L. NARASIMHA REDDY, J.

( 1 ) A Full bench of this Court, desired that the question involved in these writ petitions, namely, whether an attempt to grab land, falls within the definition of land grabbing, under clause (e) of Section 2 of Andhra Pradesh Land grabbing (Prohibition) Act, 1982 (for short "the Act"), be considered by a Larger Bench. The necessity was felt, on account of the conflicting views, taken by the Division benches, in the decisions rendered in syedulla v. Special Court under A. P. Land grabbing (Prohibition) Act, 2002 (1) ALD 654 (DB), and Shalivahana Builders (P) ltd. v. S. G. Co-op. Housing Society, 2003 (2) ALD 476 (DB), on the one hand, and r. Komaraiah v. Special Court, Hyderabad, 2002 (4) ALD 579 (DB) and Bhavanarishi co-operative Housing Society v. State of a. P and others, WP Nos. 11640, 11658 and 14462/2002, on the other. In the former two cases, it was held that the definition of land grabbing , under Section 2 (e) of the Act, does not take in its fold, an attempt to grab land, and thereby, proceedings initiated, on the basis of allegations as to an attempt to grab, cannot be maintained, before Special court or Tribunal, constituted under the Act. In the latter, a contrary view was taken, and such proceedings were held to be maintainable. The writ petitions listed before this Bench are filed, assailing the orders passed by the Special Court, refusing to entertain the applications, on the ground that they are filed alleging, attempts to grab land.

( 2 ) IN this batch of writ petitions, the consideration before this Bench is confined to resolution of conflict, and no adjudication is undertaken on merits, of the respective writ petitions.

( 3 ) INITIALLY, the Governor of Andhra pradesh, promulgated Andhra Pradesh Land grabbing (Prohibition) Ordinance, 1982, on 29. 6. 1982. The Ordinance was replaced by, act 12 of 1982. It was enacted with an object of prohibiting the activity of land grabbing in the State of Andhra Pradesh, and to provide for matters connected therewith. The Act is made applicable only to the lands, situated within the limits of urban agglomerations, as defined in clause (n) of Section 2 of the Urban Land (Ceiling and Regulation) Act, 1976, and municipalities within the State. It can be extended to other areas, by a notification by the Government.

( 4 ) THE terms land grabber and land grabbing are defined under clauses (d) and (e) of Section 2 of the Act.

( 5 ) THE activity of land grabbing is declared as an offence, punishable under the Act, with an imprisonment, which shall not be less than six months, but may extend to five years, and with fine, which may extend to Rs 5,000/ -. Certain activities connected with land grabbing, are also made punishable, with the same sentence and fine. Initially, the Principal District Courts were constituted as Special Courts, and conferred with the powers under the Act, to enforce the provisions. Subsequently, amendments were effected to the Act, in the year 1987, through Act 16 of 1987 and Special Court and Special Tribunals were created.

( 6 ) FOR the first time, the question as to whether an attempt to grab land, can be treated as land grabbing, came to be dealt with by this Court in J. Anji Reddy v. Mir ahmed AH Khan, 1990 (1) Anwr 717. A learned single Judge of this Court held that the word land grabbing has to be taken to mean, not only past transactions, but also continuing process of grabbing and preventing the real owner, from enjoying the properties also. This was followed by another learned Single Judge, in Government of A. P. v. Sathaiah, 1993 (2) ALT 252. For the first time, the question arose before a division Bench of this Court in Syedulla s case (supra ). After referring to the provisions of the Act, and the Rules made therein, it was held that attempts to grab land does not come within the definition of land grabbing and thereby, proceedings cannot be initiated before Special Court or Tribunal, on the basis of such allegat

Click Here to Read the rest of this document