Land Disputes and Assignee Rights: A Review of 2023 INSC 664 Judgment in the Supreme Court of India
Introduction:
In a significant and precedent-setting ruling, the Supreme Court of India delivered its judgment in 2023 on Civil Appeal No. 4835 of 2023. This appeal stemmed from Special Leave Petition (Civil) No. 2523 of 2022 and several related cases. These appeals revolved around a longstanding dispute concerning the assignment of non-occupied land in the 1960s. This land was assigned to landless Scheduled Caste/Scheduled Tribe individuals, commonly known as ‘Assignees,’ in Telangana’s Ranga Reddy District.
Origin of the Dispute:
The disputes have their roots in a policy decision made by the Revenue Department of the then undivided State of Andhra Pradesh in 1953. This decision authorized the assignment of land, particularly ‘Astabl Kanchi’ land measuring 200 acres in Manchirevula village, to landless Harijans under special Laoni Rules. Subsequently, temporary and permanent pattas were granted to the selected Assignees, initiating a complex and enduring legal battle.
Supreme Court Proceedings:
The Supreme Court’s judgment thoroughly examined the High Court of Telangana’s common judgment. This judgment allowed the intra-court appeal by the State of Telangana and its revenue authorities. The Court upheld the resumption order, issued on 27th January 2007, which stood at the center of the disputes.
Key Issues Explored:
The judgment delved into a multitude of legal matters. These included res judicata, the nature of assignment, and the violation of assignment conditions. Given the intricacies involved and the multiple forums the case had traversed, the Court meticulously analyzed the case to arrive at a just and equitable decision.
Involvement of Greyhounds Commando Force:
Significantly, the Court impleaded the Greyhounds Commando Force, represented by the Additional Director General of Police, as a Party-Respondent. This was due to the land in dispute being allocated for the training of the Commando Force.
Court Proceedings and Subsequent Events:
Upon receiving the First Show Cause Notice, proposing the cancellation of the Subject Land’s assignment, the Assignees petitioned the revenue authorities. They sought an opportunity to present their case. After thorough deliberation, the Collector of Ranga Reddy District issued an order on 23rd June 1995. This order cancelled the assignments granted to the Assignees. Dissatisfied with this decision, the Assignees initiated a civil suit in the Andhra Pradesh High Court. They challenged the cancellation order.
High Court’s Decision:
The case came before a Division Bench of the Andhra Pradesh High Court. On 31st December 2021, this division bench allowed the intra-court appeal brought by the State of Telangana and its revenue authorities. This decision affirmed the cancellation of the assignments. The High Court’s decision relied on various grounds, including procedural irregularities, non-compliance with Assignment Rule, 1958, and the violation of the ban order issued in G.O. Ms. No. 1222 of 29th June 1961.
Appeal to the Supreme Court:
Unsatisfied with the High Court’s ruling, the Assignees sought recourse in the Supreme Court of India through Special Leave Petition (Civil) No. 2523 of 2022. This petition was eventually considered as Civil Appeal No. 4835 of 2023. This appeal, along with several related cases, was presented for consideration before a bench presided over by Justice Surya Kant.
Supreme Court’s Verdict:
After extensive hearings and meticulous scrutiny of the facts and legal issues, the Supreme Court delivered its landmark judgment. This judgment is referred to as 2023 INSC 664. The Court upheld the High Court’s decision to annul the assignments granted to the Assignees. It found merit in the grounds cited in the First Show Cause Notice. Consequently, the Assignees’ claims to ownership rights and interest over the Subject Land were rejected.
The Impact of the Supreme Court’s Judgment:
The Supreme Court’s judgment in 2023 INSC 664 brings closure to a protracted dispute regarding land assignments. By upholding the cancellation of assignments granted to the Assignees in the 1960s, the Court has reinforced the paramount importance of adhering to legal procedures and regulations governing land allotments. This verdict sets a crucial precedent in similar cases and underscores the significance of maintaining the sanctity of land-related laws to ensure a fair and just society.
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