In a recent landmark decision by the Supreme Court of India, a resolution has been reached in the contentious land dispute case involving Andhra Prabha Publications and the State of Andhra Pradesh. The dispute, centered around the allocation of Survey No. 129/45/D, has finally come to a conclusion with the Court’s directive. Let’s delve into the details of this intriguing legal battle and its implications. #LandDispute #LegalBattle #SupremeCourtJudgement
Facts
- Division Bench of the High Court of Judicature, Andhra Pradesh set aside the judgment of the learned Single Judge.
- Petitioners were advised to pursue appropriate legal remedies if they were aggrieved by the survey result.
- Review petition was filed and disposed of by a detailed judgment on 27.02.2019.
- The Court rejected the Committee Report dated 02.07.2018 as it was not in line with the directions of the learned Single Judge upheld by the Court.
- Order of the Division bench was set aside on 16.08.2017, restoring the directions of the learned Single Judge.
- The Urban Land Ceiling proceedings were deemed to have abated.
- A survey by the competent authority was deemed necessary to determine the status of land allotment to Andhra Prabha publications.
- If the allotted land was indeed Survey No. 129/45/D, it would have to be set aside as per the decision of the learned Single Judge.
- Court directed the Government to demarcate a specific plot of land as per existing ground conditions.
- Despite a previous court order, demarcation had not taken place leading to the authorities being directed to submit a demarcated area plan on affidavit.
- State’s senior counsel requested a review of the judgment.
- A specific survey number, 129/45/D, had to be demarcated as per court orders.
- Initial survey results indicated that the land in the specified survey number did not exist.
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Arguments
- The Government’s affidavit states that the land allotted to Andhra Prabha publications is classified as Government land, different from Survey No. 129/45/D, which is incorrect.
- The sale deed of 1962 and the competent authority’s order clearly indicate that the land is not Government land.
- In a 2006 affidavit, the appellants had stated that Survey No. 129/45/D was distinct from Survey No. 403, contradicting their current argument.
- The existence of the land mentioned in the first Survey Report is questioned.
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Analysis
- Various conflicting stands were taken regarding the ownership of the land in question.
- The first Survey report incorrectly stated that the land did not exist, showing reluctance to part with it.
- The land marked A, B, C on the map was heavily built up and of no use to the original petitioners.
- The second Survey report was rejected, and the land at Survey No. 19/P marked as ‘PQRS’ was declared as the actual Survey No. 129/45/D.
- The allotment made to Andhra Prabha Publications was set aside, and they were directed to deliver the land to the original appellants within eight weeks.
- A Compliance Report was filed with a map locating the land in question in compliance with the court’s order.
- The property in question was in a rectangular shape and bounded by a public proposed road and vacant government land.
- There was a reluctance to part with the land due to its high value, leading to the allocation to Andhra Prabha Publications.
Also Read: Union of India v. Arbitral Award: Limitation and Condonaion of Delay
Decision
- The Review Petitions have been disposed of accordingly.
- The Collector is required to take action as per the Single Judge’s directions.
- The Collector must complete the necessary steps within eight weeks from today.
Case Title: THE GOVERNMENT OF ANDHRA PRADESH Vs. GRACE SATHYAVATHY SHASHIKANT
Case Number: MA-000910-000924 / 2019
