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SC grants special leave to AP on alienation of govt lands

Posted by on April 25, 2011 0 Comment

New Delhi: The Supreme Court on Monday granted Special Leave to the Andhra Pradesh government to appeal against the judgment of the Division Bench of the A.P. High Court on the issues relating to alienation of government land in favour of individual societies consisting of legislators, journalists, IAS, IPS, IRS, IFS officials and so on.

The Supreme Court also granted Special Leave to the societies to file the appeal against the judgment.

A two-Judge Bench of the Supreme Court consisting of Mr Justice D. K. Jain and Mr Justice Dutta heard the arguments of Mr S.S. Prasad, Senior Counsel, on behalf of AP, Mr Altaf Ahmed, Mr Rajeev Dutta, Mr P.P. Rao, Mr Mukul Rohtgi on behalf of the individual societies. The Supreme Court modified its earlier interim order and permitted the societies to develop the land subject to the final result of the case. The direction was issued to expedite hearing of the matter.

The Division Bench, while hearing the arguments of the Counsel for the Writ Petitioner in the High Court, put repeated questions to explain how he was interested in the Writ Petition. The Counsel was asked as to what was the avocation of the Writ Petitioner. Mr Justice D.K. Jain observed that in Public Interest Writ Petition, the Writ Petitioner’s job was over by bringing it to the notice of the Court the issue of public importance, thereafter it is for the Court and the respondents.

The Judge pointed out that he should not have any objection if the government land was developed by the societies and that they are conscious of the fact that the land was allotted in favor of Judges, MLAs, MPs, IAS, IRS, IPS, IFS officials and journalists and they are all burocrats of the government.

As a result of this clarification of the Supreme Court, it will be open for the societies to develop the land and await the further progress in the case. The development of the land include preparing the lay-out, getting it approved, laying pipelines, drainage lines, roads and other infrastructure. They can also identify the individual allottees with reference to the plot which he/she is going to get. However, the actual construction of any building by the individual members can only be done after obtaining necessary orders from the Supreme Court in that regard.

The concerned societies now will have to prepare the rough expenditure and investment that they are going to make for development of the land. With such information, when the Supreme Court reopens in July, appropriate applications should be filed for modification of the above orders of the Supreme Court and for hearing the matter expeditiously by getting a date fixed. (NSS)

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