-Galla S Kiran Kumar,Bureau Chief Telagana (Andhra Pradesh)
The Telangana High Court on Monday issued a verdict canceling the allotment of land on lease basis to the Saisindhu Foundation of Hetero Parthasarathi Reddy.
The government should prioritize the public interest.
Are the 30-year-old rules valid? The High Court verdict annulling
the allotment of land to the Hetero group Saisindhu Foundation as unconstitutional ordered to review the government’s policy today – Hyderabad
HeThe Telangana High Court on Monday issued a verdict canceling the allotment of land on lease basis to the Saisindhu Foundation of Tiro Parthasarathi Reddy. GIO 59 issued by the government in 2018 allotting 15 acres of land on nominal lease in Serilingampalli mandal Khanamet of Rangareddy district struck down a memo issued by the special chief secretary to the government in August of the same year. It has been clarified that the government policy should not be changed based on the applications made by individuals and organizations. Based on the 30-year market value, Hetero Parthasarathi Reddy’s Saisindhu Foundation has been allotted land, it has been commented that it was handed over as a gift. This allotment is invalid. It ordered the government to re-examine and take a decision in accordance with the 571, 218 JIOs issued in 2012 and 2015.
It stated that the land was allotted contrary to the proposals made by the Collector and approved by the Land Allotment Authority and against the lease guidelines in GIO 571. The market value has been fixed at Rs 75 thousand per square yard by the authority, but the government has taken the allocation of 7.5 acres for Basavatharakam Hospital in 1989 as the basis. No reasons have been mentioned for allotment of land aside from the recommendations of the Collector and the authorities and the government policy. It is not stated in the order that the decision on land allotment has been taken keeping these points in mind. When land was allotted to Basavatharakam Hospital in 1989, there was no policy on allotment of land. In the case of Saisindhu Foundation, the then lease terms were fixed at Rs. 50 thousand per year and 5 percent increase every three years, but the value of the land increased after 30 years in Hyderabad was ignored. Public tender for establishment of educational and medical institutions, It said that even if the tender procedure is not necessary, at least the procedure designed by the government should be followed. At present, in the land allotment to the Saisindhu Foundation, the authority has stated that the value of commercial land is Rs. 70,000 to 80,000 per square foot.
It is said that although the authority recommended that 10 acres would be enough for the construction of the hospital, the government has allotted 15 acres on lease for only Rs.1.47 lakh per annum i.e. nominal value. This is not a public-private partnership. It has been said that the government, like a trustee of the state’s resources, should make allocations aiming at the public interest. According to the judgments of the Supreme Court, the government and officials cannot allocate to any person or organization they like.. Every allocation should be transparent and public interest should be kept in mind. Transparency and fairness should be observed before alloting land in bulk.. State policies should not be rejected based on applications made by individuals and organizations. When individuals and organizations apply for allotment of land in bulk, it is not appropriate to exclude those who are eligible and compete. Arbitrary allotment in favor of one person and discrimination against another is contrary to Article 14 of the Constitution. The Supreme Court said that the government has the authority to allocate land to educational and medical institutions, but the exercise should be done to allocate it in accordance with the principle of equality. It made it clear that the current land allocation is arbitrary and unreasonable. It is against the government policy and unconstitutional.
The judgments cited by Advocate General B.S. Prasad in support of land allocation are not applicable here and cannot be agreed with them. In view of the fact that the construction of the hospital will be completed by September 2023, Hetero Chairman Parthasarathi Reddy disagreed with the argument made by Vaikapa MP S. Niranjan Reddy, a senior lawyer for the Saisindhu Foundation. The bench recalled that on 11 February 2021, this court had made it clear that any construction would be subject to the final judgment while passing interim orders. It held that the violations of law cannot be ignored because of construction and the interim order does not create any additional rights for the foundation. Exceptions cannot be made due to construction. In this context, it has been stated that JIO 59 issued for allotment of land is being cancelled. It has been ordered to reconsider and take a decision as per the government policy.
