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Nature of Agricultural Land Would Not Be Affected by Use for Non-Agricultural Purposes: SC

The statutory cancellation of the lease of agricultural lands under the Act would not be affected by the use of the land for non-agricultural uses. The Andhra Pradesh High Court’s ruling in Gulf Oil Corporation Limited to be evicted in accordance with the Telangana Charitable and Hindu Religious Institutions and Endowments Act of 1987 was the subject of an appeal that the lessee had filed with the court.

The Court was also making a decision regarding an appeal that the lessor had filed, in which he claimed mesne profits under Section 83(6) of the 1987 Act. The Petitioner claimed that the Collector had approved a change in the construction use for three distinct lands that had previously been assigned to them, but that the Collector had denied their request to modify the design.

The present petition was submitted in protest of the order. In this instance, M/s Indian Detonators, the previous lessee, and one Sri Udasin Mutt entered into a lease arrangement for 143 acres of inam lands. Following that, the lessor and M/s Indian Detonators reached an agreement for the lessor to lease 257 acres and 19 guntas of inam land.

The Andhra Pradesh government gave M/s. Indian Detonators Limited permission to lease land. The lessor then entered into a new 99-year lease agreement for 137 acres, 19 guntas of land with M/s Indian Detonators Limited.

The court took notice of the lessees’ attorney’s main defence, which is that the lessees were not informed that the lease is statutorily void because there was no pleading that the property in question was agricultural land. The Court declared: “The stated contention is not tenable for the reason that the Inspector in his reports dated 29.1.2008 and 16.12.2008 reported that the lands in question are agricultural lands and that lease of such lands stands cancelled.”

The Court further noted that it had been ordered to take into account the lessee’s plea to the grant of lease under Rule 15. “However, because Section 82(3) and (4) only apply to land and property that is not agricultural, Rule 15 of the Telangana Charitable and Hindu Religious Institutions and Endowments Immovable Properties and other Rights (Other Than Agricultural Land) Leases and Licenses Rules, 2003 will not apply to agricultural land.

The 2003 Rules would not apply to the property in question because it has been determined that the land is agricultural. The directive to take the lessee’s desire into account when granting a lease under Rule 15 is therefore unworkable “

Ahir Mitra
Ahir Mitra


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