Apex court dismisses claims on Kokapet land

HMDA will now get title of prime poperty at Kokapet on which many MNCs are located

HYDERABAD: In a major development that brought relief to the Hyderabad Metropolitan Development Authority (HMDA) as well as the state government, Supreme Court has dismissed the claims on Kokapet near Gachibowli filed by private person. The present market value of land is said to be around `9,000 to 10,000 crore.The Supreme Court judges A K Sikri and Ashok Bhushan dismissed the case filed by petitioner KSB Ali on Wednesday. With this order, HMDA will get the title of the prime property where large number of multi-national companies are located.

 HMDA commissioner T Chiranjeevulu told Express that SC order has brought a major relief to HMDA as they were pursuing the case for the last two to three years and the authority was in tight spot when the successful bidders started demanding HMDA to return the auction amount as there was delay in handing over property to them due to title disputes between HMDA and petitioner. 

In July 2006, of 620-630 acres of land, HMDA auctioned about 166 acres of prime land  in Kokapet under ‘Golden Mile’ project when there was boom in real estate. It fetched HMDA a record `1,755 crore and 15 out the 17 bidders paid upfront amount of `687 crore. The remaining amount was to be paid in installments.Chiranjeevulu said HMDA had auctioned about 166 acres of which 50 acres was allotted to about 50 IT  companies and the remaining 410-420 acres is with HMDA. However, the successful  bidders approached HC as there was  delay in handing over the property to them and contended authorities did not inform them that there were writ petitions pending with regard to land. 

KSB Ali and others, claiming to be legal heirs of Nawab Nusrat Jung-1, have been fighting for the land for several years. There are 203 legal heirs. A single-judge directed HMDA in April 2010 to refund the deposits to petitioners. If it failed to repay the amount, it had to pay 9 pc interest per annum from the date of deposit, till date of payment. HMDA filed a writ petition in HC which set  aside single-judge order directing HMDA to refund over `687 crore to the successful  bidders of land in its Golden Mile project at Kokapet.  It held that the bidders could seek relief from an appropriate forum for  non-fulfillment of contractual obligations. 


Aggrieved by the order, HMDA appealed. Arguing the case, the then  advocate-general A Sudarshan Reddy contended that the writ petitions were filed before this court in respect of land.The division bench delivered this judgment in which it set aside order of single-judge who earlier directed state and HMDA to  refund the money because ‘the state could neither inform the bidders about the pending litigation over the land under auction nor could it  deliver the possession of the same’.

The division bench also dismissed  the plea for refund of money by real estate firms that bid  land in project.The title dispute case was being heard in HC. The court verdict on  Kokapet land title came in favour of HMDA in July 2012. Aggrieved by order, Ali went in appeal in SC in April 2013. After hearing both sides, SC dismissed  the  petitioner’s case on Tuesday, the commissioner said.

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