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LAND LAWS

Unit 1

Topic 1:- Classification of Land: Ownership of Land : Absolute & limited.

Topic 2:- Doctrine of Eminent Domain.

Topic 3:- Doctrine of Escheat & Bonavacantia.

Unit 2

Topic 1:- The Movement of land reforms before Independence.

Topic 2:- Land Reforms after Independence.

Unit 3

Topic 1:- The Land Acquisition Act 1894.

Topic 2:- The Requisition and Acquisition of Immoveable Property Act 1952.

Unit 4

Topic 1:- The A P Land reforms (Ceiling on Agricultural holdings) Act 1973

Topic 2:- The Urban Land (ceiling & Regulation) Act 1976

Unit 5

Topic 1:- The A P Scheduled Area Land Transfer Regulation Act 1959.

Topic 2:- The A P Assigned Lands (Prohibition of Transfer) Act 1977.

Topic 3:- The A P Land Grabbing (Prohibition) Act 1982.

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UNIT – 1

Topic 1: Classification of Land: Ownership of Land: Absolute & limited.

Land meaning: Generally means Soil, Mud, Earth, Plot, Entire Nation, World, Government,

Territory etc.

Concept and Nature of land: It is a free gift of nature a source of creating sustenance and

destruction of living and non living organisms.

Ex: Human beings, Animals, Plants, Trees, Reptiles, House, Building, Sea, Ocean,

Mountain, Volcano and all living creations.

It is the prime factor among the four factors of production namely Land, Labour, Capital and

Organization or Entrepreneurship.

Its ranks the second position among the four elements constituting a sovereign state namely

Population, Territory (Land), Government and sovereignty.

The value of Land in terms of Economic growth and developments of any given country is

enormous.

The land cannot be extended or expanded horizontally expect by the way of artificial

methods of filling up sub soils by soils or by earthquakes, Tsunami etc. (Act of God or Vis

Major).

Hence, it can be said that the progress and prospectus of any country largely depends upon

the geographical nature yielding quality intrinsic value and extent of territory.

Kinds of Land:- 1) Urban land 2) Rural land 3) Forest land 4) Sea land

Lands can be used for:-

1) Residential or dwelling purpose.

2) Agriculture purpose, i.e., Dry land and Wet land.

3) Non-agriculture purpose i.e., Factories, Companies, Schools, Colleges, Banks,

Hospitals, Employments, Gardens, Amusement parks, Offices etc.

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4) Waste land:- For grazing of animals Dumping scrap, Waste, Drainage, Hazardous

substances like chemicals, Dead animals, deceased persons, Burial ground etc etc.

Ownership of Land definition and meaning: When a person has comprehensive rights over a

certain existing land who can enjoy and exercise the following rights like:-

1) Right to use.

2) Right to exclude others from using it.

3) Right to dispose or transfer.

4) Right to destroy.

Here, person includes and implies a Natural person, Individual people and also artificial

person as Company, State Government etc.

Kind of Ownership:-

1) Original: - i.e. any person enjoying a land or anything without having any owner or Res

Nullius.

Ex: A fish in pond, an animal in the forest.

2) Derivative: - i.e. ownership caused by Original owner

Ex: Sale, Will, Mortgage, Gift etc.

Modes of Acquisition of Original Ownership:

1. By occupying space

Ex: a fish in the pond, a bird in the sky, an animal in the forest.

2. By inventing a new thing or design.

3. By accessories or added benefits

Ex: When a person is the owner of a tree, it gives fruits, he becomes owner to the

fruits also, when he own a cow, it gives a calf, he becomes owner to the calf also.

Modes of Acquisition of Derivative Ownership: - 4 ways

1) Possession – Means to have anything or object under ones physical control it in facts

and rights.

2) Prescription – The vesting of a right by reason of lapse of time over an undisturbed

possession of land.

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Ex: If a right is created then it is Acquisitive or Positive prescription.

If a right is destroyed then it is Extinctive or Negative.

3) Agreements - Between two person‟s inter-vivos.

Ex: Sale, Gift, Exchange, Mortgage by conditional sale.

4) Inheritance – i.e. Succession either by testamentary by wills and by intestate without

wills.

Topic – 2 Doctrine of Eminent Domain

Eminent Domain-meaning- the power of the king.

Doctrine of Eminent Domain means: The king acquires the land of a private person for the

purpose of public interest works. Here public interest works means any work or project which

is required for public at large towards their health, education, convenience, safety and

peace, etc,.

Ex: Road widening, public toilets, bus stand, public shelters, schools, parks, hospitals, water

tanks, etc,.

Objects and Purpose:- The ultimate right of the sovereign power is to appriotiate not only

the public property but the private property of all citizens within the territorial sovereignty to

public purpose.

The Chief Characteristic features of Eminent Domian

1) The king acquires the land of a private person.

2) Here, compensation is paid to the land owner accordingly.

3) Here, the king is the absolute authority or sovereign of that particular land or country.

4) The decision of the king is final and absolute.

5) Every person is bound to obey the command of the king.

Position in India:-

Now-a-days in India, as it is a democratic country the state or parliament or local authority is

treated as a king and sovereign.

So, the Doctrine of Eminent Domain is executed by means of the above mentioned authority.

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Ex:- In case of road widening the State comes and takes over the land required for the public

interest work.

The same is followed in case of Railways, Airports, School, Hospitals, etc,.

Other Synonymous to Eminent Domain:-

1) Ex-propriation:- A situation where no compensation is made for confiscated property.

2) Condemnation:- The legal process whereby real property generally a building is

deemed to be unfit for habitation due to its physical defects in accordance with Law.

Hugo Grotius is treated as the originator and first person to use this term Eminent Domain in

his book “De Jure Belli Et Pacis”.

The term Eminent Domain is defined and explained in the Wikipedia the free Encyclopedia

reads as follows “In law Eminent Domain is the power of the state of appropriate private

property for its own use without the owner‟s consent. Government must commonly use the

power of Eminent Domain when the acquisition of real property is necessary for the

completion of a public project such as a road and the Owner of the required property is

unwilling to negotiate a price to its sale.

Legal Maxims supporting the of Doctrine of Eminent Domain.

1) Nemo forestaus habet nisi rex = Forest belong to no one but the king.

2) Salus pouli est supreme lex = Welfare of the people is paramount Law.

3) Necersita public major est quam = Public necessity is greater than private property.

4) Malieur serra prize pour le roy = The best shall be taken for the king.

5) Dominus omnium in regno terrarrum rex hobendus = et eb eu omnes tenent it a

temen at suum euiquiest = The sovereign is first seized of all lands of him all other

hold so that everyone has his own.

6) Quando jus domain regiset subditi concurrent jus regis praeferi debet = Where the

title of the king and the title of a subject concur the king title must be preferred.

Conclusion:-

In short and in a modern sense Eminent Domain means the supreme power of state/central

government to acquire private immovable property for public purpose lieu of payment of

compensation firstly asserted by the Authorized/Competent authority in a given policy.

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Eminent Domian Police Power Powers of taxation

1) It‟s a sovereign power

exercised subject to public

convenience with the

ultimate objects of meeting

public welfare & purpose.

2) Exercised distantly for

different purpose based on

nature and object of public

purpose.

3) Unopposed authority

inherits power of state

subject to payment of

compensation to the person

interested.

4) Originates out of the

constitutional provision.

5) Operates sometimes

harshly and unequivocally

towards the people.

6) It deprives the rights in the

property i.e. immoveable

property only and acquires it.

1) Exercise to ensure „inter

alio‟ that the Law and Order

is enforced properly to

achieve public progress.

2) Exercised uniformly in all

similar situations.

3) It is the subject to scrutiny

of the execution and Judicial

wings in Government.

4) Originates from legal

process.

5) Provides security to

person and property

1) Its Legal power not

exercised for law income

society.

2) Exercised to impose and

collect taxes.

3) There the state need not

pay any compensation to the

person.

4) It can be exercised

against any property

moveable and immoveable.

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Topic 3:- Doctrine of Escheat & Bonavacantia.

Escheat – Meaning:- Any property of which the Owner dies intestate and without leaving any

legal heir. It includes both moveable and immoveable property

Doctrine of Escheat:- Means the government executing the property of escheat or taking

away a property of which the owner dies intestate without a legal heir.

Bona Vacantia:-

1) Any property situated in the state of which there is no rightful owner but it does not

include Escheat or any moveable property in a public place.

2) In case, if any person claim such property as the owner, then after the lapse of

reasonable time given to him towards claiming ownership of such property.(Generally

3 months)

Application of Escheat:

1) For Hindu : A/H.S Act 1956 section 29 contain provision of Escheat as when there

are no class I, II, agnate, cognate of a Hindu dying intestate then the property is

taken away by the government in the form of Escheat.

2) For Muslims: Escheat is treated as Bail-ul-mal (public treasury) only for the benefit of

Muslims which are divided into two forms.

a) For Sunni Muslims : On failure of all the heirs and successors, the property of

the deceased Sunni Muslim – Escheat to the government.

b) For Shia Muslim on failure of natural heirs, the property of the deceased Shia

Muslim – Escheat to the government.

c) Other than Hindu & Muslim – As per Indian Succession Act.

The Andhra Pradesh Escheat and Bona Vacantia Act 1974:

Synopsis – Total 5 chapters – 17 sections extends to whole of A.P.

Chapter I: Preliminary – sec 1 and 2

Chapter II: General - sec 3 to 6

Chapter III: Declaration of Property as an Escheat or Bona Vacantia and its disposal – sec 7

to 13

Chapter IV: Moveable property found in public place – Sec 14

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Chapter V: Miscellaneous – sec 15 to 17

The Chief characteristic features of this Act are as follows:

1) Inquiry:- Whenever the Local Officer receives information from any source that any

property is in the nature of an Escheat or Bona Vacantia is situated or lying within

its jurisdiction he shall cause an inquiry to be made in respect thereof - section 7.

2) Recovery of possession:- Where as a result of the inquiry U/s 7 the Local Officer is

satisfied that the property is in the nature of an Escheat or Bona Vacantia in

possession of a person who has no authority to claim – section 8

3) Instituting a Suit:- When any person resists to surrender such possession on

demand the officer may after obtaining the sanction of the competent authority

institutes a suit in a court for declaration for the Government rights to property and

for recovery of possession of such property – section 8

4) Taking Possession:- Where the court had declared that the property is an Escheat

or Bona Vacantia the Local Officer shall obtain the possession there of through the

court and manage it or dispose it off in such manner as may be prescribed - section

8

5) Taking into Custody:- Where the property is in the nature of an Escheat or Bona

Vacantia is not in possession of any person or where the person in possession

surrender such possession when demanded, the Local Officer shall take the

property into his custody and arrange for its care and maintenance until the claim is

settled under – section 11

6) Procedure for declaration of property to be Escheat or Bona Vacantia – section 11.

a) The Local Officer after taking the custody of the property shall publish and call upon

the person who may have any claim to such property within 3 months from the date

of publication.

b) If no claim is preferred within the said period of 3 months the Local Officer shall

declare the property as Escheat or Bona Vacantia.

c) If any person preferred claim within the said period of 3 months the Local Officer

shall refer the claim to the court for its decision, whereby it gives notice to the Local

Officer and claimant to decide the reference in the form of a suit.

d) When the court decides that the property rightfully belongs to the claimant then the

Local Officer shall deliver it to the claimant otherwise the court declares such

property as Escheat or Bona Vacantia.

7) Publication of declaration:- The Local Officer shall publish a notification thereof in

the A P Gazette and in local newspaper of the district where the property is situated

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or lies and shall also cause an announcement of declaration to be made by beat of

drums in the village in which the property is situated or lies – section12

8) Disposal of property by the Local Officer in certain cases – section 10:-

a) By way of inventory - taking the custody of the property in presence of four or more

respectable persons and sending a copy forward to the competent authority.

b) By way of public auction - in case of immovable property by a revenue authority and

held in deposit.

c) Sale of perishable:- which involves considerable expenditure for its protection or for

any other reasons then by public auction.

d) In case of moveable property worth not more than Rs 50/- then sold by public officer

as prescribed and credit it to the government.

9) Disposal of moveable property in public place – section 14

a) It becomes the property of the finder as against everyone except the true owner.

b) The finder may handover any moveable property so found to the officer-in-charge of

the nearest police station.

c) Any Magistrate who receives such property from the police officer may dispose it or

deliver to the person entitled (true owner).

10) Competency and person authorized in this Act:-

a) Board of revenue or any officer or authority empowered by government as Chief

Controlling Authority in all matters connected with the administration of Escheat or

Bona Vacantia – section 4

b) Local Officer - District collector through notification of the government – section 5

c) Other officers to assist the Local Officer by notification of the government - section 5

11) Power of disposal of Escheat or Bona Vacantia – section 6

a) By the Government irrespective of its value.

b) By competent authority ≥ Rs.10,000/-

c) By Local Officer ≥ Rs. 2000/-

d) Sale by Government of Escheated immovable property only after 12 years in

possession of the Government – section 13.

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Eminent Domain Escheat Bona Vacantia

1) The king or sovereign

state is the supreme and

absolute power.

2) It is related only to

immoveable property that is

land.

3) Purpose for public interest

works after compensating

the land lord.

4) Consent of the land lord is

immaterial.

5) The Supreme Power does

some public interest work

over the acquired land

Ex: Roads, schools,

hospitals, colleges, etc.

6) Property is never reverted

to the land lord.

7) There is no partiality or

discrimination amony Hindu,

Muslim and others.

8) Generally executed by the

king or government or

authorized person thereof.

9) No chance of disposal of

property.

10) Publication, Notification

1) The court is the absolute

authority.

2) Both immoveable and

moveable.

3) Purpose when no legal

heir is present of person

dying intestate.

4) Any claim over the

property is allowed up to a

reasonable time i.e. 3

months

5) It retains in its position and

later disposes it.

6) When the Government is

satisfied and believed that

the claim is relevant and

entitled then the property is

given to the claimant.

7) For Hindus – Hindu

Succession Act governs and

for Muslims – Muslim Law

and for others Indian

Succession Act follows.

8) By Local Officer

(Collector) or any officer

appointed by government.

9) Disposal after lapse of 12

years in possession by the

government.

10) It‟s mandatory

1) The court is the absolute

authority.

2) Only immoveable

3) Purpose when a land is

vacant of no rightful owner.

4)---------same----------

5)----------same----------

6)----------same----------

7) No such facility.

8)----------same----------

9) Disposal at any time.

10) ----------same----------

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is not mandatory.

11) Court does not involve.

12) It applies to the whole

India.

11) Court involves for

deciding.

12) It applies with concern

laws like A P Escheat and

Bona Vacantia Act 1974 etc.

11)-----------same----------

12)-----------same----------

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Unit 2

Topic 1:- The Movement of land reforms before Independence.

Position in India:-

The land was the only important source of revenue for rulers, there was an inter link between

the village structure and the land in India.

The relation between the villages and the Government were very least consideration, the

essential contract between the villagers and outside world was through the Revenue

Collector. There was next the occasional intervention of judicial officer in the cases of

serious crimes.

There was a vast domination of British proceeded by Dynasty of Guptas, Mouryas, Nizams,

Moghals etc.

1) ZAMINDARY SYSTEM:- Chief characteristic features

1. Zamindar means a Tax Collector on behalf of the British Government.

2. Introduced by the Diwan.

3. Generally one third of the gross produce was collected as tax called as

Jamabandi, assessment of land revenue from the peasants either in cash or

kind.

4. The Zaminder used to pay nine-tenth to east India Company and retain tenth

as his remuneration.

5. If the Zaminder fails to collect the tax from the peasants the authorities used

to impose fines, imprisonments or flogging etc.

6. The Britishers used to exploit the peasants and Zaminders in a harsh, cruel

and hard manner.

7. Warren Hastings, Corn Wallis, William Bentinck etc. brought several

administrative changes in the Land Revenue as Bengal, Bihar and Orissa into

districts by virtue of „Plan of 1772‟.

8. By „Plan of 1772‟ provincial councils were formed by appointments of „Naibs‟

replaced by English collector followed by the Regulating Act 1773.

9. On 22/03/1973 „The permanent settlement of Land Revenue‟ was

established. The Zamindars were treated as land owners and several

changes took place.

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a) The Zamindary system was exclusively prevailing in the districts and states of

Bengal, Bihar, Orissa, Banaras and northern sarkards upto to year 1802.

2) RYOTWARI SYSTEM: Chief characteristic features.

1. Here, we find the direct relation with the cultivators and the British Authority.

It was first adopted by Madras Province in Mysore and some other Southern

region.

2. There used to be a temporary settlement in aspects of extent of land quality

and land productivity on individual cultivator basis generally to a period of 30

Years.

3. There were no Zaminder resulting into small holdings an average of six and

half acres.

4. The Share of the Government was eventually fixed at half the estimated net

value of the crop after deducting the expenses of cultivation and other

incidental changes.

5. The Revenue is collected by Local British Authority such as Munsab, Karnam

etc.

6. The peasants were enjoyed free tenures meaning Any Improvement in the

land enhancement of prices of food grains etc. would be benefited without

any interference of the Authority.

7. The Peasants could sell or transfer his land as he liked by following the

provision of Transfer of Property Act 1882.

8. The real tiller gained security and freedom from oppression.

9. This system was also adopted in Bombay Gujarat and the Deccan with

different names as Patel, Talari, Talukdan, Marulatdas, Deasi, Karnam etc.

3) MAHALWARI SYSTEM – Chief characteristic features:

1) Here, Mahalwari means money lender, financier.

2) Under this system, the peasants used to get money from the Mahalwar to pay

the taxes to the British Crowns.

3) There used to mortgage their agricultural land as a matter of security for

payment of mortgage money.

4) The Mahalwars used to levy huge rate of interest for the principal money

taken by the peasants.

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5) The peasants sometimes failed to pay the loan amount whereby their

agricultural lands where taken away by the Mahalwars, making the peasants

landless and poor persons.

4. JAGIR OR JAGIRDARI SYSTEM – Chief characteristic features

1. The word „Jagir‟ literally means „place taken‟

2. When the tract of the country was distant from Head Quarters and difficult to

manage the State appoints a „Jagirdar‟

3. His duty is to collect and appropriate revenue and in return keep the country in

order and maintain a body of troops for local and other services (Military)

4. Generally, revenue would be collection of rents, due payments and specific

loans.

5. There would be co-ordination of officers employed in the civil, revenue or police,

military departments to avoid misappropriation of funds.

6. There used to either conditional or unconditional Jagir. Meaning – a conditional

Jagir is one who is granted to meet the expenses of some office, public or private

or some specific duty. A unconditional Jagir is one who is granted independently

of any office for the maintenance of dignity along with attenders and troops.

7. A Jagir was liable for forfeiture against failure of performance and misconduct or

at the displeasure of the emperor.

5. INAMDARI SYSTEM: Chief characteristic features

1. Inam means an Inam land or an assignment of land revenue on such Inam land.

2. Inam land means any land, the grant of which in Inam has been made, confirmed

or recognized by the government and includes any land in the merged territory on

Vanaganapalle or in respect of which the grant in Inam has been made.

Topic - 2 Land Reforms after Independence.

POSITION IN INDIA: - UntiI 14-08-1947, the Crown of British was the real sovereign of this

country. We got Independence in the midnight of 14/08/1947. The constitution of India came

into force with effect from 26/01/1950 then the crown ceased to have legal and constitutional

head "lndia” declared by the Preamble itself sovereign.

Changes of Land Reforms after Independence are as follows:-

1. Fundamental Rights (Art 12-35) are provided to all the citizens of India.

2. Directive Principles (Art 36-51) and fundamental duties Art 51A are adopted

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3. The Congress Agrarian Reforms committees were formed.

4. The Kumarappa committee report 1949 was formed.

5. Abolition of intermediataries i.e. Zamindaris, Ryotwary etc.

6. Tenancy reforms are established.

7. Ceiling on land Holdings (Agricultural and Non Agricultural)

8. Distribution of surplus land to the schedule track, landless poor people backward class

etc.

9. Consolidation of holdings.

10. Fixation of taxes on lands in Buildings etc.

11. All the necessary means measures and steps taking for the purpose of justice to all land

holders by the byelaw Amendment of Acts and existing laws.

12. Land Reforms after Independence in the State of Andhra Pradesh:

The A.P. area Inams Assessment Act, 1955.

The A.P. (Telangana Area) Abolishment of Inams Act, 1955.

The A.P.(Andhra Area) Inams (Abolishment and Conversion into Ryotwari) Act, 1956.

The A.P. (Andhra Area) Tenancy Act, 1956

The A.P. Schedule Areas Land Transfer Regulation Act, 1973.

The A.P. Building (Lease, Rent and Eviction) control Act, 1960.

The A.P. Forest Act, 1967.

The Land Reforms (Ceiling on Agricultural Holding) Act, 1973.

The A.P. Escheat and Bona-Vacantia Act, 1974.

The Urban Land (Ceiling and Regulation) Act, 1976.‟

The A.P. Assigned Lands (Prohibition of Transfers) Act, 1977

The Forest (Conservation) Act, 1980

The A.P. Land Grabbing (Prohibition) Act, 1982.

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UNIT 3

Topic 1:- The Land Acquisition Act 1894.

Synopsis:- Part-1: Preliminary = Sec 1 to 3

Part 2: Acquisition = Sec 4 to 17

Part 3: Reference to court and Procedure Sec 18 to 28

Part 4: Apportionment of compensation Sec 29 & 30

Part 5: Payment Sec 31 to 34

Part 6: Temporary occupation of Land Sec 35 to 37

Part 7: Acquisition of land for Companies Sec 38 to 44B

Part 8: Miscellaneous Sec 45 to 55

So, totally 8 parts and 55 sections .Let us discuss them one by one in a detailed manner.

Part I: Preliminary deals with definitions.

1. Land - mean and includes

b) Benefits arise out of land

c) Things attached to the earth or permanently fastened to anything attached to

the earth.

2. Local authority - includes a town planning authority by any law, time being in force.

3. Persons interested - includes all persons claiming an interest in compensation subject to

acquisition of land and also in an easement affecting the land.

4. Collector - means the collector of a district and inc a deputy commissioner and any special

officer appointed by the appropriate government.

5. Appropriate government- means in relation to the acquisition of land for purpose of the

union - the central government and for any other purpose the state government.

6. Company - means

a) A company as defined in Sec 3 of Companies Act other than a Government

company.

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b) A society registered under the Society's Registration Act 1860 or any existing

law.

c) Co-operative society within the meaning of any existing law.

7. Court- means a principal civil court of original jurisdiction unless the Appr. Government

has appointed a special judicial officer.

8. Corporation owned and controlled by the state - means anybody corporate established by

or under central,Provincial or State Act and Inc a Government Company, Registered

Society, Co-operative Society etc.

9. Entitle to Act - Trustees for other persons beneficially interested, a married woman,

guardian of minors, committee or manager of lunatics or idiots - provided to the satisfaction

of the Collector or court showing an adverse interest in the subject matter.

10. Public purpose: - The provision of land for:

a) Town or rural planning ,

b) Corporation owned or controlled by the state.

c) Residential purpose to poor and landless.

d) Persons residing in areas affected by natural calamites

e) Carrying out educational health or slum clearance scheme sponsored by

Government or any law in force.

f) Any premises or building for locating a public office.

g) Village sites or building for locating a public office.

Part-2 Acquisition Sec 4 to 17 Synopsis.

1. Preliminary investigation Sec 4 & 5

2. Objection Sec 5A

3. Declaration of intended Acquisition Sec 6 to 10

4. Enquiry into Measurements Sec 11 to 15

In values, claims, Awards by collector

5. Taking possession Sec 16 & 17.

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Sec-4 Preliminary Investigation means:-

a) Whenever it appears to appropriate government that land in any locality is needed or

is likely to be needed for any public purpose or a company, then a notification is

published in the official Gazette and in two daily news paper (including, Regional

Language) circulating in such locality mentioning the last date provided at convenient

places.

b) Thereupon, it shall be lawful for any competed officers and his servants or workmen

to enter upon and survey, mark, levels, boundaries, lines, trenches, dig or bore. In to

subsoil and to do all other acts necessary to ascertain the purpose.

c) No person shall enter into any building or upon any enclosed court or garden

attached to a dwelling home without the consent of the occupier either orally or

documentarily.

Sec – 5 Payment of damage: - The officer so authorized shall at the time of such entry pay

or tender payment for all necessary damage to be done as aforesaid. In case of any dispute

the collector or other chief revenue officer of the district decision would be final.

Objection: Sec 5A Limitation or conditions: Objection by persons interested against

publication of notification:

1. Within 30 days from the date of publication U/s 4 of this Act.

2. After one year from the date of publication after the commencement of the L A

(Amendment) Act 1984.

3. After 3 year from the date of publication the Land Acquisition (Amendment and validation)

ordinance, 1967.

4. Procedure:

1. Every objection(s) or report(s) shall be made to the collector in writing and

given opportunity of being heard.

2. Either in person or by any person authorized by him or by a pleader

3. When the appropriate government is satisfied after considering the report

a declaration shall be made to that effect under the signature of a

secretary to such government.

4. Declaration is made time to time in respect different parcels of any land

covered by the same notification through a duly authorized officer.

5. The decision of the appropriate government on the objection shall be final.

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6. Every declaration shall be published in the official Gazette and in two daily

newspaper (including, Regional language) given at convenient place.

Exceptions to Sec 5A:-

1. When land is not needed for a public purpose or for a company.

2. When the compensation is awarded neither by a company or public revenue or a local

authority.

3. When the land is not acquired by this Act.

4. When the objection is not a person interested or entitled to act.

5. In case of Doctrine of Escheat or Bona Vacantia or Eminent Domain.

Declaration of intended acquisition Sec 6 to 10.

Sec-6 Declaration that land is required for a public purpose:

a) When the appropriate government is satisfied after considering the report or

objection made U/s 5A that any particular land is needed for public purpose or for a

company a declaration shall be made to that effect under the signature of a secretary

to such government or a duly authorized officer.

b) Every declaration shall be published in the official gazette and in two daily

newspapers including regional language circulating in such locality and given at

convenient places mentioning last date of publication as public notice.

c) The said declaration shall be a conclusive proof or evidence that the land is needed

for public purpose or for a company.

Sec 7: After declaration collector is ordered for acquisition of the land as directed by the

appropriate government or duly authorized officer.

Seo-8: Land to be marked out measured and planned by the collector after declaration and

acquisition of the land.

Sec-9:

1. Notices to person interested: The collector shall then cause a public notice to be given at

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convenient places on or near the land to be taken stating that the government intends to

take possession of the land and that claims to compensation for all interest in such land may

be made to him.

2. The notice consist of the following:-

a) All particulars of the land so needed.

b) All persons interested to appear before the collector.

c) Either personally or by agent in writing.

d) Within 15 days from date of publication of notice.

e) To state the nature of their respective interest in the land.

f) The Amount and particulars of their claims to compensation.

g) Any objection as to the measurement of land.

3. The collector shall also serve notice to the same effect to the occupier of such land and on

all persons known or believed to be interested therein or to be entitled to act so interested,

as reside or have agents authorized to received service on their behalf within the revenue

district limit.

4. In case any person, so interested resides elsewhere having no agent then notice shall be

sent to him by post in a letter addressed to him at his last known residence or place of

business.

Sec-10: Power to require and enforce the making of statement as to names and interested

means, the name of every other person possessing any interest in the land or any part

thereof as co-proprietor, sub-proprietor, mortgage, tenant or any rents or profits receiving or

receivable up to 3 month.

Every such persons shall be deemed to be legally bound to do so to make or deliver

statements (objection if any) within the meaning as given under Sec 175 and 176 of IPC-that

is:-

Sec 175 - Omission to produce document to public servant or court of Justice by person

legally bound to produce it -whoever being legally bound to produce or deliver up any

document to any public servant, as such intentionally omits so to produce or deliver up the

same shall be punished with:

a) Simple imprisonment upto one month or fine upto Rs. 500/- or both in case of public

servant.

21

b) Simple imprisonment upto 6 months or fine upto Rs.1000/- or both in case of Court of

justice.

Sec 176 - Omission to give notice or information to the public servant by personally legally

bound to give it - whoever being legally bound to give any public servant, as such,

intentionally omits to give such notice or to furnish such information in the manner which is

required by law, shall be punished.

a) Simple imprisonment upto one month or fine upto Rs.500/- or both.

b) Simple imprisonment upto 6 months or fine upto Rs.1000/- or both in case of any

notice or information or prevention of apprehension of an offence

c) Also for Sec 356(1) of Cr.P.C

Enquiry into measurements, value and claims, and Award by the collector.

Sec 11:- On the day of enquiry the collector shall proceed to enquire and award under his

hand-into the objection of any person interested and person claiming the compensation as to

the measurement of land and value of land by virtue of sec 9 i.e. notice.

Award by the collector is related to:

a) The true area of the land.

b) The compensation allowed for the land to person interested and

c) To the person claiming

Provided with the previous approval of the appropriate government or any authorized officer

or any specified claim of cases by appropriate government or to avoid future enquiry,

presented by rule made by the appropriate government or not affecting any other lands in

the same locality or any other provision of this Act or Regn. Act 1908 or any agreement

thereto.

Sec 11A -Limitations within a period of two years from date of publication of intended

declaration and also in case of before commencement of this Act from such commencement.

Sec-12 - Award of the collector becomes final and conclusive evidence as between the

collector and person interested either appears or not and notice of award would be given to

all persons interested and claiming.

22

Sec-13 - The collector may, for any cause he thinks fit:

a) May adjourn the enquiry day.

b) May cause any clerical or arithmetical or error or mistake in the application of the person

interested or a authority - within 6 month of award date.

c) The collector shall give immediate notice of correction to the person interested.

d) The collector shall recover excess amount paid if any.

Sec 14: The collector has a power to summon and enforce the attendance of witnesses

including person interested or any of them and to compel the production of documents by

the same means.

Sec 15: Matters to be considered and neglected: In determining the amount of

compensation the collector shall be guided by the provisions contained in Sec 23 and 24

which are as follows:

Sec 23: Matters to be considered by the court are as follows:

1. The market value of land at the time of publication of notice U/s 4(1)

2. The Damage(s) sustained by the persons interested at the time of collector,

a) Taking away of any standing crops or trees.

b) Severing such land from another land.

c) Injuriously affecting his other property moveable or immoveable in any other manner

or his earning.

d) Diminution of the profits of the land

e) Compelling him to change his residence or place of business the reasonable

expenses.

3. In addition to the market value, 12% per annum of the market value from and from date of

publication of notice U/s 4(1) to the date of award or date of taking possession of the

collector whichever is earlier excluding the stay or injunction by the order of any court.

4. In addition to the market value of the land for every award 30% of market value in

consideration of compulsory nature of acquisition.

Sec 24: Matters to be neglected in determining compensation:

1. Any damage sustained by person interested regarding:

23

a) To part with the land acquired.

b) If caused by a private person who cannot be sued.

c) After the date of publication of notice U/s 6.

2. Any increase to the value of the land acquired from its use or other land or any use which

is forbidden by law or opposed to public policy.

3. Any outlay or improvements on or disposal of the land acquired, commenced made or

effected without the sanction of the collector after the date of publication of notice U/s 4(1).

Taking possession: Sec 16 & 17

Sec 16: Power to take possession by the collector after making award U/s 11 which shall

thereupon vest absolutely in the Government free from all encumbrances.

Sec 17: Special powers in case of Urgency - total 6

1. In case of urgency -on the expiration of 15 days from the date of publication notice U/s 9.

The collector take absolute possession of any land needed for public purpose as directed by

the appropriate government.

2. In case of sudden change regarding any navigable river or other foreseen emergency or

any railway administration to maintain traffic or making a river side or ghat stations, the

appropriate government for the purpose to maintain any structure or system pertaining to

irrigation water supply, drainage, road communication or electricity inc any buildings or part

of it giving 48 hours time to the occupier to vacant.

3. Other provision the collector shall:-

a) Tender payment of 80% of the compensation for such land as estimated by him to the

person interested entitled thereto and

b) Pay it to them unless prevented by some one or more of the contingencies mentioned in

Sec 31 (2) ref with Sec 18 i.e. non acceptance to receive the payment of compensation or

award by the collector in case.

If there be no competent to alienate the land or any dispute as to the title to the

compensation or as to the apportionment of it on a protest as to any person after receiving

whole or part of award intend of award the growth of the other land in exchange or remission

of land revenue on other land by sanction of appropriate government to a person of limited

interest.

24

Any person interested who has not accepted the award may by written application to the

collector stating his objection and clear ground.

Limitation: Six weeks from date of collector award and also in other cases recovered of

notice from the collector and date of award which ever period first expires.

The amount paid or deposited as above is determined as the amount of compensation and if

excess than the award, then the excess may be either refunded within 3 months or received

as on arrears of land revenue.

PART III Reference to court and procedures thereupon Sec 18 to 28A: Total 12

section.

Sec 18: Reference to court - Any person interested who has not accepted award may be

written application to the collector require that the matter be referred by the collector for the

determination of court when his objection is for:

a) Measurement of land or compensation

b) Apportionment of compensation

c) Reasons of his objection.

Limitation: Within 6 weeks from the date of collection award if present or represent on that

date or within 6 weeks of the receipt of notice from collector U/s 12(2) that is notice of person

interested or their agents when award was made or within 6 month from the of collector

award whichever expires first.

Sec 19: Collection statement to the court:

1. In making the reference the collector states the following facts:

a) The situation and extent of land with particular of any trees building or standing crops

thereon.

b) The names of the persons interested.

c) The amount awarded for damages and paid or tended U/s 5 or 7 or both i.e.

Damages after notification of publication or in case of urgencies and the amount of

compensation awarded U/s 11.

d) The amount paid or deposited U/s 17(3-A) i.e.80% of compensation.

e) The amount of compensation was determined on the grounds of objection.

2) The particulars of notices served upon and statements made or delivered in writing by the

parties interested are also attached.

25

Sec 20 - Service of notice by the court-to the applicant all persons interested to appear for

proceeding on a specified day provided objection is in regard to the area of the land or

amount of compensation.

Sec 21: Restriction on scope of proceeding - only in consideration of the interested of the

person affects by the objection.

Sec 22: Proceeding to be in open court i.e. any civil court in the state with person entitled to

practice can appear pleaded and act.

Sec 23 & Sec 24 - matter to be considered and neglected - already given.

Sec 25 Amount of compensation awarded by the court not to be lower than the amount

awarded by the collector U/s 11.

Sec 26 Form of Award:

a) In writing and signed by the Judge

b) Specified the amount awarded U/s 23 i.e. market value, damage etc.

c) And their respective grounds for awarding such amount.

d) Is deemed as a decree and judgment according to C.P.C

Sec 27- Costs that is expenditure incurred in the proceeding under this part and to whom to

be paid.

Sec 28: Collector may be directed to pay interest on excess compensation than the award of

the court then the court has to pay an interest of 9% P A from date of taking possession to

the date of deposit excess in the court or 15% P A after lapse of one year of the above

dates.

Sec28A: Redetermination of the amount of compensation on the basic of the award the

court meaning when any person interested has two or more lands covering U/s 4 but not yet

received the compensation on any of his other lands then, the collector shall conduct an

enquiry after giving notice to all the person interested giving reasonable opportunity of being

heard and make award determining the amount of compensation payable.

26

PART IV: Apportionment of compensation - Sec 29 & 30

Sec 29: Particulars of apportionment to be specified: where there are several persons

interested, if such person agrees in the apportionment of the compensation the particulars of

such apportionment shall be specified in the award and as between such persons the award

shall be conclusive evidence of the correction of the apportionment.

Sec 30: Dispute as to apportionment:- when the amount of compensation has been settled

U/s 11, if any dispute arises as to apportionment of the same or any part thereof or as to the

person to whom the same or part thereof is payable the collector may refer such dispatch to

the decision of the court.

PART V: Payment: Sec 31-34:

Sec 31: Payment of compensation or deposit of same in court.

Sec 32: Investment of money deposit in respect of lands belongs to person incompetent to

alienate.

Sec 33: Investment of money deposit in other cases.

Sec 34: Payment of interest - 9% from date of taking possession or 15% after lapse of such

date.

Sec 31: Award / Payment of compensation is made and paid to the person interested and

entitled in the following case only.

a) Unless prevented by someone or

b) If they shall not consent to receive it or

c) If there be no person competent to alienate the land or

d) If there be any dispute as to the title to receive it.

e) As to the apportionment of it

f) No protest towards insufficiency of the amount.

g) Not affecting the liability of any person receiving it.

If anyone or more of the above said factor are existing then the amount is deposited in the

court by the collector. Award can also be granted either by grants of other lands in exchange

or in remission of land revenue of other lands of same title or and other equitable power

within the power of the collector.

Sec 32: The court shall order the money to be invested in the purchase of other lands to be

held under like title owning or in such government or other approved securities.

27

It includes payments of invests or other proceeding arising or crisis of investment.

Sec 33: The court may on the application of any party interested or claiming an interest in

such money order the same to be invested in such court or other approved securities as it

may think proper & fit.

PART VI TEMPORARY OCCUPATION OF LAND: (waste & Arable land)

Temporary occupation of waste and Arable lands - Sec 35,36 & 37.

Sec 35: Procedure when difference on to compensation exits:-

1. Whenever it appears to the appropriate government that the temporary

occupation and use of any waste or arable land are needed for any public

purpose or company or subject to provision of Part VII that is acquisition of

land for companies the appropriate government direct the collector to procure

the occupation and use the same for such term as it shall think fit not

exceeding 3 years from date of commencement of such occupation.

2. The collector shall serve notice in writing to all the persons interested for such

purpose and for taking off materials if any and payments of compensation

paid either in a gross sum of money or by monthly or other.

3. In case of any difference as to compensation or apportionment by the

collector shall refer to the decision of the court.

Sec 36: Power to enter and take possession and compensation on restoration.

1. On payment of such compensation or on executing such agreement or on making a

ref U/s 35, the collector may enter upon and take possession of land and make of it

accordingly.

2. On the expiry of the term, the collector shall restore the land to the person interested

and pay compensation for damages if any provided that, if the land has become

permanently unfit to be used for the purpose for which it was immediately before the

commencement of such term and the person interested shall so require the

appropriate government shall proceed U/act to require the land as if it was needed

presently for a public purpose or for a company.

Sec 37: Difference as to condition on land at the expiry of the term or as to any matter

connected with the agreement between the collector and person interested then it shall be

referred to the decision of the court by the collector.

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PART VII ACQUISITION OF LAND FOR COMPANIES (Sec 38 to 44-B)

Sec 38A: Industrial concern to be deemed company for certain purpose:-

2. For the erection of dwelling house for workmen employed or

3. For the provision of amenities directly connected thereto or

4. For the construction of some building or work for a company or

5. For any work which is for public purpose.

Conditions or features of Part VII

1. The industrial concern should contain not less than 100 workmen.

2. Either owned by an individual or by an association of individual but not a company.

3. The provision of Sec 6 to 16 Sec and 18 to 37 are not put in force or

4. Applied with the previous consent of the appropriate government or

5. An agreement is executed by the company.

6. An enquiry will be held by an officer appointed by the appropriate government who serves

summons for the attendance of witnesses and production of documents.

7. Sec 41 When the appropriate government after considering the report if satisfied that the

land is required for company, it shall require the company to enter into an agreement based

on the following matters:

a) Payments as to cost of acquisition.

b) Payment as to transfer of land

c) Terms of the land

d) Purpose of acquisition and time

8. Sec 42 A Usually published in a official Gazette.

9. This Part VII does not apply to the L A Act 1870 Sec 43.

10. After Acquisition, the Company should not sale, mortgage, gift, lease without consent of

the appropriate government.

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TOPIC - 2 The Requisitioning and Acquisition of Immoveable property Act 1952.

OBJECT AND PURPOSE:

To acquire a land by the Union or central Government for public purpose on requisition.

Definitions: Competent authority-any person or authority authorized by the central

government by notification in the official gazette.

Land Lord- any person who receive or entitled to receive the rent of any premises.

Ex: Trustee, Guardian, Receiver etc.

Premises -Any building or part of building, including garden, ground, outhouse and any fitting

affixed thereto

Person interested- includes all persons claiming or entitled to claim an interest in the

payment of compensation.

Property means Immoveable property of every kind and rights connected thereto.

Tenant - any person by whom rent is paid and includes sub-tenants and person of derived

title thereto.

THIS ACT DOES NOT APPLY IN THE FOLLOWING CASES:

1. Owner of the property residing himself or his family or

2. Land used for religious worship, school, hospital, public, library, orphanage, or any

management and accommodation thereto.

3. When any tenant uses such property or premises for more than two months after the date

of notice.

4. When the acquisition of land exceeds a period of 17 years.

5. When the payments of compensation to be more than award while restoration.

6. When any land is acquire U/part VI g L.A. Act,1894 i.e., Temporary Acquisition land.

7. When any land does acquired under urgency or by company under L A Act or any other

law exists.

8. When any person (owner) enjoys easement rights over the property.

30

Procedure of Acquisition of property under this Act & feature thereof.

1. Stage 1: Serving of notice of requisition: To the persons interested or in possession by the

union or central government specific the purpose of requisition in writing limitation within 15

days from date of notice.

2. Stage 2: Enquiry & hearing: The persons interested are called upon regarding any

objections or causes or reasons of requisition and being heard and after consideration the

competent authority is satisfied that it is necessary or expedient so to do.

It may, by order to writing requisite the property and makes further orders.

3. Stage 3: Taking possession: After requisition the competent Authority may notice to in

writing order the owner or possessors to surrender or deliver the property within 30 days of

such notice duly published in an official Gazette.

If any person refuses then the competent authority can use necessary force.

4. Stage 4: Payment of compensation: Either by the way of agreement or by a arbitration or

an expert as appointed by the central government in consideration of the following matters

like any recurring payment like rents lease and any pecuniary loss or expenses and

damages for vacating and re occupying the premises.

5. Stage 5: Release or restoration from requisition: By an order in writing to the person to

whom it shall be delivered when the purpose cease to exist or as per agreement or after

expiry of 17 years from date of notice or possession not affecting the Amendment (1970)

Act.

6. Some other features:

a) The owner/possessor must deliver the property to the central government in a good

condition and the same would be given back.

b) The central Government releases the property in a good condition and payment of

damages if any free from all liabilities.

c) Under this Act the Arbitrator is generally a judge of high court.

d) The period of re-acquisition depends upon the purpose land area and agreement

between the central government and persons interested thereto.

e) In case of any disputes, appeals and grievances the decision of the high court is final

and absolute.

31

UNIT IV

TOPIC – 1 - THE A P LAND REFORMS (Ceiling on Agriculture

Holding) Act 1973.

OBJECT & PURPOSE - Total 30 Sections (Sec 30 repealed)

1. To consolidate or strengthen and amend the law relating to the fixation of ceiling on

agriculture holdings.

2. To take over the surplus lands and to allot them for the use of house sites for agriculture

labourers, village artisans or other poor persons owing no house or house sites.

3. To transfer such lands to the weaker section of the people who are depended on

agriculture for agriculture.

4. Generally up to 50% is allotted or transferred to SC & ST members and in the remaining

50% 1/3rd is allotted or transferred to the members as notified by the government and U/a

15 C(4) of Indian constitution.

5. To contemplate a family unit for purpose of possessing a standard holding. Here, a family

unit means wife, husband, minor, sons and unmarried minor daughter.

6. It extends to the whole of Andhra Pradesh.

Definition - Section 3

1. Sec 3 (j) Land: Means land which is used or is capable of being used for purpose of

agriculture or for purpose ancillary thereto including horticulture (Gardening) forest land

pasture (Grazing for animals land plantation and top and includes land deemed to be

agriculture land U/Act.

Explanation I - Where any land is held under ryotwari settlement it shall unless the contrary

is proved be deemed to be land under this act. -

Explanation II - land shall not inc the appurtenant to a building. Here Agriculture land means

and used for taking out fuel with shrubs and little area of grass.

Ryotwari settlement: The Division of all available land whether cultivated or waste into blocks

or lots the assessment of each block at a find rate for ten years and collection of revenue

from each occupant thereto.

32

2. Sec 3(v): Wet Land means land registered as wet single crop wet, compounded double

crop wet or special wet land in the land revenue accounts of the government or assessed as

such and includes any land registered as wet which has been.

i) Includes in the ayacut of any government source of irrigation.

ii) Irrigation by water from any government source of irrigation in any 4 fasli years within a

continues period of 6 fasli years immediately before the specified date.

iii) Irrigation by a tube well constructed by a government or any person.

3. Sec 3(e) Dry land-means land registered as dry, Manavari, Asmantavi, Bagat or garden

land or special rate dry land, in the land revenue accounts of the government or assessed as

such and inc any other land excluding wet land.

4. Sec 3(d) Double crop wet land: means any wet land registered as double crop or

compound double crop wet land in the land revenue accounts of the government and

includes any wet land not to be registered:-

I. Which is capable of raising two crops per fasli year with use of water from a tube well

constructed by the government or any person-

II. Where the duffassal crop has been raised with the use of water from a government

source of irrigation for a period of 6 fasli years.

III. Where water is available by any government source of irrigation in both the I & II crop

seasons, during a fasli years including the scheduled areas as specified by the

government.

5. Sec 3(f) Family unit 4 types.

i. Individual+ spouse(s) + minor son(s) + unmarried minor daughter(s).

ii. Individual + minor son(s) + unmarried minor daughter having no spouse.

iii. Divorced husband + minor son(s)) + unmarried minor daughter- not married.

iv. Minor son(s) + Unmarried Minor daughter- both or either spouse dead.

6. Sec 3(i) Holding means the entire land held by a person-

• As a owner. As a limited owner. As a usufructuary mortgage. As a tenant.

• As a mortgagee of a mortgage by conditional sale. As a part performer of sale of land .

7. Sec 3(0) Person includes an individual a family unit, a trustee, a company, a firm, a

Society or association of individuals whether incorporated or not.

33

8. Sec 3(k) Owner includes a person by whom or in whose favour a trust is created but does

not inc limited owner or Ryotwari settlement.

9. Sec 3(k) Tenant mean a person who cultivates by his own labour or that of any other

member of his family or by hired labour under his supervision and control.

10. Sec 3(k) Law inc any enactment ordinance, regulation, order, bye-law, rule, scheme,

notification or any other instrument having the force of law.

11.Sec 3(q) Notification means a notification published in the A P Gazette.

12.Sec 3(Q) Revenue divisional officer mean the RDO within whose jurisdiction the land is

situated and any officer of the revenue department not below the rank of a deputy collector.

13. Sec 3(h) Government source of irrigation means a source of irrigation registered in the

land revenue account of the government as such includes a well constructed or maintained

by the government or any local authority.

But does not include a spring channel,parrekalave, naddinala, vagunala, kasam sona, bila

uppawat, bonda dovuun bhukri kole or cross building.

14. Sec 3(g) Government means state government.

Ceiling· Area Sec 3(c) define ceiling area means the Extent of land as specified in sec 4 or

sec 4-A to be ceiling area.

Sec 4: Ceiling Area-

1. The ceiling Area in the case of family unit consisting of not more than five member shall

be an extent of land equal to one standard holding.

2.The ceiling area in the case of family unit consisting of more than 5 member shall be

extent of 1/5 of one standard holding for every such member in excess of five, so, however

that the ceiling are shall not exceed two standard holdings.

3. The ceiling area in the case of every individual who is not a member of a family unit and in

case of any other person shall be an extent of land equal to one standard holding.

Sec 4-A- increase of ceiling area in certain cases:-

When any individual of a family unit consists of one or more major sons having no land or

land less than the ceiling area shall be increased in respect of such major son by the extent

34

of land equal to the ceiling area applicable to such major son or the family unit of which he is

a member provided not affecting the Sec 4 of this Act.

Sec 5 STANDARD HOLDINGS FOR DIFFERENT CLASSES OF LAND AND

COMPUTATION

Standard Holding:-In the case of family unit consisting not more than (5) five members, it ranges from 10 to 27 acres in respect of wetlands and from 35 to 54 acres in respect of dry lands, based on the classification of lands in the first schedule as noted below: (Section5)

DIVISION OF LANDS

1) Wet Land - Standard Holding – 10 to 18 Acres

a) Double Crop Wet Land

Class A …. 10 Acres Class B …. 12 Acres Class C …. 13.5 Acres Class D …. 15 Acres Class E …. 16.5 Acres Class F …. 18 Acres

b) Wet Land other than Double Crop – Standard Holding 15 to 27 Acres

Class A …. 15 Acres Class B …. 18 Acres Class C …. 20 Acres Class D …. 22.5 Acres Class E …. 25 Acres Class F …. 27 Acres

2) Dry Land - Standard Holding – 35 to 54 Acres

Class G ….35 Acres Class H ….40 Acres Class I ….45 Acres Class J ….50 Acres Class K ….54 Acres

1 Acre = 4840 Sq. yards = 43,560 Sq.feet = 0.405 Hectors = 40 guntas = 100 cents

1 gunta = 121 Sq. yards

35

1 cent = 48.4 Sq. yards = 485.6 Sq. feet

1 Sq. yard = 9 Sq. feet = 0.836 Sq.m

1 yard = 3 feet

Standard Holding Sec 3 & sec 5

Sec 3 Standard Holding means the extend of land specified in sec 5 to be the Standard

Holding

Sec 5 Standard Holding for different classes of land and computation.

I. In the case of any Double crop wet land for the irrigation of lands in the Godavari,

Western, Eastern, and central deltas the extent of Standard Holding shall be

increased by 12.5% per centum.

II. In the case of any Double crop wet land irrigation by solely by a private tube well the

extent of Standard Holding shall be increased by 12% per centum not exceeding

2.25 Hec or 8 acres.

III. In the case of any wet land irrigation by a government source of irrigation,

classification as class V in the settlement or revenue accounts of the government,

excluding a source fix by a project River, Nala or channel in the Andhra and

Telangana area the extent of Standard Holding shall be increased by 16 and 1/4 per

centum.

IV. In the case of any dry land situated in any area declared by the government by

notification to be drought prone area then, the extent of Standard Holding shall be

increased-

a. By 12.5 per centum- for class G or H

b. By 12 per centum -for class I J or K

V. In case of land in the Telangana area situated in any tract in respect of which the

settlement operation were conducted by a agency other than government, the land

falls within class A,B, C, D and E and class G,H, I or J. The ceiling area shall be

computed as if such land fall within class B, C, D, E or F and class H I J or K

respectively.

VI. In case of any land or padugai land or any land on which a coconut garden, a guava

garden or a grape garden is raised, the extent of Standard Holding shall not

exceeded 10.93H (27 acres).

36

2. In computing the holding of a person or family unit consisting of lands of different classes

the relation proportion of the extent of lands of each such class to the extent of Standard

Holding of the Appropriate class shall be taken into account as prescribed and the aggregate

of all such proportion shall be deemed to be holding of the person or the family unit in

relation to the ceiling area.

3. In computing the holding of an individual who is not a member of a family unit, but is a

member of joint family the share of such an individual in the lands held by the joint family

shall be taken into account and aggregated with the lands, if any held by him separately and

for this purpose such share shall be deemed to the extent of land which would be allotted to

such individual and there been a petitioner of lands held by the joint family.

4. In computing the holding of a member of family unit, who is a member of joint family, the

share of such member in the land held by the joint family shall be taken into account

aggregate with the lands,

If any, held by him separately and for this purpose such share be deemed to be the extent of

land which would be allotted to such member had there been a partition of the lands held by

the joint family.

5. Where an individual or a member of a family unit is a member of a co-operative society,

company or firm the share of such individual or of a family unit in the land held by such co-

operative society, company or firm shall be also included in the holding of the individual or

member of a family unit as the case may be and

For this purpose the share of land so held shall be deemed to the extent of the land which

would have allotted to him on a winding up of the cooperative society or company or

dissolution of a firm.

6. Lands owned or held under a private trust shall:

a. In a case where the trust is revocable by the author of the trust, shall be

deemed to be held by such author or his successor in interest &

b. In other cases, be deemed to be held by the beneficiaries of the trust in

proportion to their respective interest in such trust or the income derived there

from.

Explanation - where a trust is partly private and public this sub-section shall apply only to

lands covered by that part of the trust which is relatable to the private trust.

Related previsions for ceiling of land 'under this Act:-‟,

37

Sec 9: Determination of ceiling Area: - By an authorized officer after verification the member

of the family unit i.e. whether minors or not as furnished in the Performa by the declarant and

also as to the extent of the land either any excess land existing or not

Any false declaration made by the declarant then he shall undergo penal .consequence

therein.

Sec 10: Surrendering of land in certain cases:

1. If any person, holding excess of the ceiling area is liable to surrender the excess land.

2. The tribunal thereupon serve a notice to such excess holder to surrender such land within

15 days with particulars of land and also publish such notice and consider the objection if

any.

3. The tribunal passes on orders as approval of surrender of such land if it is satisfied and

deemed to be fit made by the statement of excess holder.

4. If any excess holder refuses or omits the notice then he will be given an opportunity of

being heard and the tribunal passes an order to surrender the entire land or balance of land

as the case may be deemed to have been surrender by such person.

5. The tribunal is at its discretion either to accept or to refuse the surrender of any land in the

following cases where the land is-

a. Converted into non agriculture land or burnt under mortgage.

b. In capable for purpose of agriculture or

c. Having disputes as to title encumbrance's possession in accessibility.

6. In case of surrender of excess land held by a family unit or joint family or co-operation

society or company or firm shall be in accordance with the agreement between the parties or

to the extent of every person liability but not more than that thereof, including females.

Sec 11: Vesting of land surrendered by R D.O or any authorized officer-

Any land surrendered under this Act is taken into possession and vested in the government,

free from all encumbrances or any claim against payment or any other property of the owner.

Sec 12: Reversion & Vesting of land surrendered : In case of

a. Any usufructuary mortgagee- reverts to the owner and is liable to pay the mortgage

money due to the mortgagee @ 6% p.a from date of reversion and land continues to

be as security.

38

b. Tenancy - reverts to the owner and is entitled to receive the tenant rent due for the

period ending with the last crop harvested by such tenant.

c. Mortgage by conditional sale or contract for sale or otherwise - the land is reverted to

the owner and is liable to discharge the claim against the possession of land as

security.

d. Limited Owner - reverted to vested interest in the remainder and is liable to discharge

the claim enforceable against the land by limited owner as a security.

Sec 13: Special provision for protected tenant- Where the holding of any owner in any land

held by a protected tenant by virtue of Sec 38C of A P tenant and agriculture land Act 1950

then it is excluded from the holding of owner and treated as holding of such tenant.

Sec 7: Special provision in respect of certain transfer etc already made

1. Either or after 24 Jan 1971 or before notified date, any person has transferred by way of

sale or gift or usufractuary mortgage or exchange or settlement or surrender or in any other

manner whatsoever shall be disregarded for the purpose of computation ceiling area

provided-

2. Either on or after 2 May1972 and before the notified date any alienation made by way of

sale, gift, exchange, usufractuary mortgage, lease above 6 years, any partition, trust,

decree, order or award in contravention to A P agriculture land (Prohibition of Alienation) Act

1972 shall be null and void.

3. When any Agriculture land is converted into a non agriculture land then also it is treated

as agriculture land provided within 5 years of notification date.

4. In case of dissolution of a marriage or adoption which takes place on or after 24 Jan 1971

or before notification date then also the persons are deemed to be members of a family unit.

Sec 8: Declaration of Holding:

a. Every person holding a land shall furnish a declaration to the tribunal containing details of

i) The extent of land and its particulars existing at the date of notification and

ii) Any land transferred by him on or after 24 Jan 1971 by way of sale, Gift, Usufractuary

Mortgage, Exchange, Settlement, Surrendered or in any other manner and,

iii. Any other lands held by him in any part of India outside the state.

39

Explanation 1:- If such person is a minor, Lunatic, an idiot or other person subject to

disability or a company, firm, association or corporation body not being a member of a family

unit then the declaration shall be furnished by any person competent or manager, guardian

in this behalf.

Explanation 2: In case of a family unit- By person in management of property binding all

family members.

Explanation 3: Specification limits: - Wet land 4.05(10acres), Dry Land -;-10 H (25 acres)

both 1 Hec of wet land= 2.5 H of dry land.' . -

Exemptions-Sec 23: This Act does not apply to the lands held by Central Government. State

Government, Local Authority i.e. Gram Panchayat, Municipality, Corporation or any other

authorities, religious, charitable institutions, Waqf Board, Educational Institution, Government

company, Corporation, Public Company, Plantation land i.e. tea, cocoa, cardamom or rubber

co- operation society approved by the government mortgage banks, bhoodhan yagna board,

gram sabha, tenant or usufractuary mortgagee, recovery of debts or cooperation society,

share of government and lands held by notification by government for acquisition in

connection with any major irrigation power industrial or other project under construction.

Penalty: Sec 24: If any person or a person either internationality or without reasonable cause

or excuse violates or defeats the provision of this Act regarding failure to furnish declaration

or to submit the report by certain officer or in contravention of any provision of the Act/Rules

then he shall be punished with imprisonment up to 2 years or with fine up to Rs 2000/-or with

both- a cognizance by the dist collector.

Chief Characteristic features of Tribunal

1. Sec - 6 Constitution-Not more than 3 members with a chairman who is generally an officer

not below the rank of a deputy collector and dist Munsif assisted or sub-ordinated with two

other officers.

2. Sec - 22. Powers:

a. Authorized the R D O or any officers to exercise any power for summoning and enforcing

the attendance of any person and examining him on oath and for requiring production of any

documents

b. Authorizes such person at any time to enter up on any land (except a dwelling house) for

purpose of survey measurement taking possession and removing any obstruction towards

lands vested in the government Sec-22.

40

c. The Tribunals can cancel dismiss or terminate make null and void any land transaction

agreement document which is in contravention to the provision of this Act or CPC 1908 or

any custom or usage or decree or order of any court or any law in force Sec 28.

d. It has a power to do justice and safe the person who has done anything in good faiths and

in pursuance of this Act despite causing damages sec 25.

3. Jurisdiction Civil Jurisdiction same as of a civil court provided dealing appeals revision -

settlement claims objects representation of agriculture lands as provided under this act Sec

20 & 21.

Topic 2 - The Urban Land (ceiling and regulation) Act 1976.

Total 47 sections - 5 chapters

Chapter 1. Preliminary Sec 1.

Chapter 2. Definition Sec 2.

Chapter 3. Ceiling on vacant land Sec 3 to Sec 24

Chapter 4. Regulation of transfer and Use of Urban property Sec 25 to Sec 30

Chapter 5. Misc. Sec 31 to Sec 47

Definition Sec 2(0) Urban land means any land situated within the limits of an Urban

agglomeration and referred to as in the master plan or any land situated in area within the

local limits of a municipality committee(s) of a notified area, town area, city and small town,

cantonment board or a penchant Exaction Agriculture land.

Here Agriculture includes horticulture but does not inc raising of grass Dairy farms. Poultry

breeding the live stock.

Sec 2 (N) Urban agglomeration any area provided in the schedule -1 or declared by central

government having population more than one lakh by notification in the official Gazette.

Sec (h) Master plan - a plan prepared by any existing law or a pursuance of an order made

by the state government for development of urban agglomeration or part thereof.

Sec 2(p) urbanisable lands: means land situated within urban agglomeration but not being a

urban land.

41

Sec 2(q) Vacant Land means land – “Land not being land mainly used for the purpose of

agriculture in an urban agglomeration” but does not include :-

1) Land on which construction of a building is not permissible under the building regulations

in force in the area in which such land is situated.

2) In an area where there are building regulations, the land occupied by any building which

has been constructed before or is being constructed on, the appointed day with the approval

of the appropriate authority and land appointment to such building, and

3) In an area where there are no building regulation the land occupied by any building which

has constructed before or is being constructed on the appointed day and the appurtenant to

such building, provided that where any person ordinarily keeps his cattle, other than for the

purpose of dairy farming or for the purpose of breeding live stock on any land situated in a

village within an urban agglomeration (described as a village in the revenue records) then so

such extent of land has been ordinarily used for the keeping of such cattle immediately

before the appointed day shall not be deemed to be vacant land for the purpose of this

clause.

Chapter -3 --- Ceiling of Vacant land Sec 3 to Sec 24.

Sec 3 No person is entitled to hold vacant in excess of the ceiling limit.

Sec 4 Ceiling Limit Schedule I

1. Category A. Category B Category C Category D

500 Sq.m 1000 Sq.m 1500 Sq.m 2000 Sq.m

2. Person holding vacant land in two or more categories a unit of sq.m

1B = 2A 1C = 1.5 B 1D = 41\3 C

1C = 3A 1D = 2B

1D = 4A

OR

2B = 1B 1.5B = 1C 41\3 C = 1D

3A = 1C 2B = 1D

4A = 1D

42

3. For sanction of group housing by competent Authority before appointed day, then the

person holding such vacant land can continue to hold for the purpose of group housing.

4. In case of transfer of any land on or after 17th February 1975 or before the appointed day

by way of sale mortgage, gift, lease or otherwise with or without consideration shall be taken

into consideration without prejudice to the rights or interest of the transferee in the land so

transferred exception a bonafide sale under register deed foe valuable consideration and

burden of proof lies on the transferor.

5. In case of a firm or unincorporated association or body of individual holds vacant land or a

dwelling building or both then each person's share shall be taken into consideration into

account in calculation the extension of vacant land held by such person.

6. In case of a beneficiary of a private trust holding vacant land or dwelling building or both

then, the total income of such trust is taken into account in calculating the extent of vacant

land by such person.

7. In case of HUF holding vacant land and dwelling building then, the partition among

members on appointed day is taken into account in calculating the extent of vacant land hold

by such persons.

8. In case of a person being a member of housing co-operation Society registered under any

existing law holding vacant land, then the -extent of land is taken into account.

9. In case of a person holding vacant lane and also any dwelling building then the extent of

such other land occupied by building and the land appurtenant thereto is also taken into

account.

10. In case of a person owing a part of a building as group housing then this proportionate

share and the land appurtenant thereto is taken in to account.

B Provision relating to person holding excess vacant land.

1. No person is entitled to held vacant land in excess of ceiling limit on or after appointed day

sec 3.

2. Every person shall file a statement before the competent authority having jurisdiction

specifying the location extent value of all the vacant land and other land with any building

nature of his interest and retainment, if any, etc -Sec 6.

43

Punishments-Imprisonment upto 2 years or fine upto Rs.3000/- or both Rs 500 for each

contravention after conviction. Imprisonment upto 2 years or Rs 1000 fine both any provision

fails to obligation.

3. On the basis of the statement the competent authority conducts an enquiry and prepares

a drafts statement considering objections and giving an opportunity of having heard and

pass such orders as it deems fit sec-8.

4. Final statement: - After the disposal of the objection the competent authority shall make

necessary alteration in the draft statement as to order passed when such vacant land held

under a lease or mortgage or a hire purchase agreement or an irrevocable power of attorney

also on the owner of such vacant land-sec 9.

5. Payment of amount for vacant land acquired by state government under this act to person

or persons having interest sec 11.

a. In a case where no income is derived from vacant land then not exceeding Rs.10 per

sq.mt for category A or B and Rs 5 for category C or D of Sh -I.

b. In a case where there is any income from such vacant land then 81/3 time of net

Average annual income actually derived during the period of five consecutive years

immediately preceding the date of publication of notification i.e. Acquisition.

c. In case of any claim or deficiency of payment the person can appeal to the high

court as an 2nd appeal if not satisfied by the decision of the urban land tribunal sec

12 and sec 13.

6. Mode of payment of amount -Sec 14-25% of the amount or Rs.25,000/- whichever is less

shall be paid in cash and balance in negotiable bonds redeemed after expiry of 25 years

@5% p.a. from the date of acquisition and in case of appeals within six months from the

date of final appellate order.

7. Any person who holds any vacant land on future by inheritance, bequest, settlement, by

sale in execution of a decree or order of a civil court or an award or order of any other

authority or by purchase acquires any vacant land or already existing vacant land shall within

3 month file a statement to the competent authority - sec 15.

8. Penalty for concealment of particulars of any vacant land or any other land with building

even after being heard shall pay a sum which shall not be less than, but which shall not

exceed twice the amount representing the value of vacant land or of such other land or both

as the case may be-if not paid, may be recovered as if it were an arrears of land revenue -

sec 18.

44

9. Retention of vacant land sec 22- when any building is destroyed or demolished due to

natural cause and beyond. Control of human agency can retain the vacant land at the

discretion of competent authority for the purpose of redevelopment.

10. Transfer of vacant land sec 5 after appointed day any person transfers a vacant land by

way of sale mortgage or lease or otherwise then the extent of excess vacant land would be

calculated provided not in contravention with provision of this act otherwise becomes null &

void.

Provision relating to urban land tribunals.

1. Constitution- consists of sole member as either a commission of a division or a member of

board of Revenue-sec 12.

2. Power- To decide the cases relating to the excess vacant land to enjoy all powers as of a

civil court, to allow appeals within 30days from the date of notice of payments and to pass a

final order over the appeals -sec 12 & 33.

3. Jurisdiction-Civil, territorial and appellate jurisdiction.

Procedure and provision related to Acquisition of vacant land in excess of ceiling

limit.

1. A/Sec-10 the State Government acquires the excess vacant land by causing a notification

to the general public and in a official Gazette through a competent authority on the following

Conditions:-

a. After serving the statement by the excess vacant land holder and

b. After considering the claims of all the persons interested.

c. After date of declaration of acquisition by the competent authority

d. Provided no person shall transfer by way of sale, mortgage, gift, lease or otherwise

any excess land or

e. Any transaction made in contravention of this provision shall be deemed to the null

and void and

f. If any person refuses or fails to obey or in possession such excess vacant land then,

he had to surrender or deliver possession to the state government and

g. For this purpose the state government authorize any person to use force such as

may be necessary.

45

2. Sec 23 Disposal of vacant land acquire under this act may be used for the purpose of any

industry that is business profession trade undertaking or manufacture as approved by the

state government or for providing residential accommodation to the employees of state

government or any industry in connection thereto.

EXEMPTIONS:- TOTAL 4 Sec 19, 20, 21, &24.

1. Sec 19 This Act does not apply to the vacant land held by any of the following persons

Central government state government local authority, RBI Act 1934, SBI Act 1955 Indian

finance corporation Act 1948, LIC Act 1956, UTI Act 1963, lDBI Act 1964, ICICl Indian

Reconstruction corporation of India, and any other financial institution specified in the official

gazette, Regional Rural Bank Act 1976, Banking Regulation Act 1949.

And also for purpose of any public charitable or religious trust, Wakf or by any registered

Co-operation society, educational, culture, technical or scientific institutional and for the

purpose of residence for member of a foreign state UN for diplomats and consular mission

official purpose.

2. Sec 20: When the vacant Land is holding an public interest or may cause an undue

hardship to any person.

3. Sec 21: When any excess VL contain dwelling units with a plinth area of not more than 80

sq.m each for accommodation of the weaker sections of the society - provided not in

contravention with any provisions of this act and as approved by the state Govt.

4. Sec 24: Any VL not in excess of ceiling unit either in possession or transferred or already

acquired by the Govt.

46

UNIT V

Topic - I The Andhra Pradesh Scheduled Areas Land Transfer

Regulation Act 1959

Total =10 sections Sec 9 Repealed.

Object and Purpose of the Act:-

1. To regulate the transfer of land in the scheduled areas of East Godavari, West Godavari,

Vishakhapatnam, Srikakulam, Adilabad, Warangal, Khammam and Mahaboobnagar

districts of A P.

2. To safeguard the interest of tribal's from unlawful transfers of lands belonging to the ST.

3. To make the settlement of the lands in the schedule Area and issue clear titles as per the

condition lay down therein.

4. To prohibit the transfers from tribals to non-tribals.

5. To protect the tribals from the clutches of money -lenders and non-tribals.

6. To adopt the safety and welfare provision for the scheduled caste/ tribal as provided by

the Indian constitution.

Section 2: Definitions:

1. Agency Tracks: - Means the Areas in the districts of east and West Godavari declared

from time to time as scheduled areas by the president of India under Indian constitution.

2. Agent means: a person designated by the state government as an agent to the

government in the District of East and West Godavari etc.

3. Agent Divisional officer: - a person designated by the state government for the purpose of

regulation.

4. Immoveable Property: - includes' standing crops timber, trees but does not include

growing grass.

5. Schedule Tribe means:- Any tribe or tribal community or part of or group within any tribal

or community as specified UIA of Indian constitution.

47

6. Transfer: - means mortgage with or without possession, lease, sale, Gift, exchange, or

any other dealing or a contract in any form or a charge over immovable property.

Exception testamentary disposition.

Section-3:- Transfer of a immoveable Property by a member of a Schedule tribe.

a) Any transfer of immovable property in the Agency tracks situated in the member of the

schedule tribe shall be absolutely null and void unless made to a schedule tribe or society of

schedule tribe under A P co-operation societies Act 1964

b) In case of a Non schedule tribe then it is presumed that he acquired such property

through transfer of a schedule tribe.

C) When no person purchase a land from any Non schedule tribe then such person may

apply to the Agent. The Agency Divisional Officer or any other prescribed officer for the

acquisition of such land and is paid compensation duly and such land would be deposited in

favour of schedule tribe or societies of schedule tribe.

2 a) When any transfer takes place against the above section. Then the person is ejected

from possession after duly serving notice to him in the form of a decree, competent authority

i.e. Agent A D O or other prescribed officer.

Sec 3A:- Special provision in respect of Mortgage without possession.

1. Any person (Schedule Tribe or Non Schedule Tribe) without possession of any

immoveable property situated in the Agency tracks, towards any Co-operative society or

land mortgage bank or any bank other financial Institution approved by state government are

subjected to the provision of clause (2).

2. That is sale of such property to a member of schedule tribe or co-operative society in case

of default of payment of mortgage money or the interest thereof or for any other purpose.

3. Explanation: Co-operative Society means the Individual member of schedule tribe or

group of societies or the government.

Sec 3B:- Restrictions on Registration of documents.

a) By any Registering officer as appointed under this Act.

b) When the transferee is a Schedule tribe or a Co-operative Society of Schedule tribe.

c) By the declaration of the transferee subjects to the verification

48

d) The immoveable property being situated in the agency tracks.

Some other provision and features of this Act are:-

1. Any dispute or suit against a member of schedule tribe institution after commencement of

this Act shall be instituted only in the court having jurisdiction over the Agency tracks Sec-4.

Limits as provided under Indian limitation Act 1908 - sec 7.

2. Attachment: No Immoveable property situated in the Agency tracks and owned by a

member of _a schedule tribe shall be liable to attached and sole in executing of money

decree, against such members Sec 5.

3. Revision: The state Government may revise any decree or order passed duly serving

notices Land hearing by Agent ADO or any other prescribed officer Sec-6.

4. Penalty: Any person who on or after commencement of this act violated this Act and

acquires any immoveable property or continues in possession after decree of ejectment shall

be convicted or punished with rigorous imprisonment up to one year or fine upto Rs.2000/-

or both the fine amount is paid to the member of schedule tribe (transferor) as compensation

Sec 6-A.

5. It is treated as a cognizable officer -Sec 6-b.

Topic 2: The Andhra Pradesh Assigned Lands (Prohibition of

Transfer) Act 1977 Total 12 Sections (sec 12 repealed)

Object and Purpose: To prohibit transfer of certain lands assigned to landless poor persons

in the State of A P It extends to the whole of A P State.

Sec 2: Definitions: 1. Assigned land means land assigned allotted or transferred to the land

less poor person under this Act or any other law existing or land ceilings

Exceptions a land mortgage in favour of Central or State Government or any local authority

or any co-operative society under A P co-operative societies Act 1964 or any Bank like

Agriculture Development Bank, RBI, SBI, etc.

2. Landless poor person means who owns a land not more than 2.5 acres of wet land or 5

acres of Dry land or the extent of land specified by the government to a person who has no

other means of livelihood.

49

3. Transfer- means, any sale, Gift, exchange, mortgage with/without possession lease or any

other transaction or a charge or a contract related to the assigned lands exception

testamentary disposition.

4. Government means State government.

5. Notification means a notification published in the A P Gazette.

Sec 3: Prohibition of transfer of Assigned Lands.

1. Either before or after commencement of this Act Any land which is assigned by the

government to a landless poor person for purpose of cultivation or as a house site

shall not be transferred to any other person and no right or title in such assigned land

shall vest in any person acquired the land by such transfer.

2. No landless poor person shall transfer any assigned land and no person shall

acquired any assigned land either by purchase gift lease mortgage exchange or

otherwise.

3. If any transfer or acquisition made their, it shall be deemed to be null and void.

4. No landless poor person shall transfer any assigned land in case of a execution of a

decree or order of a civil court or of any award or order of other authority.

5. Prior to the commencement of this Act, when any land is purchased by a landless

poor person in good faith and for valuable consideration from original assignee or

transferee and

Which is in the possession of such person for the purpose of cultivation or house site on the

date of commencement.

Consequence of Breach of provision of Sec 3(prohibition of transfers)

The collector or any other authorized officer may order.

a) To take possession of the assigned land after evicting the person in possession in

such a

a) manner as prescribed and "

b) Restore the assigned land to the original assignee or to his legal heirs 0

c) If not possible, then resume the assigned land to Government for assignment of

landless poor persons accordingly.

d) No injunction shall be granted by any court under this provision

e) Possession of land other than the original assignee is deemed as a violation of Sec -

3.

50

Sec 5 Prohibition of Registration of assigned lands-Any assigned land is made registered

only under the following conditions-

a) It should be in the list of assigned lands in the district.

b) Duly prepared by the Dist Collector and forwarded by a registering officer

c) The document should relate to the transferor of or the creation of any interest

d) It should not affect the Registration Act 1905. .

Sec 6 Exemption: This Act shall not apply to the assigned lands held on mortgage by the

state or central government any local authority Co-operative society a schedule bank or

other financial Institution under state or central government.

Sec 7: Penalty: 1) Whoever acquires any assigned land in violation of sec 3(2) shall be

punished with imprisonment upto 6 months or fine upto Rs.2000/- or both.

2. Whenever opposes or impedes the Dist collector or any person authorized in

taking possession of assigned land under this Act imprisonment upto 6 months fine upto

Rs.5000/- or both.

3. No court shall take cognizance of an offence punished under this section except

with the previous sanction of the District collector.

Sec 8: Protection of action taken: No suit, prosecution or other legal proceeding shall lie

a) Against any person, officer or authority for any thing

b) Against government, any person for any damage or injury caused or causing by

Virtue of any provision of this Act.

Which is done in good faith or intended to be done in pursuance of this act or any rules

made there under.

Topic 3: The Andhra Pradesh land Grabbing (Prohibition) Act 1982

Total 17 sections

Object and Purpose: -

1. To prohibit the activity of land grabbing in the state of A P.

2. Land may belong to the government, a local authority, a religious or charitable

or institution or endowment including Wakf or any other private person.

51

3. To prevent the usage of force or deceit or unlawful activities to grab the land.

4. There are certain landless person operating individually and in groups like

bogus co-operative housing societies unprecedented and fraudulent sales of

land unscrupulous real estate dealers.

5. To arrest and curb such persons of unlawful activities.

6. In the state, particularly in respect of Urban and urbanisable lands this is

happening. 7. Such person is called as land grabbers and this act aim to

prohibit their activities.

Sec 2: Definitions:

7. Land includes rights in or over the land benefits to arise out of land and

building and other things attached permanently to the earth.

8. Land grabber means: A person or group of persons who- Commits land

grabbing, gives financial aid to any person for taking illegal possession of

lands or for construction of unauthorized structures thereon. Collects or

attempts to collect rents compensation of such lands abets the above acts

and charged by criminal intimidation.

9. Land Grabbing:- means and includes every activity of grabbing of land by a

person or group of parsons without any lawful entitlement and with a view of

taking possession of lands it may be in the form of illegal tenancies, lease,

licenses, agreements, unauthorized construction sale, hire or rents etc,etc.

Land may belong to either to the government or local authority or a religious

charitable institution or endowment or Wakf or any other private person.

10. Notification -mean a notification published in the A P Gazette.

11. Person includes a group or body of persons association or a religious or

charitable institution or endowment whether incorporated or not.

12. Unauthorized structures: means any structures constructed without express

permission in writing of the Municipal commissioner or concerned Authority of

such Area of the Land.

The Chief Characteristic features of this Act are as follows:

1. Land grabbing in any form and any activities connected thereto is hereby

declared unlawful and an offence punishable U/Act -Sec 3.

2. No person shall commit or cause to be committed land grabbing if so,

punished with imprisonment for 6 months to 5 year and fine up to Rs 5000 /-

Sec 4.

52

3. If any person sells or allots or offers or advertises of such land or abets or

attempts to do so imprisonment from 6 months to 5 years and fine up to

Rs.5000/ - Sec 5.

4. In case of a company the Director, Manager ,Secretary or other officer shall

be guilty of that offence and punishable according -Sec 6

5. Every offence punishable Under Act shall be tried by a Magistrate of I class

specially empowered by the government not affecting Cr.P.C. 1973 - Sec 11

6. No court other than a special court shall take cognizance of an offence

punishable except with consent of special tribunal-sec 12.

7. Any person acting under this act shall be deemed to be a public servant as

under section 21 Of I PC - sec 13.

8. No suit, prosecution or other legal proceeding shall lie against any officer or

employee of the special court or any officer of the government for anything

which is done in good faiths or as per rules therein sec 14.

9. The provision of this Act shall not affect any other existing law or custom or

usage or agreement or decree or order of a court any other tribunal authority -

sec 15.

10. Prohibition of alienation of lands grabbed - Any transaction relating to an

alienation of a land grabbed or part thereof by way of sale, lease, Gift,

Exchange, settlement, surrender, usufructuary mortgage or otherwise or any

partition effected or trust created in respect of such land.

Which has taken place before or after the commencement of this Act shall be null and void

Expect ordered by the special court or special tribunal.

Provision as to Special Courts: Sec 6A to Sec 10 and Sec 17 A

Object and Purpose: For speedy enquiry ownership and title lawful possession, trials,

decisions

Judgments as to the land grabbing matters - sec 7.

2. Constitution: A chairman and four other members two as Dist Judges (Judicial members)

and two as Revenue members not below the rank of Dist Collector - sec 7.

3. Appt of member. The chairman, generally a judge of High Court, after consultation of the

chief Justice High Court with consent of the Chief Justice of India and the other member are

appointed by the court - sec 7.

53

4. Authority of member: exercised by bench comprising of chairman as Presiding officer and

judicial and Revenue members concerning rules regulations modifications or annulments

orders in respect of land grabbing by way of criminal force or criminal intimidation etc etc -

sec 7.

5. Procedure and Power of the Special Government: Sec 8

1. To take cognizance keeping in view of location or extent or value of land or nature of evil

involved or in the interest of justice for every case arising out of any alleged act of land

grabbing.

2. With respect to the ownership and title to or lawful possession of land grabbing either

before or after commencement of this Act.

3. To conduct the trial by calling the persons having interest applicant accused person

witnesses and concerned and to give order or decision based on the facts in issue and

relevant fads, evidence etc, etc.

4. The decision shall be final.

5. Burden of proof: lies over the person who is accused of land grabbing proving himself that

he has grabbing the land-sec 10.

6. Jurisdiction: Civil jurisdiction as of a civil court or Court of Session with Public Prosecutor

for prosecution as under section 9 of the Act and.

Act sec 7 it may follow its own procedure mostly Summary Trials provided not affecting any

provision of C P C 1908 and section 262, 263" 265 of Cr.P C and principles of natural justice

and fair play.

It can also review its judgment can order passed on to mistake of facts or ignorance of any

material fact or an error apparent in the, face the record.

Special Tribunals: Sec 6A: Chief characteristic features and powers etc.

1. Every special Tribunal shall have power to try all cases not taken cognizance of by the

special court.

2. Cases relating to any alleged act of land, grabbing or with respect to the ownership and

title thereto or lawful possession of the land grabbing either before or after the

commencement of this Act.

54

3. When the case is prima facie, frivolous and vexatious it shall reject without any for their

enquiry or when any case violates the principles of C P C 1908.

4. Appellant jurisdiction of special court- from1any judgment or judgment of the special

tribunal regarding any questions of law or a fact then to within 60 days of such judgment

5. It shall be a conclusive proof against the land grabbing and the person of ownership.

6. If parson the order to compensate in terms of market value profits accrued re delivery

arrears of land revenue by the land grabbing to the owner of the land.

7. Every special tribunal shall dispute any case within 6 months from the date of institution

with all powers of a civil court.