Dated.13–08-2010 Between: Indiramma Nagar Welfare Association rep., by its President Ahmed Pasha v. The Executive Officer, Secunderabad Cantonment Board, Hyderabad

THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN W.P. 4270 of 2001 ORAL ORDER: (Per: The Hon’ble Sri Justice Goda Raghuram) The writ petition is filed for a Mandamus declaring the action of the respondent in not assessing and collecting property tax from the residents of Indiramma Nagar Colony and not providing basic amenities as illegal and arbitrary and consequently direct the respondent herein to assess and collect the residents of Inirammanagar Colony, as otherwise petitioners will be suffered irreparable loss and injury. The sole respondent impleaded herein is the Executive Officer, Secunderabad Cantonment Board, Hyderabad. The petitioners herein are the Welfare Association and two members of that association, who are admittedly squatterers and encroachers of property in an extent of Ac.35-35 guntas in survey No. 215 of Thokatta village, Secunderabad Mandal, Hyderabad, which presumably been acquired by the Government of India and allotted to the Begumpet Airport, Hyderabad for expansion.

The petitioners claim that since they are long standing encroachers (since 1976), they have constructed small houses therein and formed petitioner-association; in 1976 itself all the houses were given house numbers by the Cantonment Board without assessing them to property tax and without providing any amenities such as sanitation, public lavatories etc., they seek relief already adverted to. The petitioners seek relief in substance against the Cantonment Board. It is neither the plea nor is it established that the Executive Officer, Secunderabad Cantonment Board, Hyderabad, is per se a statutory authority or a persona juris. Under Section 11 of the Cantonments Act, 2006 every Board (meaning ‘a Cantonment Board constituted under the Act -- vide Section 2B) shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property both movable and immovable and to contract and shall by the said name, sue and be sued.

In the context of this statutory provision, the writ petition is not maintainable while seeking relief against the Cantonment Board by impleading only the Executive Officer, Secunderabad Cantonment Board, Hyderabad. Further, since the property in question is stated to have been acquired by the Government of India under the provisions of the Land Acquisition Act, 1894 and allotted to the Begumpet Airport, Hyderabad for airport expansion, the reliefs sought herein have a potential impact on the rights of the Airports Authority of India under whose administrative control the Begumpet Airport functions and which is the body which administers the property.. The petitioners have failed to implead the Airports Authority of India. For these reasons, the writ petition must fail and is accordingly dismissed. No costs. JUSTICE GODA RAGHURAM JUSTICE RAMESH RANGANATHAN Dated: 13-08-2010 Pvks/*