భీమునిపట్నం కోపరేటివు బిల్డింగు సొసైటీకి అనుమతి మంజూరు
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.
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ORDER:
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 land of Ac.373.95 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:
“Delay condoned.
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
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