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Telangana HC questions unconditional allotment of government land

HC has faulted the govt for allotting lands at concessional rates, without alluding to the conditions and clauses to cancel the allotment

HYDERABAD: The Telangana High Court has faulted the government for allotting state land to various persons, organisations, companies and others at concessional rates, without alluding to the conditions and clauses to cancel the allotment if the allottee does not use it the purpose it was allotted and the time period to comply with the conditions.

A division bench comprising Chief Justice Hima Kohli and Justice Annireddy Abhishek Reddy observed that the governments were only trustees of government land and they cannot dole them out to suit their wishes and that too devoid of conditions.

The bench was dealing with an appeal by the state revenue department, challenging the earlier orders of a single judge, which had set aside the government’s decision to cancel the allotment of three acres and 31 guntas made to Anand Cine Services out of the allotted five acres in 2001 by the then government in survey number 403 in Jubilee Hills.

In 2001, the land was allotted at a concessional rate of Rs 8,500 per acre (approximately Rs 1.75 per square yard) whereas the market value was Rs 2,500 per square yard. This land was allotted for developing the cinema and TV production industry. However, a new policy came up in 2012 seeking to take back allotted government lands, which are not being used for the purposes mentioned.

Following it, in 2014, the tahsildar of Shaikpet, conducted a survey and realised that Anand Cine Services had been utilizing only 1.09 acres. Proceedings were issued cancelling allotment of the unused land.

This was challenged by Anand Cine Services, stating that it had paid Rs 1,15, 431 the market value in 2001 and stated that there was no specific time period to be complied with.

Taking it into consideration, the single judge court directed the government not to interfere in the issue. Challenging it, the government filed an appeal petition before the division bench, which posed a volley of questions on how the government lands could be allotted to third parties at concessional rates without any conditions. On the request of the government counsel to produce condition details, the case was adjourned to September 24.

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