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The Supreme Court has transferred ownership of a large tracts of 142.39 acres of prime land in Telangana's Ranga Reddy district in favour of specialised Greyhounds Commando Force, formed to fight Naxalites, giving a quietus to a dispute pending since 1994.

A bench of Justices Surya Kant and J K Maheshwari used its power to do complete justice under Article 142 of the Constitution to hold that the subject land in its entirety  would be vested in the state government and its ownership and possessory rights, free from all encumbrances, would stand transferred in favour of the Greyhounds.

The court found that the lands earlier allotted on temporary basis to several persons belonging to Scheduled Castes and Scheduled Tribes were transferred in contravention of the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act of 1977, which prohibited transfer of land assigned to landless poor people.

"We are not oblivious to the fact that the parties have been litigating since the year 1994. During these decades, the subject land has acquired enormous value. Some of the documents on record do indicate that land mafia has already ousted the gullible assignees and now have vulture’s eyes on the land," the bench said.

The court also noted additionally, a security agency of paramount national importance currently occupied it in public interest and used the land for training purposes.

The bench also ordered no civil court or High Court would entertain any claim on behalf of any assignee, their legal representative, GPA holder or any other claimant under any agreement to sell or other instruments, claiming direct or indirect interests in the subject land.

The matter before the apex court arose out of appeals against the common judgement of December 31, 2021 passed by a division bench of the High Court of Telengana.

The HC's division bench had then allowed the intra¬-court appeal by the State of Telengana and its revenue authorities, and reversed the decision of the single judge. As a result, the state government was allowed to resume the lands by the order issued on January 27, 2007, which formed the core of the present disputes concerning the assignment of non¬-occupied land in the 1960s to landless Scheduled Caste/Scheduled Tribe persons for the purpose of cultivation.

On September 06, 2022, the top court had impleaded the Greyhounds Commando Force through the Additional Director General of Police as a party for effective adjudication since the land in dispute had been allotted to it and was being used for training its forces.

According to facts of the case, in 1961, revenue authorities had assigned 142 acres of government land known as 'Astabl Kanchi' at survey number 393 of Manchirevula village to Mylarapu Peda Gandaiah, Yadaiah and 18 others belonging to marginalised communities. 

In 1994, one M A Baksh got sale deeds executed in his name over certain portions. 

The apex court, however, held that the GPA executed in favour of Baksh in the instant case constituted a ‘transfer’ under the 1977 Act and consequently would also result in violation of Section 3 of the 1977 Act.

Dismissing the appeals, the bench also held that the appellants are not entitled to any compensation under the existing constitutional framework, on account of requisition of the assigned land.

"It is also pertinent to note that serious allegations prevail against the appellants for being involved with the land mafia to usurp the subject land for private interests which was the precise reason for the government to introduce legislation in the nature of the 1977 Act," the bench said.

Case Title: Yadaiah & Anr. Vs. State of Telangana & Ors.