliest. The respondents issued impugned letter No.8624/ASNR/EMU/ H/96 dated 14.06.2006 informing that the cost of excess area measured as 42.30 sq. yards is at the rate of Rs.6,000/- per sq. yard as per the prevailing market value, which works out to Rs.2,53,800/- and the petitioners were asked to pay the said amount on or before 20.07.2006.
3. The case of the petitioners is that when the land was initially allotted, it was allotted on the basis of the square meters and for the excess area also it should have been in square meters only. It is also their case that original rate fixed at the time of allotment applies even for the extra land also. According to their calculation, the cost of excess land comes to 35.37 sq. mts x Rs.1,510/- = Rs.53,408.70, whereas they were asked to pay Rs.2,53,800/- and they are entitled for refund of Rs.2,00,391.30. Claiming the said amount, the present writ petition was filed.
4. The first respondent filed counter-affidavit stating that the respondent developed the residential layout in an area of 57,687.43 sq. yards covering TS Nos.11/2, 17/1/B, 17/1/D and 17/2/A, Block No.1, Ward No.12 situated at Asifnagar Village, Golkonda Mandal, Hyderabad, named as ‘Asifnagar Residential complex’. There were 96 plots and they were allotted to the general public through drawl of lots and also in open auction in different spells. All the plots were allotted for the residential use, except three plots, which are for commercial use. The petitioners have participated in the auction held on 03.08.1996 and purchased the Plot No.10 admeasuring 488.00 sq. mtrs. At the rate of Rs.1,510/- per sq. mtr and the total cost of the plot was Rs.7,36.880/-. The petitioners did not pay the initial amount as well as the balance amount within the stipulated time and accordingly their allotment was cancelled on 28.03.1998, but the sale price was paid on 20.08.2001 requesting the respondents to revoke the orders of cancellation and the orders were revoked on 03.11.2001 and final allotment letter was issued on 09.11.2001 for taking over the physical possession of the plot and accordingly, physical possession was handed over on 10.01.2002 for the area of 488.00 sq. mtrs. The cost of the extra land was fixed as per the basic value obtained from the office of the Sub-Registrar, Golkonda, Hyderabad district and informed to the petitioners to pay at Rs.6000/- per sq. yard. Though the area of land was calculated initially in the auction held on 03.08.1996 on the basis of the square meters, but from the year 2001 onwards, the HUDA is calculating the value in the form of square yards instead of square meters.
5. Now the only point for consideration is whether the respondents are entitled to collect the amount for the extra land on the basis of the market value and that too on the square yard basis?
6. Initially, the allotment was made for 488 sq. meters at the rate of Rs.1,510/- per square meter. After handing over possession of the said land, no sale deed was executed. It was noticed that the petitioners were in possession of the extra land and separate extra rate has been collected from the petitioners. Ultimately, a sale deed was executed on 22.06.2006 for the total extent of 523.37 sq. meters. The respondents have insisted for payment of the amount for the extra land and on the basis of the prevailing market rate by calculating it as on square yard basis. It is pertinent to note that no sale deed was executed by that time and the extra land was also included in the subsequent sale deed. It is in fitness of things that the respondents should have calculated the extra land on the basis of the original allotment. In fact, learned counsel for the petitioners brought to the notice of this Court about the proceedings No.8625/ASNR/EMU/H/96, dated 06.05.2006 of the respondents, wherein under similar circumstances in respect of Plot No.14, the excess amount collected was ordered to be refunded. The same treatment has not been meted out to the petitioners. In the circumstances, the present writ petition was filed.
7. The action of the respondents in treating the petitioners differently from the owner of Plot No.14 is highly arbitrary. The respondents, being public authorities should act fairly. There is no explanation in the counter why they wanted to treat the petitioners differently.
8. In the circumstances, the respondents are directed to refund the excess amount of Rs.2,00,391.30 collected from the petitioners in respect of Plot No.10 of Asifnagar Residential Complex, within a period of three months from the date of receipt of a copy of this order.
9. The writ petition is accordingly allowed. Pending miscellaneous petitions in this writ petition, if any, shall stand closed in consequence. No order as to costs.
A. RAMALINGESWARA RAO, J
Date: 04.06.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 8 WRIT PETITION No.16638 of 2006 Date: 04.06.2014 BSS