BMACBS

The Bheemunipatnam Mutually Aided Co-operative Building Society Ltd., 2443

Schemes

Check of Scheme1

Outline of the Scheme1

BCBS Layout 1 on Beach Road.

1. Scheme 1:

1.1 Scheme Name:

1.1.1. BCBS Layout – 1 on Beach Road.

1.2. LOCATION

1.2.1 3 kms from Bheemunipatnam on the Beach Road for Bheemunipatnam to Visakhapatnam

1.3. Introduction:

1.3.1. The Society, immediately, on its registration on 29-05-1970 initiated action to develop a layout, on a medium scale, on the sea front in the vicinity of Bheemunipatnam primarily with twin landable objectives. Firstly to provide an impetus to the efforts to arrest the deterioration of the town and a fillup to its economic growth. Secondly, it planned to ease the housing pressure on the fast growing Visakhapatnam town, at that time.

1.3.2. Accordingly, it applied on 02-07-1970 to the then District Collector to allot about 400 Acres of land to the Society in the vicinity of Bheemunipatnam with a sea front (Annexure – 1.1).

1.3.3.The District authorities examined this application for more than 7 long years by referring the case to the then Revenue Board, the urban development authority, Visakhapatnam and other concerned governmental agencies. Finally, the then District Collector decided to allot the required land at Rs. 500/- per acre near Bheemunipatnam with the sea front in Survey No. 49 of Nerellavalasa Village in Nidigattu Panchayat of Bheemunipatnam Mandalam, a poramboke land not fit for cultivation with huge sand dunes and asked the Society to gives its consent vide Rc No. 276/76 dated 03-03-1977 (Annexure – 1.2).

1.3.4. The Society accepted this offer and gave its consent. Even before the transaction finalized, the Indian Navy, as understood, demanded this land for its proposal to build a naval establishment, named as INS Kalinga, to store certain missiles. The Government conceded to this request and allotted to this land to Indian Navy vide G.O. No. 95 dated 21-01-1985 (Annexure – 1.3).

1.3.5. While allotting this land to the Indian Navy, the Andhra Pradesh Government asked the Society to ask for an alternative site vide G. No. 674 dated 18-04-1983 (Annexure – 1.4). The Society indicated a site in the same survey no. to the North of the land allotted to INS Kalinga.

1.3.6. Accordingly, the then District Collector decided to allot about 400 Acres of land to the Society in the same survey no and numbering it as 49/1 vide proceeding of the District Collector (vide Annexure-1.5) @ Rs. 1,000/- per acre, provisionally and directed the then Tahsildar to deliver the land to the Society. The Society took delivery of this land on 29-02-1980 vide delivery challana Rc No. 1082/79-B-3 (Annexure – 1.6). Thereon, the Society asked the members to remit the land cost on an assured basis vide (Annexure – 1.7).

1.3.7. On measurement it worked out to 373 Acres 94 cents and the Society deposited the provisional land cost of Rs. 3.74 lakhs in the Government treasury vide challana No. 200 dated 08-06-1984 (Annexure – 1.8).            The Society, then, applied for issue of the Title Deed to the land to the then District Collector through the then Tahsildar. It was forwarded to the then District Collector. Even before it could be perused and the Title Deed secured, the Government replaced the elected Managing Committee of the Co-operative Societies in the State by Government nominated committees. These committees totally neglected this aspect even though they were Government agencies and particularly in case of this Society its Chairman, initially, was a Joint Collector from the IAS cadre.

1.3.8. A very unfortunate event which costed substantially the Society and consumed as many as 28 valuable years to secure the Title Deed. At the same time, this Joint Collector as Chairman of the Society sought contributions from the members of the Society at Rs. 5,000/- each vide circular No. 10/84-85 dated 28-01-1985 (Annexure – 1.9) and wasted almost about Rs. 80 lakhs by awarding a work contract to another governmental agency viz the Andhra Pradesh Agro Industries Ltd for the levelling the site which was completely wasted out due to improper planning of the levelling work.

1.3.9. An elected Managing Committee was installed in 1990 and this committee under the Presidentship of Shri. M. Arunachalam and its Secretary Shri. D.G.K. Raju took up the threads and endeavoured to set right the course for the Society. This committee prepared a layout plan and submitted it to the VUDA. The VUDA rejected the application for approval of the layout on the ground that there was no Title Deed furnished and objected to the development work undertaken by the Society without the approval of the VUDA. In view of this, the Society filed a writ petition No. 1327/ 1992 in the Andhra Pradesh High court against the VUDA. The High Court gave an interim judgement dated 28-01-1992 (Annexure – 1.10) restraining both parties from further action and directing then to maintain the 'Status Quo'. meanwhile, the Society approached the then District Collector to give the Title Deed to the land and obtained a certificate from the then Mandal Revenue Officer vide D. Dis. 287/91 dated 31-08-1991 (Annexure – 1.11).

1.3.10. Instead of considering this request, the then District Collector issued a show cause notice to the Society calling for an explanation for not developing the layout as per its earlier order. The Society unable to understand this, filed a writ petition No. 4262/1992 in the Andhra Pradesh Government requesting the High Court to direct the Government to award the Title Deed.

1.3.11.The Andhra Pradesh High Court gave its judgement on 07-04-1993 (Annexure-1.12) stating that the ownership of the land rests with the Society under the Doctorine of Promissory Epsol and that the only issue is that of final price for the land. It directed the Government to issue the Title Deed within six months by fixing a reasonable price for the land through mutual negotiations.

1.3.12. The Society filed a contempt of court petition No. 605 in 1993 as the Andhra Pradesh Government failed to honour the Andhra Pradesh High Court order dated 07-04-1993. The Government, in response, refused to hold elections to the Managing Committee on expire of its term in October, 1993 and appointed an officer of the Co-operative Department as a person-in-charge of the Society.

1.3.13. The person-in-charge pleaded before the count that the Society is in the process of negotiating with the Government and final price will be worked out. The Andhra Pradesh High Court dismissed the contempt of court petition. The then District Collector demanded Rs. 1.50 Lakhs per acre vide Rc No. 5448/91A-10 dated 02-02-1994 (Annexure – 1.13).

1.3.14. Aggrieved at not conducting elections to the Society Managing Committee, about 200 members of the Society under the leadership of Shri. M. Arunachalam, former President, mobilized some funds and filed a writ petition No. 1706 dated January, 1994 in the Andhra Pradesh High Court requesting it to direct the Government to conduct elections to the Managing Committee of the Society.

1.3.15. The High Court through it judgement dated 12-07-1994 directed the Government to conduct the elections to the Managing Committee of the Society. The Government held the elections to the Managing Committee on 17-10-1994 and installed a new Managing Committee on that day itself. With this a new era stated in the history of the Society with Shri. K.V. Harinath as the President of the Society.

1.3.16. The newly elected President opened a new dialogue with the Principal Secretary for Revenue at the Secretariat and secured a Memo No. 32383/ASN.I (2)-92-10 dated 06-03-1995 (Annexure – 1.14) directing the then District Collector to issue the Title Deed to the Society on payment of Rs. 4,000/- per acre and interest @ 15% on the residual land cost at the final price for the land. Unfortunate to the Society, the Principal Secretary was elevated to the centre and the new Principal Secretary sought the consent of the Society to this final price. The Society gave its consent. However, the then District Collector leaked this memo to the media and particularly the ENADU carried this news with a distorted caption on the front page. The Society called for a media meeting and provided it with the factual position. But it did not succeed in making an impact as there was no sensation in its version.

1.3.17.  The Government appointed a High power committee to enquire into the facts. This committee while stating the actual facts highlighted a single factor that some IAS/IPS officers are the members of the Society under pressure from the ruling party bosses. The Government called for an All-Party meeting for a formality and issued a revised memo No. 32383/ASN.I (2) 92-17 dated 04-02-1996 (Annexure – 1.15). This stipulated that the price for the land will be fixed through auctioning a plot in the land in addition to three other conditions.

1.3.18. The Society seeing the unreasonability and arbitrary way of fixing the land filed a writ petition 17038/1996 in the Andhra Pradesh High Court against the method of fixing the land price while agreeing to the other three conditions and the court disposed this petition, after 5 years, in 2001 vide judgement dated 06-12-2001 (Annexure – 1.16).

1.3.19. The judgement upheld the contention of the Society and directed the Government to honor its memo dated 06-03-1995 and issue the allotment order within six months from the date of depositing the land price as per its Memo dated 06-03-1995. However, the Government decided to appeal before a Division Bench and filed a writ appeal 423 in 2002.

1.3.20. The High Court Division Bench, surprisingly, took a different direction and without deciding the final price for the land, the issue under consideration, disposed the Writ Appeal by stating that the Government is free to allot the land to the Indian Navy in case the Navy requires it vide judgement dated 17-09-2004 (Annexure – 1.17).

1.3.21. The Society amazed at the Hon'ble Division Bench Judgement filed a SLP No. 22345 in 2004 in the Hon'ble Supreme Court it was admitted in 2005. Even when the matter was subjudice, the Andhra Pradesh Government allotted the land to the APIIC vide order No. 408/91 ARI dated 08-11-2004 (Annexure – 1.18). Which in turn sold the land to the Andhra Pradesh Housing Board. The Action of the Government was contested by the Society vide Letter No. BCBS/LDP/LA/HCC/2004 dated 30-10-2004 (Annexure – 1.19) and refused to hand over the land, physically.

1.3.22. Thus the land remained with the Society, physically. The APIIC requested the Hon'ble Supreme Court to admit it as the 4th respondent and the Hon'ble Supreme Court rejected it.

1.3.23. The Society patiently waited for 3 years after the SLP was admitted. It came to understand that the case will be heard only in 2011 as per the order of priority. It endeavoured to expedite it in 2008. Due to its efforts the case came up in February 2009 and got postponed several times due to the preconception of the Bench with constitutional priorities. It gave its interin judgement on 16-08-2005 (Annexure – 1.20) and finally disposed it on 22-10-2009 (Annexure – 1.21).

1.3.24. Instead of issuing the allotment order, the Government preferred to file a Review Petition No. 1285/2010. This was summarily dismissed by the Hon'ble Supreme Court vide its orders dated 09-12-2010 (Annexure – 1.22). However, the Government ignored these orders and remained silent to the several representations of the Society. Finding no other option, at the last minute for filing the contempt of court by the Society, the Society a filed contempt of court petition No. (c) No-9, on 2012. This was admitted in January, 2012 disposed it directing the Government to issue the allotment orders vide the Hon'ble court order dated 11-05-2012 (Annexure – 1.23).

1.3.25. Even then, the Government maintained its stone like silence and orally stated that it do not care for the orders of the Hon'ble Supreme Court. Vexed with this situation, the Society filed a second contempt of court petition No. 9/2012 on 11-05-2012.

1.3.26. It came for hearing on 09-07-2012 and the learned solicitor General demanded an additional payment of Rs. 68,73,100/- as land price.           The court directed the Government to issue the allotment order within seven days from the date of deposit of the additional amount vide order dated 09-07-2012 (Annexure – 1.24).

1.3.27. The Society deposited the amount, promptly on 12-07-2012. Yet, the Government remained unmoved. The Society having seen the helplessness of the Hon'ble Supreme Court commenced its own endeavours and succeeded to secure the G.O. No. 678 dated 09-12-2012 issued (Annexure-1.25).

1.3.28. This was followed by another G.O. No. 110 dated 19-01-2013 (Annexure – 1.26). The District Collector has to issue the formal Patta in accordance with these G.Os to enable the Society to comply with while the case thus pending with the District Collector and not responsive to the personal and written appeals. The Society continued with the second contempt of court petition demanding deletion of the eight additional conditions incorporated in the G.O. contrary to three conditions agreed before the hon'ble Supreme Court in the case No. 5095/2005.

1.3.29. The Hon’ble Supreme Court heard the case on 10-12-2012, 04-01-2013, 25-02-2013, 26-04-2013, 08-05-2013, 26-08-2013, 02-09-2013, 20-09-2013, 27-09-2013. In other words, there were 9 times sittings by the Hon’ble Court on this simple issue. The Government during this period issued G.O. No. 492 dated 02-09-2013 (Annexure – 1.27) and G.O. No. 504 dated 20-09-2013 (Annexure – 1.28) on the same subject revising its earlier G.O. Nos. 678 dated 09-07-2012 and G.O. No. 110 dated 19-02-2013. Taking into account, this position, the Hon’ble Supreme Court disposed the second contempt of court petition no. 411/2012 on its final hearing on 04-10-2013 by directing the Andhra Pradesh Government to handover the land under reference to the Society within 4 weeks from      04-10-2013 (Annexure – 1.29). Also, it suggested Petitioner Society to approach the appropriate forum with reference to the conditions of the G.O. No. 504 dated 20-09-2013.

1.3.30. In view of this, the Society, again, went back appealing the Government to honour the orders of the Hon’ble Supreme Court by appealing to the Chief Minister, Revenue Minister, Principal Secretary (Revenue) and the District Collector, Visakhapatnam. In response, the Principal Secretary (Revenue) Government of Andhra Pradesh issued Memo No. 32383/Assn .I (2)/1992 dated 29-11-2013 (Annexure – 1.30).

1.3.31.  As such, the Society requested the District Collector, Visakhapatnam to arrange to handover the land under reference, formally and issue the Title Deed for the land.

1.3.32. The District Collector, Visakhapatnam directed the Tahsildar, Bheemunipatnam Mandalam to comply with the G.O. No. 504 dated 20-09-2013, immediately vide Rc No. 5448/1991/E1 dated 26-12-2013 (Annexure - 1.31). Accordingly, the Tahsildar, Bheemunipatanm Mandalam handed over the land under reference to the Society vide Delivery Challana dated 18-01-2014 (Annexure - 1.32).

1.3.33. The representatives of the District Collector, Visakhapatnam filed the Curative Petition in the Hon'ble Supreme Court and it was numbered as 425/2013. This came for review by a bench of 4 judges of the court and it include the Chief Justice of India on 13-02-2014 and it was dismissed by the bench vide order at Annexure --- 1.32.

1.3.34. The Society awarded a work order on M/s. Bhoomi Tech Services, Visakhapatnam to survey the land and furnish the survey drawings and contour maps for a total expenditure of Rs. 15 Lakhs. The firm submitted the drawings with its observations. It is seen from these drawings there are certain minor deviations with reference to revenue FMBS of adjacent survey nos. This has been referred to the Tahsildar and the Assistant Director Surveys and land records for necessary action on 29-04-2014.

1.3.35. The Society awarded a work order on M/s. Bhoomi Tech Services, Visakhapatnam to survey the land and furnish the survey drawings and contour maps for a total expenditure of Rs. 15 Lakhs. The firm submitted the drawings with its observations. It is seen from these drawings there are certain minor deviations with reference to revenue FMBS of adjacent survey nos. This has been referred to the Tahsildar and the Assistant Director Surveys and land records for necessary action on 29-04-2014.

1.3.36. The Assistant Director (Survey) referred the issue to a one man committee to resolve the issue. The committee member submitted his report and the Assistant Director forwarded this to the Dy. Inspector (Surveys) in the Revenue Divisional Officer office. The D.I. suggested erection of the boundary stones all round the boundary of the land allotted to the Society. The erection of the boundary stones is almost complete.

1.3.37. The Society engaged the services of M/s. EGIS India Consulting Engineers Pvt Ltd, New Delhi (EGIS) as the consultancy firms elected earlier for providing a set of services. The firm commenced its services from 12-08-2014. The entire study is expected to be completed within 24 weeks @ cost of Rs. 2,55,22,350/-.

1.3.38. The Society interacted with soil conversation experts from IIT Chennai and the consensus opinion is that the soil is very much suitable for house building

1.3.39. Now, the Society is in the process of securing the Title Deed documents, land conversion certificate etc from the concerned authorities. This expected to be completed by end of September and submit the layout plan to VUDA before the end of the year.

1.3.40. The members of the Scheme were briefed about these developments vide its letter No. BCBS/SCH/S-1/CIR-10/2014 dated 28-08-2014 (Annexure-1.34).

1.3.41. The Current position as on 25-04-2015 was informed to members vide (Annexure-1.35).

1.3.42. The progress as reported to the members as on 25-06-2015 is at (Annexure-1.36).

1.3.43. The survey drawing of the site, the Adangle and 1-B are at Annexure-1.37.

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Check of Scheme1