THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.23530 of 2006 ORDER: The petitioner was allotted a plot of 200 square yards in Balasamudram area of Hanmakonda Town by the Government in the year 1959-60 on payment of the fixed amount. However, the petitioner occupied nearly 450 square yards over and above what was allotted to her. A sale deed in respect of 200 square yards of land was executed on 03.09.1986, on payment of market value at the rate of Rs.1,200/- per square yard. As regards the balance, the petitioner was making efforts to get it regularized. The orders of regularization were issued in respect of about 134 square yards in the year 2002 after various rounds of litigation. For the remaining land, the petitioner was making efforts and had to approach this Court on several occasions. Ultimately, the then Municipal Corporation passed a resolution on 31.05.2003 directing regularization of unauthorized occupations of lands, on payment of Rs.2,000/- per square yard. The Commissioner of the Municipality was directed to take necessary steps. The Commissioner in turn issued a memo dated 16.06.2006 informing the petitioner that the excess land in occupation of the petitioner be regularized on payment of present market value. The petitioner ascertained the market value from the Registrar’s office, according to which it was Rs.1,635/- per square yard. A sum of Rs.5,42,820/- was deposited through a Demand Draft, dated 26.07.2006. The grievance of the petitioner is that in spite of the payment of market value, the respondent has not regularized the excess area. The respondent filed counter affidavit admitting the factum of there being a resolution providing for regularization. It is however stated that the petitioner did not deposit the correct value; and as of now, the market value is in the range of Rs.3,500/- to Rs.4,000/- per square yard. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. The municipality remained oblivious and indifferent when the petitioner had occupied more than thrice the area, that was allotted to her. Regularization of 134 square yards was made after some time. The issue relating to regularization of remaining land is pending for the past several decades. It is a matter of record that the Municipality has resolved to regularize the lands in unauthorized occupation of the persons on payment of Rs.2,000/- per square yard . The petitioner ought to have availed the opportunity. She waited for a communication to be given by the Commissioner of the Municipality. Such a communication came in the year 2006. Instead of mentioning the value stipulated by the Municipality, the Commissioner stated that the regularization would be made on payment of market value. Instead of being practical and truthful, the petitioner tried to be intelligent and had deposited amount at the rate of Rs.1,635/- per square yard on the basis of certification made by the Registration Department. There was absolutely no basis for her in doing so. It must not be forgotten that it is not a case of voluntary sale and purchase between two parties. The petitioner is in unauthorized occupation and she must abide by the conditions that are imposed by the Municipality. This Court is of the view that the litigation that is pending for the past several decades can be given quietus by directing the petitioner to pay the value for the land at the rate of Rs.3,000/- per square yard, duly giving credit to what has already been paid by her. This would bring the transaction almost nearer to the one according to market value. The respondent states that the value of the land is in the range of Rs.3,500/- to Rs.4,000/- per square yard. If the factum of the deposit of substantial amount by the petitioner way back in the year 2006 is taken into account, it comes nearer to the amount indicated by the respondents. Accordingly, the writ petition is allowed directing that the respondents shall regularize the land in unauthorized occupation of the petitioner on payment of Rs.3,000/- per square yard, within four weeks from today. The amount already deposited by the petitioner shall be taken into account. There shall be no order as to costs. __________ 03.06.2010 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.23530 of 2006 Date: 03.06.2010 JSU