3 weeks ago
Telangana High Court Summons Collector, Officials Over Malkajgiri Land Dispute
Some people in Malkajgiri, near Hyderabad, owned plots of land together through a cooperative housing society.
Years ago, officials approved their housing layout and gave them permission to build.
One day, without telling the owners first, officials came and broke the compound walls around the plots.
They put up fences and signboards saying the land belonged to the government.
The owners went to court because they were upset that they were not given a chance to explain.
The judge asked the district collector and local revenue officers to come to court with their records.
The officials said the land had become 'surplus' under an old law and belonged to the government.
But the judge found this strange, because the land was recorded as private property until 2014.
The officials also could not say exactly when the government took the land over.
So the judge will now look at all the papers and decide who really owns the land.
The Telangana High Court directed the Medchal-Malkajgiri collector and the Malkajgiri and Trimulgherry tahsildars to appear with records and explain their actions.
Justice N.V. Shravan Kumar issued the directions after revenue officials asked HYDRAA to take possession of and fence off land belonging to the Vani Cooperative Housing Society in Malkajgiri.
On July 18, HYDRAA demolished compound walls of the plots, fenced off the layout and erected signboards stating the land belonged to the government.
Plot owners challenged the action, saying it was taken without notice or a chance to submit contentions and despite subsisting High Court orders.
The court questioned why the land was recorded as private patta land until 2014 if ULC surplus proceedings took place in 1976, noting no date was furnished for government resumption of possession.
- Who
- Telangana High Court Justice N.V. Shravan Kumar; the Medchal-Malkajgiri district collector and the tahsildars of Malkajgiri and Trimulgherry mandals; members of the Vani Cooperative Housing Society; and HYDRAA.
- What
- The High Court ordered revenue officials to appear with records and explain why HYDRAA was asked to take possession of and fence off land of the Vani Cooperative Housing Society in Malkajgiri.
- Where
- Malkajgiri, Medchal-Malkajgiri district, Telangana, India.
- When
- HYDRAA's demolition and fencing took place on July 18; the High Court issued its directions afterwards.
- Why
- Revenue officials claimed the land was surplus government land under the Urban Land (Ceiling and Regulation) Act, while plot owners said it was private patta land protected by subsisting court orders.
Plot Owners / Vani Cooperative Housing Society
Revenue Officials and HYDRAA
Land ownership
Plot Owners / Vani Cooperative Housing Society
The land was private patta land with a layout approved by the Secunderabad Cantonment Board, and destroying compound walls and fencing it without notice was unjustified.
Revenue Officials and HYDRAA
The land was declared surplus under the Urban Land (Ceiling and Regulation) Act and taken over by the government; HYDRAA's fencing and signboards only protected government land from encroachment.
Demolition without notice
Plot Owners / Vani Cooperative Housing Society
Plot owners were not served notice or given a chance to present their contentions, and the action disregarded subsisting High Court orders restraining interference in the layout.
Revenue Officials and HYDRAA
HYDRAA says it acted only on the revenue department's request to protect government land, that fencing and signboards were protective measures, and that it did not encroach on private property.
ULC proceedings and revenue records
Plot Owners / Vani Cooperative Housing Society
The land was recorded as private patta land until 2014, and no date was given for government resumption of possession or issuance of notices, so the surplus claim is unproven.
Revenue Officials and HYDRAA
The land had been treated as surplus under the ULC Act, which is why the revenue department considered it government land and asked HYDRAA to protect it.
Key facts
- Court
- Telangana High Court
- Presiding Judge
- Justice N.V. Shravan Kumar
- Disputed Land
- Survey No. 194/1 and No. 211, Malkajgiri
- Layout Approval
- Secunderabad Cantonment Board permit CBR No.2(13), dated March 30, 1990
- HYDRAA Action
- July 18 - compound walls demolished, layout fenced, signboards erected
- Government Claim
- Surplus land under Urban Land (Ceiling and Regulation) Act; GLR No. 243 and 255, B-2 land
- Society Claim
- Private patta land recorded from Khasra Pahani until 2014
- 2014-15 Pahani Records
- 7.02 acres (Survey No. 194/1/1) and 4.3 acres (Survey No. 194/1/2) classified as khariz khata and patta
Sources
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