NEW DELHI: SC on Monday quashed the ‘arbitrary, capricious and irrational’ allotment of prime lands at ‘throwaway prices’ in Greater Hyderabad Municipal Corporation limits to housing societies formed by different MPs, MLAs, SC and HC judges, All India Services (AIS) bureaucrats, defence personnel and journalists.
The land was allotted by Y S Rajasekhar Reddy-led Congress govt of undivided Andhra Pradesh through a series of govt orders.This was partly quashed by HC, which was appealed in SC by Telangana govt.
A bench of Chief Justice Sanjiv Khanna and Dipankar Datta quashed all govt orders and said, “The classification giving State largesse to judges of Constitutional Courts, MPs, MLAs, officers of the AIS, journalists, etc. favours a privileged segment of society, which is already better off compared to the vast majority of marginalised and socio-economically disadvantaged individuals.”
Writing the 64-page judgment, the CJI said, “The benefits granted to these privileged and well-off classes come at a cost, as they effectively deprive and deny the essentials to the marginalised and socially vulnerable populations.” The bench said, “We are of the opinion that judges of SC and HCs, MPs, MLAs, officers of the AIS, journalists etc. cannot be treated as a separate category for allotment of land at a discounted basic value in preference to others.”
While cancelling the allotment of land to cooperative societies, SC said the allottees and their members would be entitled to refund of the land price, stamp duty and registration fees paid by them along with interest to be quantified by Telangana govt.
“The object of the policy perpetuates inequality. The policy differentiates and bestows largesse to an advantaged section/group by resorting to discrimination and denial. It bars the more deserving, as well as those similarly situated, from access to the land at the same price. It promotes social-economic exclusion, to favour a small and privileged section/group. The policy does not meet the fairness standards prescribed by the Constitution,” it said.
The petitioners before HC had alleged that lands worth Rs 700 crore were distributed arbitrarily at throwaway prices to influential sections of the society causing huge loss to the exchequer and depriving deserving people a shelter over their heads.
Hammering down the defence of state govt, CJI Khanna said, “Shorn of pretence, this policy of State Govt, is an abuse of power meant to cater exclusively to the affluent sections of the society, disapproving and rejecting the equal right to allotment of the common citizen and the socio-economically disadvantaged.”
All India Services officers argued that they were underprivileged and have made sacrifices to entitle them to preferential land allotment of land at discounted rate. CJI Khanna and Justice Datta termed this stand as “fallacious and untenable”.
The bench said giving land at discounted rates to influential sections of the society distorts the natural market forces that determine the true value of the land. CJI Khanna said, “The true market price of land reflects its demand and utility, but when individuals receive land at a discount, it artificially devalues the property and consequently diminishes public revenue. This has severe financial ramifications for the public exchequer.”
