NDLI: Gulf Oil Corporation Ltd. Vs. The State of Telangana & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	80 telangana Charitable and Hindu Religious Institutions and Endowments Act 1987– ss.75 82
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	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 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.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2022 INSC 953
Petitioner	Gulf Oil Corporation Ltd.
Respondent	The State Of Telangana & Ors.
SCR	[2022] 17 S.C.R. 376
Judgement Date	2022-09-13
Case Number	7759

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