Court disposed of multiple writ petitions challenging NOC conditions and applicability of 2006 Act to 1975 Act areas by holding them covered by prior common order dated 28.08.2015 in W.A.No.702 of 2010.
Writ petitions covered by earlier common order dismissed; miscellaneous petitions disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE
AND
HON’BLE SRI JUSTICE S.V. BHATT
W.P.Nos.7418 of 2012; 1167, 3250, 3850, 6086, 8270, 12588, 12611, 12763, 13853, 15297, 15299, 17041, 20580, 23428, 23431, 23432, 23433, 23439, 23447, 26327, 26329, 26858, 27004 and 27035 of 2015
WRIT PETITION No. 7418 OF 2012
13-10-2015
Between:
M/s. Janachaithanya Housing Ltd., rep., by its Authorised Person Sri K. Anjaiah, D.No.47-3-13, 2nd Floor, 5th line, Dwaraka Nagar, Visakhapatnam
… Petitioner
And
Visakhapatnam Urban Development Authority, rep., by its Vice Chairman, Visakhapatnam, Visakhapatnam and another
… Respondents
HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE
AND
THE HON’BLE SRI JUSTICE S.V. BHATT
W.P.Nos.7418 of 2012; 1167, 3250, 3850, 6086, 8270, 12588, 12611, 12763, 13853, 15297, 15299, 17041, 20580, 23428, 23431, 23432, 23433, 23439, 23447, 26327, 26329, 26858, 27004 and 27035 of 2015
COMMON ORDER: (Per the Hon’ble Sri Justice S.V.Bhatt)
Heard learned counsel appearing for the petitioners in this batch of writ petitions, learned Government Pleader and the learned standing counsel appearing for the Urban Development Authority.
The petitioners in this batch of writ petitions challenge the condition to get No Objection Certificate (NOC) imposed by the Urban Development Authority and/or the applicability of the Andhra Pradesh Agricultural Land (Conversion for NonAgricultural Purposes) Act, 2006 to the areas covered by the A.P. Urban Areas (Development) Act, 1975.
This Court, through common order dated 28.08.2015, has considered similar issue in W.A.No.702 of 2010 and batch and confirmed the common order dated 28.04.2010 in W.P.No.26688 of 2007 and batch passed by a learned Single Judge. The relevant portion of the order dated 28.08.2015 reads thus:
“The Urban Development Authority construing strictly gets jurisdiction to entertain an application for which conversation tax is paid under Act 3 of 2006 and the NOC can be justified by this reason as well. The insistence at best can be treated as a concomitant and the authorities can certainly insist upon NOC from applicant for processing the application made under Section 14 of Act 1 of 1975. For the view taken on questions (i), (ii) and (iii), no exception could be found against the impugned common order dated 28.04.2010. For the reason stated above, the appeals are without merit and accordingly dismissed.”
Through our order dated 28.08.2015 in W.A.No.702 of 2010 and batch, we have confirmed the common order dated 28.04.2010 in W.P.No.26688 of 2007 and batch and have disposed of the batch as follows:
a ) It shall be competent for the Urban Development Authorities or the Local Authorities, as the case may be, to insist on submission of clearance/permission under the 2006 Act as a condition precedent for releasing of layouts, and
b ) the land has been put to non-agricultural use before the 2006 Act came into force, such clearance/ permission shall not be insisted.
c ) Conversion of land into Non-agricultural use under the provisions of Act 3 of 2006 is necessary even if the land is covered by Master Plan and sanction of layout by the Development Authority under the provisions of Act 1 of 1975.
The learned counsel appearing for all the parties admit that the batch of writ petitions is covered by the common order dated 28.08.2015 and the writ petitions are accordingly disposed of.
Consequently, miscellaneous petitions, if any pending, also stand disposed of.
DILIP B. BHOSALE, ACJ
S.V.BHATT, J
Date: 13-10-2015
ks
3 issues framed by the court
Whether application of 2006 Act to areas covered by 1975 Act requires NOC from Urban Development Authority.
Whether writ petitions challenging NOC conditions are covered by earlier common order dated 28.08.2015.
Whether conversion tax implications affect jurisdiction for NOC under 1975 Act.
M/s. Janachaithanya Housing Ltd.
Visakhapatnam Urban Development Authority
another
Dilip B. Bhosale
S.V. Bhatt
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
