Telangana govt to clear the way to legalise disputed Paigah land

This will unlock an estimated Rs 1,000 crore in registration revenue.

Hyderabad: The Telangana government has decided to permit conditional registrations on long-disputed Paigah lands, a move that could regularise thousands of existing constructions in prime real estate pockets such as Hafeezpet, Kondapur and areas near Hitech City, while unlocking an estimated Rs 1,000 crore in registration revenue.

The decision is expected to benefit thousands of property owners whose buildings, apartments and gated communities have come up over decades on land covered under Civil Suit (CS) no 14 of 1958 and CS no 7 of 1958, where ownership disputes between the government and private parties remain unresolved, The Times of India reported.

600 acre already built up amid litigation

Spread across nearly 1,500 acre in Ranga Reddy and Medchal-Malkajgiri districts, the Paigah lands have been the subject of litigation for more than six decades. Officials estimate that constructions have already come up on nearly 600 acre, particularly in Serilingampally mandal, where large-scale development took place despite the unresolved disputes.

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Hafeezpet, where disputed Paigah land in survey numbers 77 to 80 has seen extensive urbanisation, is among the most prominent examples cited. Of the 484 acre in Survey no 80 alone, officials estimate that buildings, apartment complexes and gated communities now cover 430 acre, leaving little vacant land.

Officials said the government had lost several court cases, including before the Supreme Court, resulting in registrations being carried out on the basis of judicial orders, while in other instances, the Greater Hyderabad Municipal Corporation (GHMC) had granted high-rise permissions following court directions. 

At present, registrations on Paigah lands remain largely prohibited except where permitted by court orders, and the government is also considering allowing registrations on certain Gurukul Trust and Ayyappa Society lands, TOI reported, citing sources.

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Minister announces removal from prohibited list

Revenue Minister Ponguleti Srinivas Reddy has announced that the government will remove CS-14 and CS-7 lands from the prohibited list under Section 22A and allow “conditional registrations,” under which registration documents will clearly state that ownership rights remain subject to the final outcome of pending proceedings before the Supreme Court and the Telangana High Court.

Revenue Department Principal Secretary DS Lokesh Kumar told TOI that the government would issue instructions on CS-14 and CS-7 lands on a case-by-case basis, taking into account the various court judgments relating to the properties.

Dispute traces back to 1958 Paigah partition

The dispute dates back to 1958. Of the two cases, CS-14 is considered particularly significant, as it relates to the partition of the Matruka properties of Nawab Khursheed Jah Paigah. Over the years, courts have passed final decrees on several properties, many of which have since been upheld by the Supreme Court, although the state government continues to assert ownership claims over portions of the land.

Government sources told TOI that a memo issued in May 2009, based on an expert committee’s recommendation, had directed mutation in favour of decree holders and their registered assignees over CS-14 lands, after which the lands were placed under Section 22A of the Indian Registration Act, prohibiting registrations. 

Despite the prohibition, large-scale unauthorised construction continued, officials said.

In survey numbers 77 to 80 of Hafeezpet village, where court decrees have been confirmed up to the Supreme Court, the land remains under prohibition even though only about 50 acre in Survey no 80 remain vacant, with the rest occupied by residential colonies and commercial developments.

Similar disputes in Hydernagar, Shamshabad

Similar disputes persist elsewhere in the state. In Survey no 172 of Hydernagar village near Kukatpally, spanning 192 acre, the Supreme Court in June 2023 directed private parties, barring 54 acre covered under Original Side Appeal (OSA) no 55 of 2004, to establish ownership afresh. 

In Ghansimiyaguda near Shamshabad, land in survey numbers 3 and 4 continues to face encroachments, while certain CS-7 lands lie in Hasmathpet and other areas.Since the land covered under OSA 55 is exempt from the Supreme Court‘s judgment on Survey no 172 in Hydernagar, the state government is considering using the remaining land for a 2BHK housing scheme for the poor, according to TOI.

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