GULF OIL CORPORATION LTD. versus THE STATE OF TELANGANA & ORS.

Citation: [2022] 17 S.C.R. 376 · Decided: 13-09-2022 · Supreme Court of India · Bench: HEMANT GUPTA · Disposal: Disposed off

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 17 S.C.R.
GULF OIL CORPORATION LTD.
v.
THE STATE OF TELANGANA & ORS.
(Civil Appeal Nos. 7759-7760 of 2014)
SEPTEMBER 13, 2022
[HEMANT GUPTA AND VIKRAM NATH, JJ.]
Telangana Charitable and Hindu Religious Institutions and
Endowments Act, 1987– ss.75, 80, 82 – Telangana Charitable and
Hindu Religious Institutions and Endowments Immovable Properties
and other Rights (Other than Agricultural Land) Leases and Licenses
Rules, 2003– r.15– High Court inter alia ordered the appellant-lessee
to be evicted under the 1987 Act – Whether the land in question is
agricultural land to which the 1987 Act is applicable and the lease
in favor of the lessee stands cancelled in terms of s.82(1) of the
Act; and whether the parties went to trial with the knowledge that
the land in question was agricultural land in the proceedings
between the parties before the Endowments Tribunal – Held: Nature
of land is distinct from the use of the land – Since the land is
agricultural land, its use for non-agricultural purposes would not
alter the nature of the land as an agricultural land – s.82 of the
1987 Act mentions “any lease of agricultural land….”, therefore,
the lease has to be of agricultural land irrespective of the use to
which the lessee may put such agricultural land to – Language of
the statute refers to nature of the land and not the use thereof –
Therefore, in the present case, even in terms of the written arguments
raised by the lessee before the Tribunal, the use of land for non-
agricultural purposes would be irrelevant for statutory cancellation
of the lease of agricultural lands u/s.82 of the 1987 Act – Further,
1987 Act is a Code in itself providing for constitution of the
Endowments Tribunal, appeal, revision and review – The strict rule
of procedure contemplated by the Code of Civil Procedure, 1908 in
respect of pleadings and evidence cannot be extended to the Tribunal
constituted for specific purpose – In the instant case, since the
lessees were aware of the fact that the Mutt-The lessor claims the
land to be agricultural land and statutory cancellation of the lease
was being averred for the reason that the leased land was
[2022] 17 S.C.R. 376
376
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agricultural, therefore, the lessees cannot complain of any violation
of principles of natural justice or strict rules of pleading as is
required under the CPC – The parties were aware of the controversy
about the nature of the land – Thus, the lessee cannot be permitted
to turn around to dispute the nature of land leased to them – Further,
r.15 of the 2003 Rules will have no application to the agricultural
land in view of the fact that s.82(3) and (4) is applicable only to the
land and property which is not agricultural – Since the land has
been found to be agricultural, therefore, 2003 Rules would not be
applicable to the land in question – Thus, the direction in CA
No.7761 of 2014, to consider the request of the lessee to consider
the grant of lease u/r.15 is untenable and is set aside – Andhra
Pradesh Charitable and Hindu Religious Institutions & Endowments
Act, 1966 – Hyderabad Abolition of Inams Act, 1955 – Code of
Civil Procedure, 1908.
Hyderabad Abolition of Inams Act, 1955 – Applicability of –
Held: The Inams Abolition Act is not applicable to the Mutt for the
reason that the Act itself is not applicable to charitable and the
religious institutions in terms of s.1(2)(i) up to 26.12.1985 and
thereafter in terms of first proviso to s.4(1) of the Inams Abolition
Act – Thus, any finding recorded by the Joint Collector is only for
the purposes of negating the claim of Power of Attorney holder
claiming occupancy rights – It has been categorically held by the
Joint Collector that the Act is not applicable to the Mutt – Telangana
Abolition of Inams Act, 1955 – Andhra Pradesh (Amendment) Act,
1994.
Disposing of the appeals, the Court
HELD: 1.1 What is the effect of the order dated 25.8.2007
passed by the Joint Commissioner under the Inams Abolition
Act?
The Inams Abolition Act abolished all inams (grants) by
the Nizam. The Act contemplates adjudication of matters in
relation to grant of occupancy rights and certificates in respect of
inam lands covered by the Act and vested with the Government,
inquiry into the nature and history of such lands, determination
of compensation payable to the Inamdar and apportionment
GULF OIL CORPORATION LTD. v. THE STATE OF
TELANGANA & ORS.
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SUPREME COURT REPORTS
[2022

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