The Andhra Pradesh Land Grabbing (Prohibition) Act, 1982

THE ANDHRA PRADESH LAND GRABBING (PROHIBITION) ACT, 1982
ACT No. 12 OF 1982
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent, application and commencement
2. Definitions
3. Land grabbing to be unlawful
4. Prohibition of land grabbing
5. Penalty for other offences in connection with land grabbing
6. Offences by companies
7. Constitution of Special Courts
8. Procedure and powers of the Special Courts
9. Competent authority to employment orders of the Special Court
10. Burden of proof
11. Power to try offences
12. Sanction for prosecution of offences under the Act
13. Persons acting under the Act to be public servants
14. Protection of persons acting in good faith
15. Act to override other laws
16. Power to make rules
17. Prohibition of alienation of lands grabbed
18.     Repeal of ordinance 9 of 1982
THE ANDHRA PRADESH LAND GRABBING (PROHIBITION) ACT, 1982
ACT No. 12 OF 1982
 [4th September, 1982]
AN ACT TO PROHIBIT THE ACTIVITY OF LAND GRABBING IN THE STATE
OF ANDHRA PRADESH AND TO PROVIDE FOR MATTERS
CONNECTED THEREWITH.
Whereas there are organised attempts on the ‘part’ of certain lawless
persons operating individually and in groups, to grab, either by force or by
deceit or otherwise, lands (whether belonging to the Government, a local
authority, a religious or charitable institution or endowment, including a wakf,
or any other private persons) who are known as "land grabbers";
And Whereas such land grabbers are forming bogus co-operative housing
societies or setting up fictitious claims and indulging in large scale and
unprecedented and fraudulent sales of lands belonging to the Government,
local authority, religious or charitable institutions or endowments including a
wakf, or private persons, through unscrupulous real estate dealers or
otherwise in favour of certain sections of the people resulting in large
accumulation of unaccounted wealth and quick money to land grabbers;
And Whereas, having regard to the resources and influence of the
persons by whom, the large scale on which and the manner in which, the
unlawful activity of land grabbing was, has been, or is being organised and
carried on in violation of law by them, as land grabbers in the State of Andhra
Pradesh, and particularly in its urban areas, it is necessary to arrest and curb
immediately such unlawful activity of land grabbing.
And Whereas public order is adversely affected by such unlawful activity
of land grabbers;
Be it enacted by the Legislature of the State of Andhra Pradesh in the
Thirty-third Year of the Republic of India as follows:-
1. Short title, extent, application and commencement- (1) This Act may be
called the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982.
(2)   It extends to the whole of the State of Andhra Pradesh.
1 [(3) It applies to all lands situated within the limits of urban
agglomeration as defined in Clause (n) of Section 2 of the Urban Land (Ceiling
and Regulation) Act, 1976 (Central Act 33 of 1976) and a Municipality.]
2[(3-A) It applies also to any other lands situated in such areas as the
Government may, by notification, specify, having due regard to,-
(a) the urbanisable nature of the land, or
(b) the usefulness or potential usefulness of such land for commercial,
industrial, pisiculture or praunculture purposes."]
(4) It shall be deemed to have come into force on the 29th June, 1982.
2. Definitions- In this Act, unless the context otherwise requires-
(a)3 [*****]
1 . Substituted by Act No.16 of 1987, s 2.2 . Substituted by Act No. 18 of 1994, s 2.3 . Omitted by Act No. 16 of 1987, s 3.
(b) "Government" means the State Government;
(c) "land" includes rights in or over land, benefits to arise out of
land, and buildings, structures and other things attached to the
earth or permanently fastened to anything attached to the earth;
1[(cc)"land belonging to a private person" means any land belonging
to,-
(i) an evacuee;
(ii) a military personnel, or
(iii) any other private individual.
The value or the extent of which or the nature of the evil involved
shall be of substantial nature or in the interest of justice
required".]
(d) "land grabber" means a person or a group of persons who
commits land grabbing and includes any person who gives
financial aid to any person for taking illegal possession of lands or
for construction of unauthorised structures thereon, or who
collects or attempts to collect from any occupiers of such lands
rent, compensation and other charges by criminal intimidation, or
who abets the doing of any of the above mentioned acts; and also
includes the successors in interest;
(e) "land grabbing" means every activity of grabbing of any land
(whether belonging to the Government, a local authority, a
religious or charitable institution or endowment, including a wakf,
or any other private person) by a person or group of persons,
without any lawful entitlement and with a view to illegally taking
possession of such lands, or enter into or create illegal tenancies or
lease and licence agreements or any other illegal agreements in
respect of such lands, or to construct unauthorised structures
thereon for sale or hire, or give such lands to any person on rental
or lease and licence basis for construction, or use and occupation,
of unauthorised structures; and the term "to grab land" shall be
construed accordingly;
(f) "notification" means a notification published in the Andhra
Pradesh Gazette; and the word "notified" shall be constructed
accordingly;
(g) "person" includes a group of body of persons, an association, or
a religious or charitable institution or endowment, whether
incorporated or not;
(h) "prescribed" means prescribed by rules made by the
Government under this Act;
2[(i)"Schedule" means a Schedule appended to this Act;
(i-a)"Special Court" means a Special Court constituted under
Section7;
(i-b)"Special Tribunal" means a Court of the District Judge having
jurisdiction over the area concerned and includes Chief Judge, City
Civil Court, Hyderabad.]
 (j) "unauthorised structures" means any structure constructed,
without express permission in writing of the Municipal
Commissioner in any municipal corporation or municipality, and
1 . Inserted by Act No. 16 of 1987, s 3.2 . Substituted by Act No. 16 of 1987, s 3.
elsewhere of the authority concerned, or except in accordance with
any law for the time being in force in the area concerned.
3. Land grabbing to be unlawful- Land grabbing in any form is hereby
declared unlawful; and any activity connected with or arising out of land
grabbing shall be an offence punishable under this Act.
4. Prohibition of land grabbing- (1) No person shall commit or cause to be
committed land grabbing.
(2) Any person who, or on after the commencement of this Act, continues
to be in occupation, otherwise than as a lawful tenant, of a grabbed land
belonging to the Government, local authority, religious or charitable institution
or endowment including a wakf, or other private person, shall be guilty of an
offence under this Act.
(3) Whoever contravenes the provisions of sub section (1) or
sub-section (2) shall, on conviction, be punished with imprisonment for a term
which shall not be less than six months but which may extend to five years,
and with fine which may extend to five thousand rupees.
5. Penalty for other offences in connection with land grabbing- Whoever,
with a view to grabbing land in contravention of the provisions of this Act or in
connection with any such land grabbing-
(a) sells or allots, or offers or advertises for sale or allotment, or has
in his possession for the purpose of sale or allotment any land
grabbed;
(b) instigates or incites any person to commit land grabbing;
(c) uses any land grabbed or causes or permits knowingly to be
used, for purposes connected with sale or allotment; or
(d) causes or procures or attempts to procure any person to do any
of above mentioned acts, shall on conviction, be punished with
imprisonment for a term which shall not be less than six months
but which may extend five years and with fine which may extend to
five thousand rupees.
6. Offences by companies- (1) If the person committing an offence under this
Act is a company, the company as well as every person in charge of, and
responsible to, the company for the conduct of its business at the time of
commission of the offence shall be deemed to be guilty of the offence and shall
be, liable to be proceeded against and punished accordingly:
Provided that nothing in this sub-section shall render any such person
liable to any punishment if he proves that the offence was committed without
his knowledge or that he exercised all due diligence to prevent the commission
of such offence.
(2) Notwithstanding anything in sub-section (1), where any offence under
this Act has been committed by a company and it is proved that the offence
has been committed with the consent or connivance of, or that the commission
of the offence is attributable to any neglect on the part of, any director,
manager, secretary or other officer of the company, such director, manager,
secretary or other officer shall also be deemed to be guilty of that offence and
shall be liable to be proceeded against and punished accordingly.
(a) "company" means any body corporate and includes a firm or
other association of individuals; and
(b) "director" in relation to a firm, means a partner in the firm.
7. Constitution of Special Courts- (1) The Government may, for the purpose
of providing speedy enquiry into any alleged act of land grabbing, and trial of
cases in respect of the ownership and title to, or lawful possession of, the land
grabbed, by notification, constitute1[a Special Court].
(2) A Special Court shall consist of a Chairman and2 [four other
members], to be appointed by the Government.
3[(3) The Chairman shall be a person who is or has been a Judge of a High
Court and of the other four members, two shall be persons4[who are or have
been District Judges] (hereinafter referred to as Judicial Members) and the
other two members shall be persons who hold or have held a post not below
the rank of a District Collector (hereinafter referred to as Revenue Members):
       Provided that the appointment of a person who was a Judge of a High
Court as the Chairman of the Special Court shall be made after consultation
with the Chief Justice of the High Court concerned:
      Provided further that where a sitting Judge of a High Court is to be
appointed as Chairman, such appointment shall be made after nomination by
the Chief Justice of the High Court concerned, with the concurrence of the
Chief Justice of India].
(4) The Government may, from time to time likewise, reconstitute5[the
Special Court] constituted under sub-section (1) or may, at any time, abolish
such Special Court.
6[(4A) The Chairman or other member shall hold office as such for a term of two
years from the date on which he enters upon his office, or until the Special
Court is reconstituted or abolished under sub-section (4), whichever is earlier.
(4B)(a) Subject to the other provisions of this Act, the jurisdiction, powers and
authority of the Special Court may be exercised by benches thereof one
comprising of the Chairman, a judicial member and a Revenue member and
the other comprising of a Judicial Member and a Revenue Member.
(b) Where the bench comprises of the Chairman, he shall be the Presiding
Officer of such a bench and where the bench consists of two members, the
Judicial Member shall be the Presiding Officer.
(c) It shall be competent for the Chairman eithersuo motu or on a reference
made to him to withdraw any case pending before the bench comprising of two
members and dispose of the same or to transfer any case from one bench to
another bench in the interest of justice.
(d) Where it is reasonably apprehended that the trial of Civil Liability of a
person accused of an offence under this Act, is likely to take considerable time,
it shall be competent for the Chairman to entrust the trial of the criminal
liability of such offender to another bench in the interest of speedy disposal of
the case.
(e) Where a case under this Act is heard by a bench consisting of two members
and the members thereof are divided in opinion, the case with their opinions
shall be laid before another judicial member or the Chairman and that member
or Chairman, as the case may be after such hearing as he thinks fit, shall
deliver his opinion and the decision or order shall follow that opinion.]
7[(5) The quorum to constitute a meeting of any bench of the Special Court
shall be two.
1 . Substituted by Act No. 16 of 1987, s 4.2 . Substituted by Act No. 16 of 1987, s 4.3 . Substituted by Act No. 6 of 1988, s 2.4 . Substituted by Act No. 6 of 1988, s 2.5 . Substituted by Act No. 16 of 1987, s 4.6 . Substituted by Act No. 16 of 1987, s 4.7 . Substituted by Act No. 16 of 1987, s 4.
(5A) The Special Court may, by notification, make regulations not inconsistent
with the provisions of this Act or the rules made thereunder relating to the
procedure to be followed for the conduct of the cases and for regulating the
manner of taking decisions.
(5B) The Special Court may cause a public notice of the substance of such
regulations for the information of the general public.
(5C) Every regulation made under this section shall, immediately after it is
made, be laid before the Legislative Assembly of the State if it is in session, and
if it is not in session in the session immediately following for a total period of
fourteen days which may be comprised in one session or in two successive
sessions and if before the expiration of the session in which it is so laid or the
session immediately following the Legislative Assembly agrees in making any
modifications in the regulation or in the annulment of the regulation, the
regulation shall from the date on which the modification or annulment is
notified, have effect only in such modified form or shall stand annulled, as the
case may be, so however that any such modification or annulments shall be
without prejudice to the validity of anything previously done under that
regulation.
(5D) (i)Notwithstanding anything in the Code of Civil Procedure, 1908 (V of
1908) the Special Court may follow its own procedure which shall not be
inconsistent with the principles of natural justice and fair play and subject to
the other provisions of this Act and of any rules made thereunder while
deciding the Civil liability.
(ii) Notwithstanding anything contained in Section 260 or Section 262 of the
Code of Criminal Procedure, 1973 (2 of 1974) every offence punishable under
this Act shall be tried in a summary way and the provisions of Sections 263 to
265 (both inclusive) of the said Code shall, as far as may be, apply to such
trial.
(iii) When a person is convicted of an offence of land grabbing attended by
criminal force or show of force or by criminal intimidation, and it appears to
the Special Court that, by such force or show of force or intimidation the land
of any person has been grabbed, the Special Court may if it thinks fit, order
that possession of the same be restored to that person after evicting by force, if
necessary, any other person who may be in possession of the property.]
(6) No act or proceeding of1[the Special Court] shall be deemed to be
invalid by reason only of the existence of any vacancy among its members or
any defect in the constitution or re-constitution thereof.
2[7A. Special Tribunals and its powers, etc.:- (1) Every Special Tribunal shall
have power to try all cases not taken cognizance of by the Special Court
relating to any alleged act of land grabbing, or with respect to the ownership
and title to, or lawful possession of the land grabbed whether before or after
the commencement of the Andhra Pradesh Land Grabbing (Prohibition)
(Amendment) Act, 1987 and brought before it and pass such orders (including
orders by way of interim directions) as it deems fit :
        Provided that if, in the opinion of the Special Tribunal, any case brought
before it isprima facie frivolous, or vexatious it shall reject the same without
any further enquiry :
       Provided further that if, in the opinion of the Special Tribunal any case
brought before it is a fit case to be tried by the Special Court it may for reasons
to be recorded by it transfer the case to the Special Court for its decision in the
matter.
1 . Substituted by Act No.16 of 1987, s 4.2 . Inserted by Act No.16 of 1987, s 5.
(2) Save as otherwise provided in this Act, a Special Tribunal shall, in the trial
of cases before it follow the procedure prescribed in the Code of Civil
Procedure, 1908.
(3) An appeal shall lie, from any judgment or order not being interlocutory
order of the Special Tribunal, to the Special Court on any question of law or of
fact. Every appeal under this sub-section shall be preferred within a period of
sixty days from the date of Judgment or order of the Special Tribunal :
  Provided that the Special Court may entertain an appeal after the expiry of
the said period of sixty days, if it is satisfied that the appellant had sufficient
cause for not preferring the appeal within the period of sixty days.
(4) Every finding of the Special Tribunal with regard to any alleged act of land
grabbing shall be conclusive proof of the fact of land grabbing, and of the
persons who committed such land grabbing and every Judgment of the Special
Tribunal with regard to the determination of the title and ownership to, or
lawful possession of, any land grabbed shall be binding on all persons having
interest in such land :
Provided that the Special Tribunal shall by notification specify the fact of taking
cognizance of the case under this Act. Such notification shall state that any
objection which may be received by the Special Tribunal from any person
including the custodian of evacuee property within the period specified therein
will be considered by it :
   Provided further that where the custodian of evacuee property objects to the
Special Tribunal taking cognizance of the case, the Special Tribunal shall not
proceed further with the case in regard to such property :
    Provided also that the Special Tribunal shall cause a notice of taking
cognizance of the case under the Act served on any person known or believed
to be interested in the land, after a summary enquiry to satisfy itself about the
persons likely to be interested in the land.
(5) It shall be lawful for the Special Tribunal to pass an order in any case
decided by it, awarding compensation in terms of money for wrongful
possession, which shall not be less than an amount equivalent to the market
value of the land grabbed as on the date of the order and profits accrued from
the land payable by the land grabber to the owner of the grabbed land and may
direct the re-delivery of the grabbed land to its rightful owner. The amount of
compensation and profits so awarded and cost of re-delivery, if any, shall be
recovered as an arrear of land revenue if the Government are the owner or as a
decree of a Civil Court, in any other case:
     Provided that the Special Tribunal shall, before passing an order under this
sub-section, give to the land grabber an opportunity of making his
representation or of adducing evidence, if any, in this regard and consider
every such representation and evidence.
(6) Any case, pending before any Court or other authority immediately before
the commencement of the Andhra Pradesh Land Grabbing (Prohibition)
(Amendment) Act, 1987 as would have been within the jurisdiction of a Special
Tribunal, shall stand transferred to the Special Tribunal, having jurisdiction,
as if the cause of action on which such suit or proceeding is based had arisen
after such commencement.
(7) Every case brought before the Special Tribunal shall be disposed of finally
by the Special Tribunal, as far as possible, within a period of six months from
the date of its having been brought before it.
(8) The Special Tribunal shall have all the powers of a Civil Court for purposes
of review.]
8. Procedure and powers of the Special Courts- (1) The Special Court may,
eithersuo motu, or on application made by any person, officer or authority take
cognizance of and try every case arising out of any alleged act of land grabbing,
or with respect to the ownership and title to, or lawful possession of, the land
grabbed, whether before or after the commencement of this Act, and pass such
orders (including orders by way of interim directions) as it deems fit;
1[****]
2[(1-A) The Special Court shall, for the purpose of taking cognizance of the
case, consider the location, or extent or value of the land alleged to have been
grabbed or of the substantial nature of the evil involved or in the interest of
justice required or any other relevant matter :
 Provided that the Special Court shall not take cognizance of any such case
without hearing the petitioner.]
       (2) Notwithstanding anything in the Code of Civil Procedure, 1908, (Central
Act 5 of 1908)3[the Code of Criminal Procedure, 1973] or in the Andhra
Pradesh Civil Courts Act, 1972, (Act of 1972) any case in respect of an alleged
act of land grabbing, or the determination of questions of title and ownership
to, or lawful possession of any land grabbed under this Act,2[shall, subject to
the provisions of this Act, be triable in the Special Court.]
4[(2-A) If the Special Court is of the opinion that any case brought before it, is
not a fit case to be taken cognizance of, it may return the same for presentation
before the Special Tribunal :
      Provided that if, in the opinion of the Special Court, any application filed
before it isprima facie frivolous or vexatious, it shall reject the same without
any further enquiry :
       Provided further that if on an application from an interested person to
withdraw and try a case pending before any Special Tribunal the Special Court
is of the opinion that it is a fit case to be withdrawn and tried by it, it may for
reasons to be recorded in writing withdraw any such case from such Special
Tribunal and shall deal with it as if the case was originally instituted before the
Special Court.
(2-B) Notwithstanding anything in the Code of Criminal Procedure, 1973, it
shall be lawful for the Special Court to try all offences punishable under this
Act.
(2-C) The Special Court shall determine the order in which the civil and
criminal liability against a land grabber be initiated. It shall be within the
discretion of the Special Court whether or not to deliver its decision or order
until both civil and criminal proceedings are completed. The evidence admitted
during the criminal proceeding may be made use of while trying the civil
liability. But additional evidence, if any, adduced in the civil proceedings shall
not be considered by the Special Court while determining the criminal liability.
Any person accused of land grabbing or the abetment thereof before the Special
Court shall be a competent witness for the defence and may give evidence or
oath in disproof of the charge made against him or any person charged
together with him in the criminal proceeding:
        Provided that he shall not be called as a witness except on his own
request in writing or his failure to give evidence shall be made the subject of
any comment by any of the parties or the Special Court or give rise to any
1 . Omitted by Act No.16 of 1987, s 6.2 . Inserted by Act No.16 of 1987, s 6.3 . Substituted by Act No. 16 of 1987, s 6.4 . Inserted by Act No.16 of 1987, s 6.
presumption against himself or any person charged together with him at the
same proceeding.]
(3)1[*****]
(4) Every case under sub-section (1) shall be disposed of finally by the
Special Court, as far as possible, within a period of six months from the date of
institution of the case before it.
(5) 4[*****]
(6) Every finding of the Special Court with regard to any alleged act of
land grabbing shall be conclusive proof of the fact of land grabbing and of the
persons who committed such land grabbing, and every judgment of the Special
Court with regard to the determination of title and ownership to, or lawful
possession of, any land grabbed shall be binding on all persons having interest
in such land.2[******]
3 [Provided that the Special Court shall, by notification, specify the fact of taking
cognizance of the case under this Act. Such notification, shall state that any objection
which may be received by the Special Court from any person including the custodian
of evacuee property within the period specified therein will be considered by it :
Provided further that where the custodian of evacuee property objects to the
Special Court taking cognizance of the case, the Special Court shall not
proceed further with the case in regard to such property;
Provided also that the Special Court shall cause a notice of taking cognizance
of the case under the Act, served on any person known or believed to be
interested in the land, after a summary enquiry to satisfy itself about the
persons likely to be interested in the land.]
4[(7) It shall be lawful for the Special Court to pass such order as it may deem
fit to advance the cause of justice. It may award compensation in terms of
money for wrongful possession of the land grabbed which shall not be less than
an amount equivalent to the market value of the land grabbed as on the date of
the order and profits accrued from the land payable by the land grabber to the
owner of the grabbed land and may direct re-delivery of the grabbed land to its
rightful owner. The amount of compensation and profits, so awarded and costs
of re-delivery, if any, shall be recovered as an arrear of land revenue in case the
Government is the owner, or as a decree of a Civil Court, in any other case to
be executed by the Special Court :
Provided that the Special Court shall, before passing an order under this sub-
section, give to the land grabber an opportunity of making his representation or
of adducing evidence, if any, in this regard, and consider every such
representation and evidence.]
(8) Any case, pending before any court or other authority immediately
before the constitution of a Special Court, as would have been within the
jurisdiction of such Special Court, shall stand transferred to the Special
Court  [x x x]5, as if the cause of action on which such suit or proceeding is
based had arisen after the constitution of the Special Court.
6[9.Special Court to have the powers of the Civil Court and the Court of
Session: - Save as expressly provided in this Act, the provisions of the Code of
1 . Omitted by Act No.16 of 1987, s 6.2 .Omitted by Act No.16 of 1987, s 6.3 . Inserted by Act No.16 of 1987, s 6.4 . Substituted by Act No.16 of 1987, s 6.5 . Omitted by Act No.16 of 1987, s 6.6 . Substituted by Act No.16 of 1987, s 6.
Civil Procedure, 1908, the Andhra Pradesh Civil Courts Act, 1972 and the Code
of Criminal Procedure, 1973, in so far as they are not inconsistent with the
provisions of this Act, shall apply to the proceedings before the Special Court
and for the purposes of the provisions of the said enactments, Special Court
shall be deemed to be a Civil Court, or as the case may be, a Court of session
and shall have all the powers of a Civil Court and a Court of session and the
person conducting a prosecution before the Special Court shall be deemed to
be a Public Prosecutor.
10. Burden of proof:-Where in any proceedings under this Act, a land is
alleged to have been grabbed, and such land isprima facieproved to be the
land owned by the Government or by a private person the Special Court or as
the case may be, the Special Tribunal shall presume that the person who is
alleged to have grabbed the land is a land grabber and the burden of proving
that the land has not been grabbed by him shall be on such person.
10A. Staff of the Special Court:- (1) The Chairman of the Special Court may
appoint officers and other employees required to assist the Special Court in the
discharge of its functions under this Act.
(2) The categories of officers and employees who may be appointed under sub-
section (1), their salaries, allowances and other conditions of service and the
administrative powers of the Chairman of the Special Court shall be such as
may be prescribed, after consultation with the Chairman.]
11. Power to try offences- Notwithstanding anything in the Code of Criminal
Procedure, 1973, every offence punishable under this Act shall be tried by a
Magistrate of the First Class, specially empowered by the Government in this
behalf.
12. Sanction for prosecution of offence under the Act-1[No Court other
than the Special Court] shall take cognizance of an offence, punishable under
this Act, except with the previous sanction of the1[Special Tribunal], which
sanction shall be accorded having regard to the circumstances of each case.
13. Persons acting under the Act to be public servants- Any person acting
under this Act shall be deemed to be a public servant within the meaning of
section 21 of the Indian Penal Code.
14. Protection of persons acting in good faith- No suit, prosecution or other
legal proceeding shall  lie against [any officer or employee of the Special Court]2any officer of the Government for anything which is in good faith done or
intended to be done under this Act or the rules made thereunder.
15. Act to override other laws- The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any other law for
the time being in force or custom, usage or agreement or decree or order of a
court or any other tribunal or authority.
16. Power to make rules- (1) The Government may, by notification, make
rules for carrying out all or any of the purposes of this Act.
(2) Every rule made under this section shall, immediately after it is made,
be laid before each House of the State Legislature if it is in session and if it is
not in session, in the session immediately following, for a total period of
fourteen days which may be comprised in one session, or in two successive
sessions and if before the expiration of the session in which it is so laid or the
session immediately following both Houses agree in making any modification in
1 . Substituted by Act No 16 of 1987, s 8.2 . Substituted by Act No 16 of 1987, s 9.
the rule or in the annulment of the rule, the rule shall, from the date on which
the modification or annulment is notified, have effect only in such modified
form or shall stand annulled, as the case may be; so however, that any such
modification or annulment shall be without prejudice to the validity of anything
previous done under that rule.
17. Prohibition of alienation of lands grabbed- Any transaction relating to an
alienation of a land grabbed or any part thereof by way of sale, lease, gift,
exchange, settlement, surrender, usufructuary mortgage or otherwise, or any
partition effected or a trust created in respect of such land, which has taken
place1[whether before or after] the commencement of this Act shall, except to
the extent ordered by the3[Special Tribunal], be null and void.
[17A. Review: - The Special Court may in order to prevent the miscarriage of
justice review its judgment or order passed under Section 8 but no such review
shall be entertained except on the ground that it was passed under a mistake
of fact, ignorance of any material fact or an error apparent on the face of the
record:]
           Provided that it shall be lawful for the Special Court to admit or reject
review petitions in circulation without hearing the petitioner:
          Provided further that the Special Court shall not allow any review
petition and set aside its previous order or judgment without hearing the
parties affected.]
17B. Guidelines for interpretation of Act: - The Schedule shall constitute the
guidelines for the interpretation and implementation of this Act.]
18. Repeal of Ordinance 9 of 1982- The Andhra Pradesh Land Grabbing
(Prohibition) Ordinance, 1982 is hereby repealed.
2[THE SCHEDULE
       The Statement of Objects and reasons to the Andhra Pradesh Land Grabbing
(Prohibition) Bill, 1982.
It has come to the notice of the Government that there are organized
attempts on the part of certain lawless persons operating individually and in
groups to grab either by force or by deceit or otherwise lands belonging to the
Government, a local authority, a religious or charitable institution or
endowment  including a wakf or any other private person. The land grabbers
are forming bogus co-operative housing societies or setting up fictitious claims
and indulging in large scale and unprecedented and fraudulent sales of land
through unscrupulous real estate dealer or otherwise in favour of certain
section of people, resulting in large scale accumulation of the unaccounted
wealth. As public order is also adversely affected thereby now and then by such
unlawful activities of land grabbers in the State, particularly in respect of
urban and urbanisable lands, it was felt necessary to arrest and curb such
unlawful activities immediately by enacting a special law in that regard.
As the State Legislature was not then in session and as it was considered
necessary to give effect to the above decision immediately the Andhra Pradesh
Land Grabbing (Prohibition) Ordinance, 1982 was promulgated by the
Governor on the 29th June, 1982.
            This Bill seeks to replace the said Ordinance.
1 . Substituted by Act No 16 of 1987, s 10.2. Schedule added by the Act No. 16 of 1987, S.12.
The Statement of Objects and Reasons to the Andhra Pradesh Land Grabbing
(Prohibition) (Amendment) Bill, 1987.
          Law’s delays is an undeniable fact. Matters pending in Civil and Criminal
Courts take frustratingly long periods to reach finality. Matters pending in Civil
Courts are delayed notoriously for long periods. Even Criminal cases taking
long periods for disposal. The observations of Hon’ble Sri Y.V. Chandrachud,
Chief Justice, Supreme Court of India, in In Re. The Special Courts Bill, 1978
(quoted in the footnote appended below) highlight the reality. In urban areas
due to pressure on land, prices have been constantly soaring high, and taking
advantage of this phenomenon, unscrupulous and resourceful persons backed
by wealth and following occupied without any semblance of right, vast extents
of land belonging to the Government, Local authorities, Wakfs, and Charitable
and Religious Endowments and  evacuees and private person. In- several cases
such illegal occupation were noticed in respect of lands -belonging to private
individuals. who are not in a position to effectively defend their possession. In
many cases this is being done by organised groups loosely called “Mafia”, a
distinct class of economic offenders, operating in the cities of Andhra Pradesh.
Unless all such cases of land grabbing are immediately detected and dealt
sternly and swiftly by specially devised adjudicating forums the evil cannot
subside and social injustice will continue to be perpetrated with impunity. If
civil, and criminal actions are dealt by two separate forums, the desired
objective cannot be achieved due to procedural delays. In every case of land
grabbing the person responsible is liable in tort and also for criminal action. To
remedy this menace it is felt that a Special Court should be constituted with
jurisdiction to determine both civil and criminal liabilities and also award
sentences of imprisonment and fine in order to advance the cause of justice in
the same proceedings without being driven to duplication of litigation, of course
taking care of procedural fairness and natural justice. The Special Court which
consists of a retired Judge of Supreme Court or retired Chief Justice of a High
Court, retired or serving Judges of a High Court and civil servants, serving or
retired member of the Indian Administrative Service in the rank of Secretary to
Government with experience in revenue matters will entertain only such cases
in which the magnitude of the evil needs immediate eradication. Such court
will avoid duplication and further the cause of justice, since under existing law,
evidence given in a Civil Court cannot automatically be relied upon in a
criminal proceeding.
A high powered body like the Special Court, by the very nature of its
composition will be the best safeguard to guard against possible miscarriage of
justice due to non-application of the exiting procedural law for determination of
both civil and criminal liability. The Special Court, in exercise of its judicial
discretion, will decide what type of cases of alleged, land grabbing it should
entertain, the guidelines being the extent or the value or the location or other
like circumstances of the land alleged to have been grabbed. In respect of
matters in which the Special Court is not inclined to proceed with, the District
Judge exercising jurisdiction over the area will constitute the Special Tribunal.
The Special Tribunal shall have to follow the procedural law strictly and its
jurisdiction is limited only to adjudicating civil liability.
With a viewto achieving the aforesaid objective, it has been decided to
amend the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 by under-
taking suitable legislation.
As the Legislative Assembly of the State was not then in session and as it
was considered necessary to give effect to the above decision immediately the
Andhra Pradesh Land Grabbing (Prohibition) (Amendment) Ordinance, 1986
was promulgated by the Governor on the 16th September, 1986.
This Bill seeks to replace the said Ordinance.
APPENDIX
* Observations of Sri Y.V. Chandrachud, Chief Justice of the Supreme
Court of India, in In Re The Special Courts Bill, 1978 : (1979 1 SCC 380 at
429).
*“The congestion in courts, the mounting arrears and the easy and
unconcerned dilatoriness which characterise the routine trials in our courts
are  well known facts of contemporary life.  They are too glaring to permit of
disputation. Seminars and, symposiums are anxiously occupied in finding
ways and means to solve what seems to be an intractable and frustrating
problems.
NOTES ON CLAUSES
Clause 2:—Sub-section (3) of section 1 of the Andhra Pradesh Land
Grabbing (Prohibition) Act, 1982  provides for the application of the Act to all
lands, situated within the limits of a Municipal Corporation or Municipality
and to any other land situated in such other areas as the Government may,
notify. The areas comprised within a Municipal Corporation or Municipality are
limited. Due to heavy influx of people from rural areas into urban areas, the
value of lands beyond the limits of Municipal Corporations and Municipalities
has escalated enormously with the result it was felt that the area of the
operation of the Act should be extended to all the urban agglomerations as
defined in the Urban Land (Ceiling and Regulation) Act, 1976 and also to such
other land having regard to urbanisable nature of the land. It was noticed that
cases of land grabbing have been in the increase mainly in the urban
agglomerations. Hence, this clause provides for application of the Andhra
Pradesh Land Grabbing (Prohibition) Act, 1982 to the lands situated within the
limits of the urban agglomerations in the State and also such other lands
situated in such other areas as the Government may, having due regard to the
urbanisable nature of land by notification apply.
Clause 3 :—Land belonging, to private persons :
Under section 9, the competent- authority was entrusted with the
work of implementing the decisions of the Special Court. The Special Court is
now empowered to record convictions and award sentences and execute its
orders. In view of this the definition of ‘competent authority’ is omitted.
Section 4 of the, principal Act, prohibits, among other things, grabbing of
land belonging to private persons. The scope of “Land belonging to private
person” it was felt, should be specified, so that the lands belonging to certain
classes of persons, namely, evacuees, military personnel and any other private
individual also may be brought within the purview of that definition.
Special Court:—Originally the District Judge having jurisdiction over the
area concerned was also included as a Special Court where there is no Special
Court constituted under section 7 of the principal Act. It is felt that the Special
Court should be a high powered body presided over by a retired Supreme Court
Judge, or a retired Chief Justice of a High Court and the other members being
a retired or a serving Judge of a High Court and a senior member of the Indian
Administrative Service. Accordingly, it is now proposed to constitute only one
Special Court. The term “ Special Court ’’ is now suitably modified.
Special Tribunal :-    The term “Special Tribunal ” was not defined in the
principal Act. Originally the intention was that where Special Court was not
constituted, the District Judge having jurisdiction over the area will function as
Special Court. In view of the decision taken how to have a Special Court
presided over by a retired Judge of the Supreme Court or a retired Chief
Justice of a High Court, it was felt that the Special Court should not be
burdened with all cases of land grabbing and that there should be another
separate forum called " Special Tribunal ” to deal with the cases not taken
cognizance of by the Special Court. The District Judge having jurisdiction over
the area will constitute the Special Tribunal.
Clause 4:— As itwas decided to have only one Special Court presided over
by a retired Judge of the Supreme Court or a retired Chief justice of a High
Court, it is necessary to dispense with the constitution of more than one
Special Court. Accordingly subsection (1) of section 7 of the principal Act which
envisages constitution of more than one Court is suitably amended. Sub-
section (2) of section 7 has been suitably modified providing for constitution of
the Special Court consisting of Chairman and four other members. The Special
Court, because of the very nature of its composition, is empowered to regulate
its proceedings by evolving its own procedure, not inconsistent with the
provisions of the Act or rules to be made thereunder. Provision is made that
two members shall form the quorum for any bench of the Special Court and
that at any sitting of any bench of the Special Court, either the Chairman or
the judicial member shall preside. This will ensure decisions being taken in a
just and fair manner and there will not be any miscarriage of justice. The
regulations made by the Special Court are required to be notified in the Gazette
and the substance thereof will have to be exhibited by way of public notice for
the information of the general public and this ensures openness in procedural
matters.
The Special Court is allowed to evolve its own. procedure untrammelled by
the existing procedural laws in order to ensure that it determines both civil and
criminal liability in the same proceedings expeditiously. The procedure evolved
by the Special Court should beconsistent with the principles of natural justice
and fair play and this is the best safeguard against arbitrariness.
In sub-section (1) of section 7 of the principal Act, it is provided that the
Government may constituted many Special Courts as may be necessary. But as
already stated in the Statement of Objects and Reasons,it was decided to
constitute only one Special Court invested with jurisdiction - both Civil and
Criminal to deal with important cases of land grabbing. However, in cases
where the Special Court does not entertain a petition on its being satisfied that
it is not a fit case to be taken up, it is open to the petitioner to present the
same before the Special Tribunal. The intention in creating one Special Court is
that all cases of public importance should go before the Special Court, other
cases of less importance may be referred to the Special Tribunal.
 The Special court is empowered to make regulations not inconsistent with
the provisions of the Act or rules made thereunder for conducting the cases
and regulating the manner of taking decisions. The regulations so made are
required to be laid before the Legislative Assembly and the same are liable to be
modified or annulled in the said Assembly. In order to strengthen the powers of
the Special Court it is provided that a Special Court may follow its own
procedure which shall not be inconsistent with the principles of natural justice
and fair play in the trial of the cases and for recording convictions and
awarding sentences and execution of its orders. As the Special Court has to
follow its own procedure consistent with principles of natural justice and fair
play, the provisions in the Code of Civil Procedure, 1908, are not made
applicable to it. However, while deciding the criminal liability, the offences
punishable under the Act shall be tried in a summary way and the provisions
in 

Excerpt shown. Open the full act in Lexace.

‹ Prev All Andhra Pradesh acts Next ›