HYDERABAD: Finding it to be “bereft of reasons”, the Telangana High Court has struck down a February 26, 2008 order issued by the tahsildar/deputy collector, Serilingampally mandal seeking to take back nine acres of land from the Airports Authority of India (AAI) at Kancha Gachibowli.
Allowing a writ petition filed by AAI challenging the tahsildar’s move to resume the land in Survey No. 26, which was originally alienated to the Civil Aviation Department in 1966-67 for installing a VOR facility, Justice NV Shravan Kumar said that the order illegal and in violation of natural justice.
The AAI argued that compensation was paid by the Central Public Works Department and the land had been in uninterrupted physical possession of the authority.
The court noted serious procedural lapses, including multiple panchanamas recorded without issuing notice to AAI, breaking open the petitioner’s locks, and contradictory claims by revenue authorities. It observed that the earlier resumption order dated January 9, 2008 had already been set aside by the High Court on January 31, 2008, yet the authorities issued fresh notices and conducted panchanamas on the same subject.
Justice Shravan Kumar held that the tahsildar acted without jurisdiction and failed to specify any violation of land alienation conditions. The order also highlighted that the state failed to produce revenue records supporting its claim and did not notify the Ministry of Civil Aviation, the rightful owner of the land.
The court relied on earlier judgments, including a division bench ruling that suspended orders are considered non-existent in law, and noted that the panchanama procedures violated norms upheld by the Supreme Court.
