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2010 (10) TMI 1160 - SC - Indian LawsProceedings of the Competent Authority u/s 8, 9 and 10 of the ULC Act - Challenging the validity of G.O. Ms. No. 161, Revenue (UC-II) Department - HELD THAT:- According to the appellants, they are entitled to the benefits of G.O. Ms. No. 733 dated 31.10.1988 and they are entitled to the same benefits as any other holder of excess vacant lands is entitled to as they are in actual physical possession even as on date irrespective of whether the Act became applicable on 17.02.1976 or 29.09.1980. It is brought to our notice that the amendment made in G.O. Ms. No. 217 vide G.O. Ms. No. 733 dated 31.10.1988 is applicable only in the cases in which the possession of land had been taken over by the Government under Section 10(5) and 10(6) and according to the State Government, in this case, possession was taken after 31.10.1988 as pointed out by learned senior counsel for the respondents, the declarants cannot avail the said benefit since even, according to them, they were not in possession as on 31.10.1988. The benefit of G.O. Ms. No. 733 may be available if the declarants were in possession and up to 31.10.1988 and possession was taken by the Government subsequent thereto. As rightly observed by the High Court, G.O. Ms. No. 217 cannot be interpreted as entitling the declarants to claim benefit of exemption even in cases where they were not in possession as on 31.10.1988. The same was handed over to the Mandal Revenue Officer, Sherlingampally, even prior to that, the said land was allotted to Hyderabad Urban Development Authority vide G.O. Ms. No. 5013 dated 19.12.1980. Admittedly, the said Government Order was not challenged by the appellants. In those circumstances, the appellants cannot be allowed to take the benefit of G.O. Ms. No. 733 since this is not merely a case where the appellants were dispossessed but the property was transferred initially in favour of Hyderabad Urban Development Authority and later to APIIC for utilizing the same to set up IT Park Project. We are satisfied that the appellants are not entitled to claim benefits under G.O. Ms. No. 733. It is also clear from G.O. Ms. No. 455 and 456 dated 29.07.2002 that occupation/possession is sine qua non for the allotment of surplus lands. Hence, We do not find any merit in the appeals filed by the appellants. Consequently, they are dismissed. No order as to costs.
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