Court verdict on Balanagar lands: State govt order not sustainable, says high court

HYDERABAD: In a major relief to the original allottees of commercial lands in Balanagar, the Telangana High Court has issued orders impugning the Telangana state government's order, saying it is not sustainable.

The government is directed to reconsider and issue a fresh order specifying the persons who fall under the category of “others” mentioned in the GO, the court said.

The court made clear that the original allottees have the right over the property. Where the original allottees are no longer in existence and if it is only the sub-tenants who are in possession of the property and there is no counterclaim by the original allottees, the government can, in such cases, consider granting freehold rights to them/others.

The Telangana government had served notices to original allottees of commercial lands in Balanagar and issued an order asking them to surrender their lands to the government. Opposing the order, the original allottees filed a petition before the court. The court allowed all petitions and said that miscellaneous petitions, if any pending in these writ petitions, shall stand closed.

The AP government had allotted 47 acres of land pursuant to the directions of the central government for setting up the Cooperative Industrial Estate in Balanagar. Though the government states that it has only allotted the leasehold rights in favour of the members of the society, who are also members of the petitioner association, the documents signed by the concerned officer are “lease cum sale deeds.”

Further, the court said, “It is an undisputed fact that the allottees have subsequently repaid the loan from LIC and also the government’s contribution. Therefore, there is no contribution any longer from the government in the estate and all that remains is the formality of granting freehold rights in favour of the allottees by the government, by collecting a nominal fee."