The Andhra Pradesh Government Property (Preservation, Protection and Resumption) Act, 2007.

THE ANDHRA PRADESH GOVERNMENT PROPERTY (PRESERVATION,
PROTECTION AND RESUMPTION) ACT, 2007
(ACT NO. 11 OF 2007)
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and Commencement
2. Annulment of certain transactions
3. Payment of compensation
4. Overriding effect
5. Repeal of Ordinance No. 12 of 2006
Schedule-I
Schedule -II
THE ANDHRA PRADESH GOVERNMENT PROPERTY (PRESERVATION,
PROTECTION AND RESUMPTION) ACT, 2007
ACT NO. 11 OF 2007
[11th  April, 2007]
AN ACT TO PRESERVE, PROTECT AND RESUME CERTAIN PROPERTY
OF THE STATE IN PUBLIC INTEREST AND ANNUL THE
TRANSACTIONS ADVERSELY AFFECTING THE TITLE AND
INTEREST OF THE STATE THEREIN.
Whereas, valuable pieces of land and stadia belonging to Government
of Andhra Pradesh have been either transferred or agreed to be transferred
to a private party in a non-transparent manner at abnormally low prices and
on such terms and conditions which are unconscionable and not in public
interest;
And whereas, the transferees have also not fulfilled the essential
terms and conditions forming the basis of such transactions except for
paying the unconscionable low price;
And whereas, the land though given in possession of the transferees
remain as they were without anything done or raised thereon;
Be it enacted by the Legislative Assembly of the State of Andhra
Pradesh in the Fifty-Eighth Year of the Republic of India as follows:-
1. Short title, extent and commencement  - (1) This Act may be called the
Andhra Pradesh Government Property (Preservation, Protection and
Resumption) Act, 2007.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall be deemed to have come into force with effect on and from
the 20th November, 2006.
2. Annulment of certain transactions - With effect from the date of coming
into force of this Act, the following consequences shall follow: -
(a) the transactions as enumerated in Schedule-I and any
instrument including a deed of sale, memorandum of
understanding and agreement relating to property
enumerated in Schedule-II entered into by or on behalf of the
State of Andhra Pradesh in exercise of its executive power and
which have the effect of transferring or agreeing to transfer by
way of sale, lease or otherwise, the State ownership or interest
therein to any private party shall stand annulled and be
deemed to be void from the date on which they were entered
into or executed as being unconscionable and not in public
interest;
(b) any arbitration clause forming part of any agreement being
a part of such instrument as is referred to in clause (a) shall
also stand annulled and be deemed to be void from its
inception;
(c) possession over property enumerated in Schedule-II shall
forthwith stand resumed and restored to the Government of
Andhra Pradesh;
(d) all rights and liabilities arising out of or incidental to the
said transaction or instrument shall cease and determine
except for payment of compensation as provided by
Section 3.
3. Payment of compensation  - (1) Consequent upon the annulment of
transactions and instruments under Section 2, the transferee shall be
entitled to be paid a reasonable compensation by the Government of Andhra
Pradesh.
(2) The amount of consideration recited in any instrument enumerated
in Schedule 1 with interest calculated at the rate of 12% per annum shall be
deemed to be the reasonable compensation within the meaning of sub-
section (1).
4. Overriding effect  - The provisions of this Act shall be given effect to
notwithstanding anything contained in any instrument or enactment for the
time being in force.
5. Repeal of Ordinance No. 12 of 2006  - The Andhra Pradesh Government
Property (Preservation, Protection and Resumption) Ordinance, 2006 is
hereby repealed.
SCHEDULE-I
(See Section 2)
Transactions of property entered into by State of Andhra Pradesh
annulled hereby:-
1. Memorandum of Understanding entered into on August 9, 2003
between Government of Andhra Pradesh represented by Miss Chandana
Khan, Principal Secretary to Government of Andhra Pradesh for Sports,
Youth Affairs, Tourism and Cultural Affairs.
And
IMG Academies Bharatha Private Limited, a company incorporated
under the provisions of the Companies Act, 1956 claiming to be 100%
subsidiary of IMG Academies East Limited and a part of IMG World Wide
with headquarter located in Florida, USA represented by Mr. Andrew J.
Krieger, Chairman, IMGB.
2. Deed of Sale executed on February 10, 2004 and registered on the
same day between the Government of Andhra Pradesh represented by Vice-
Chairman and Managing Director, Sports Authority of Andhra Pradesh and
M/s. IMG Academies Bharatha Pvt. Ltd, in respect of 400 acres of land in
Survey No. 25 situate at Kancha Gachibowli village, Serilingampally Mandal,
Rangareddy District more specifically described in Schedule of Property
forming part of the sale deed.
3. Agreement to sell in respect of 450 acres of land situate in Survey
No. 99/1 of Mamidipally village, Rangareddy District near new International
Airport.
4. Agreement to sell one to five acres of land in the area on the main
road from Banjara Bills, Hyderabad to Shilparamam, Madhapur,
Rangareddy District.
5. Agreement to lease with right to purchase the land and buildings
and equipments comprised in stadia and agreement to manage and utilize
SAAP facilities and share revenues.
SCHEDULE -II
(See Section 2)
Description of property transferred or agreed to be transferred through
transactions annulled hereby:-
1. 400 acres of land in Survey No. 25 situate at Kancha Gachibowli
Village, Serilingampally Mandal, Ranga Reddy District.;
2. 450 acres of land in Survey No. 99/1 of Mamidipally village, Ranga
Reddy District, near new International Airport.
3. Stadia situate in the city of Hyderabad which include GMC Balayogi
Sports Complex, Gachibowli, Indoor standium Gachibowli, Acquatics
Stadium Gachibowli, KVB Reddy Indoor Standium Yousufguda, Hockey
Stadium Gachibowli, Indoor Stadium Saroornagar, SAAP Veldrome Osmania
University, L.B. Stadium Tennis Complex and Indoor Stadium, Shooting
Range, University of Hyderabad etc.
4. One to five acres of land in the area on main road from Banjara
Hills, Hyderabad to Shilparamam, Madhapur, Ranga Reddy District.
                                                T. MADAN MOHAN REDDY,
  Secretary to Government,
       Legislative Affairs  & Justice,
          Law Department.

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