HYDERABAD: Justice S. Nanda of the Telangana High Court directed the revenue authorities and Mahbubnagar collector to consider returning 3 acres of land that were donated but not used to build a primary health center at Thimmajipet.
The judge disposed of a writ petition filed by B. Prabhavathamam, represented by her two sons who came on record after she died. The land had not been utilised for a PHC due to opposition from the locals, as it was 2 km from the village.
The government later built a PHC within the village. S.A. Razzak, counsel for the petitioners, pointed out that when any property has been donated for a particular purpose and the purpose fails, the property shall be reverted to the donor as per Section 126 of the Transfer of Property Act. Justice Nanda rejected the argument of the government that there is no clause in the gift deed mentioning the return of the land if it was not utilised.
