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2003 DIGILAW 953 (AP)

Kavali Pochamma v. Government of Andhra Pradesh

2003-07-31

L.NARASIMHA REDDY

body2003
ORDER : 1. The petitioner is a tenant in respect of about Ac. 3-09 Gts. of land in Sy. No. 148 of Kompally village, Quthbullapur Mandal, Ranga Reddy district, belonging to Sri Balaji Venkateswara Swamy Temple, Alwal (hereinafter referred to as ‘the Temple’). The Temple intended to sell the land by way of public auction. It issued a public notice on 4-12-1999 inviting objections for the proposed sale. The petitioner submitted her objections on 25-1-2000. A reminder was given on 11-9-2000. Ultimately, she filed a revision before the Government. 2. Through its Memo dated 15-2-2003, the Government directed the Commissioner, 2nd respondent, to consider and dispose of the objections raised by the petitioner. Through his proceedings dated 8-4-2003, the Commissioner had rejected the objections raised by the petitioner. Hence, this writ petition. 3. The petitioner contends that she is a landless poor and her rights to purchase the land or to continue as tenant are protected under Section 82 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act 1987 (for short ‘Act 30 of 1987’). She contends that as long she is willing to continue as tenant or purchase the land, the respondents cannot sell the land in question. 4. The Temple has filed a counter affidavit. It is stated that the area is developed into residential locality and almost on all sides of the land constructions have come up. It is pleaded that the land is no longer used for agriculture purpose. It is in this context, and to augment the resources to the Temple, that the sale is proposed. It is alleged that the Temple is without any income and without any other property. 5. Heard the learned counsel for the petitioner, learned Government Pleader for Endowments and the learned Counsel for the Temple. 6. The status of the lessee of the land in question is not much in dispute. She is continuing as lessee for quite a long time. The Act has provided for termination or continuation of leases in respect of agricultural lands as well as other kinds of properties held by Charitable and Religions Institutions and Endowments. Section 82 deals with the leases in respect of agricultural lands. It brings about termination of existing leases except in cases where the lessees are landless poor persons. The Act has provided for termination or continuation of leases in respect of agricultural lands as well as other kinds of properties held by Charitable and Religions Institutions and Endowments. Section 82 deals with the leases in respect of agricultural lands. It brings about termination of existing leases except in cases where the lessees are landless poor persons. This Section provides for an opportunity to be given to landless poor persons, to purchase the land at 75% of the market value of the land. According to the proviso to this Section, as originally enacted, in case any landless poor person fails or is unwilling to purchase the land, the lease stands cancelled. Through Amendment Act No. 27 of 2002, the proviso was substituted with another. It is to the effect that in case the landless poor persons are not willing to purchase the land, they shall continue as tenants if they agree to pay at least 75% of the market rent of the similarly placed lands, as lease amount. It is in this framework that the rights of the petitioners have to be adjudicated. 7. For extending the benefit under Section 82 of the Act to the petitioner, her case needs to be examined for conferring the status of a landless poor person. Government framed Rules in G.O.Ms. No. 371 dated 11-3-2003 for this purpose. Rule 3 thereof prescribes the procedure. The person claiming status of land less poor is required to make an application to the jurisdictional Assistant Commissioner and he, in turn, is required to determine the status. The parameters for such adjudication are provided for in Explanation to Section 82. It reads as under:- “Explanation - For the purpose of this sub-section “landless poor person” means a person whose total extent of land held by him either as owner or as cultivating tenant or as both does not exceed 1.011715 hectares (two and half acres) of wet land or 2.023430 hectares (five acres) of dry land and whose monthly income other than from such lands does not exceed two hundred and fifty rupees per mensum or three thousand rupees per annum. For the purpose of computing the extent of land 0.404686 hectares (one acre) of wetland shall be equal to 0.8090372 hectares (two acre) of dry land.” The Explanation to Section 82, as amended through Act 27 of 2002, reads as under: “Explanation - For the purpose of this sub-section “landless poor person” means a person whose total extent of land held by him either as owner or as cultivating tenant or as both does not exceed 1.01.1715 hectares (two and half acres) of wet land or 2.02.3430 hectares (five acres) of dry land and whose monthly income other than from such lands does not exceed thousand rupees per annum. However, those of the tenants who owner residential property exceeding two hundred square yards in Urban Area shall not be considered as landless poor for the purpose of purchase of endowments property.” 8. An appeal is provided against the order of the Assistant Commissioner. It is only as and when a person is adjudicated as landless poor person in accordance with this procedure that he will be entitled to be extended the benefits under Section 82. The petitioner has not approached the Assistant Commissioner in this regard. This exercise is yet to be undertaken so far as the petitioner is concerned. 9. Even in a case where an existing tenant is declared as landless poor, he has to be offered the land for purchase by him at 75% of the market rate. The market rate can be ascertained either by collecting the comparative figures or by putting the land itself to auction. In case the tenant, who is declared as landless poor, is not willing to purchase the land, he has to be continued as lessee at 75% of the market rent for similarly placed land as lease amount. To ascertain the market rent, an exercise needs to be undertaken, either in the form of collecting the comparative figures or by putting it to auction. None of these steps have been taken in the present case. 10. The Act provides for certain benefits in favour of the existing tenants, who are declared as landless poor and also to protect the interests of the Institution concerned. Decent balance needs to be struck between these two. None of these steps have been taken in the present case. 10. The Act provides for certain benefits in favour of the existing tenants, who are declared as landless poor and also to protect the interests of the Institution concerned. Decent balance needs to be struck between these two. The impugned proceedings, which have overruled the objections raised by the petitioner, do not have the effect of determining her right under any of the provisions referred to above. At the same time, it needs to be observed that the respondents cannot be permitted to sell the land to 3rd parties straight away on the basis of the impugned proceedings dated 8-4-2003. Various exercises, as contemplated under the Act and discussed above, need to be undertaken. 11. Hence, the writ petition is disposed of with the following directions:- (a) If the petitioner wants her to be declared as a landless poor person, she shall submit an application in this regard as provided for under the Rules contained in G.O.Ms. No. 379 dated 11-3-2003 within four weeks from today, before the jurisdictional Assistant Commissioner of Endowments. On such application being made, the Assistant Commissioner shall examine the same and pass appropriate orders, giving an opportunity to the petitioner as well as the Temple, within 2 months thereafter. (b) In the meanwhile, it shall be open to the respondents to ascertain the market value of the land for sale, either by collecting the comparative sale of similarly situated lands or by inviting bids or tenders. (c) In case the petitioner is declared or adjudicated as landless poor person by the Assistant Commissioner of Endowments, she shall be given an option to purchase the land at 75% of the market value as ascertained by the respondents. (d) It the petitioner is not willing to purchase the land, she shall be given an opportunity to continue as lessee, on payment of 75% of the market rent as lease amount, which in turn, shall be ascertained either by collecting comparative figures or by putting the same to auction. (e) It shall also be open to the respondents to invite a finding from the concerned revenue authorities as to whether the land is fit for cultivation. Such a finding by the revenue authorities will be treated as relevant to determine the rights of the petitioner to continue as lessee. (e) It shall also be open to the respondents to invite a finding from the concerned revenue authorities as to whether the land is fit for cultivation. Such a finding by the revenue authorities will be treated as relevant to determine the rights of the petitioner to continue as lessee. (f) STATUS QUO obtaining as on today shall be continued and the petitioner is also directed not to alter the nature of the land or to induct 3rd parties. 12. There shall be no order as to costs.