Banwar Lal & Ors vs G. Kalavathi (Dead) By Lrs. & Ors

2. It is clear from the aforesaid order that instead of directing demolition of the construction already made and/or punishing the contemnors, the High Court felt it more appropriate to pass an equitable order directing payment of compensation to the petitioner in the Contempt Case at the rate of Rs.5,000/- per sq. yard as valued by the State itself in an application filed under Section 8 of the Andhra Pradesh Land Grabbing (Prohibition) Act, against the predecessor-in-interest of the respondent herein. The said direction was, however, given along with a rider that such compensation would be paid only in the event the land grabbing case was dismissed in favour of the predecessor-in-interest of the respondent herein. Certain other directions were also given regarding the question of maintainability, jurisdiction, propriety or competence of the petitioners in the land grabbing case to continue the same in view of earlier directions given by the High Court, including the direction to institute a civil suit to adjudicate the title to the property. The implementation of the order was stayed for a period of six weeks from the date of the order presumably with the intention of allowing the parties to contest the order before a higher forum.

5. In order to appreciate the submissions advanced on behalf of respective parties and the circumstances in which the impugned order came to be passed, a brief outline of the facts leading to the passing of the said order is set out hereinbelow.

6. The predecessor-in-interest of the present respondents, one Smt. G. Kalavathi, came to be the absolute owner and possessor of 10 acres of land in Survey No. 129/36/1, being part of Survey No.403 of Shaikpet Village, Road No. 13, Banjara Hills, Hyderabad. It was her case before the High Court that she had purchased the said property under a registered sale deed dated 11th February, 1971, from one Mr. Papaiah, who had purchased the same by a registered sale deed dated 28th February, 1963, from one Venkat Swamy. Venkat Swamy is said to have acquired the property by a patta issued by the concerned authorities in the year 1340 Fasli, equivalent to the year 1930 of the Christian era. From the description of the property contained in the order impugned in this appeal, the said property is bounded on the North by a Nala (Government land); on the South by Road No. 13; on the East by land in Survey No. 129/75 belonging to M/s Hyderabad Industries Limited and in the West by the land belonging to Kazi Mohd. Hussain in Survey No. 129/36.

7. The respondent No.1 herein leased out the said land measuring ten acres to M/s Hyderabad Industries Limited by a registered lease deed dated 27th June, 1971. The Mandal Revenue Officer, Golconda Mandal, issued a notice to the Respondent No.1 on 20th June, 1986 under Section 6 of the A.P. Land Encroachment Act, 1905, calling upon the said respondent to vacate the land within 3 days from the date of receipt of the notice. Challenging the said notice, the respondent filed Writ Petition No. 11714 of 1986 for a declaration that the action of the Mandal Revenue Officer in issuing the notice was illegal, arbitrary and unconstitutional and also praying that the said officer be restrained from interfering with her possession over the land. The said writ petition was allowed and the notices issued by the Mandal Revenue Officer under Sections 6 and 7 of the A.P. Land Encroachment Act was quashed with leave to the Government to file a suit to get its title established.

On examination of the sale deeds belonging to the petitioners and the lease deed executed by Smt. G. Kalavathi in favour of M/s. Hyderabad Industries Limited and the plan annexed to the said documents, it was observed that the same were found to be inconsistent and not in conformity with the area shown in the reference map with brown lines. However, although, it was not possible to locate exactly the said area on the ground, on actual measurement the area in the reference map was found to consist of 9 acres 32 guntas.

24. In the Writ Appeal filed by the Mandal Revenue Officer, Golconda Mandal, Hyderabad, the Division Bench of the High Court did not interfere with the judgment and order of the learned Single Judge upon holding that the learned Single Judge had rightly allowed the writ petition. However, while dismissing the writ appeal the Division Bench directed the status quo to be maintained for a period of three months from the date of the order to enable the Government to take appropriate steps in the matter.

27. This now brings us to the other limb of the order impugned in these appeals.

31. Considering the ground realities and the assessment made by the State authorities themselves, there appears to be some substance in Mr. Nariman's submissions. We, therefore, allow the appeals in part and set aside the findings of the Courts below regarding contempt of Court alleged to have been committed by the appellants herein. We hold that the appellants are not guilty of contempt of Court as has been alleged.

32. We also direct that the compensation awarded by the Division Bench in the judgment under appeal, should be suitably increased in view of the assessment made by the State authorities themselves. We accordingly, enhance the compensation awarded by the Division Bench of the High Court from Rs.5,000/- per square yard to Rs.15,000/- per square yard. We make it clear that we are not interfering with the other orders and directions given in the impugned judgment regarding payment of such compensation.

33. The appeals are disposed of accordingly. There will be no order as to costs.