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1997 Supreme(AP) 329

Andhra Pradesh High Court
Judges : P.S.MISHRA, V.RAJAGOPALA REDDY
K.Mohan Lal and N.Venkatesh - Appellant
Versus
State OF A.P.rep.by Chief Secretary to Government - Respondent
Decided On : 04-01-97

Headnote:

Constitution of India, 1950 - Article 226 - Criminal Procedure Code, 1973 - Section 260 or Section 262 - Companies act, - Sections 240 and 397 to 407 - Advertisements - Arguments - Appointment of presiding Officers - Petitioners that first Ordinance and later Andhra Pradesh Land Grabbing Act which has received assent of President of India was enforced with effect with view to prohibiting activity of land grabbing in State of Andhra Pradesh - Statement of objects and reasons gives glimpse of cause for enforcement by Legislature of State and purpose for which it is enacted - Notice of Government that there are organised attempts on part of certain lawless persons operating individually and in groups to grab either by force or by deceit or otherwise lands belonging to Government local authority religious or charitable institution or endowment including wakf or any other private person – Held, Some arguments before us and statements unlike one before Madras High Courts case - Where no party contended as to ability integrity suitability of persons appointed as members of company Law Board that some persons who are present incumbents of Land Grabbing Court could in event of more careful selection would have been found lacking either in ability or in suitability – Court have given our anxious consideration how to balance between what has existed for more than decade and what must scheme of the Constitution of India be constitution of Special Court and who be persons selected and appointed as Judicial Members and revenue Members of Court - In considered view it would be proper in case of existing Judicial Members and Revenue Members Respondent State of Andhra Pradesh is directed to hold ex post facto consultation and in case of any future appointments no selection is made of Judicial member or Revenue Member without consulting Chief Justice of high Court – Order accordingly

P. S. MISHRA, C. J.

( 1 ) THE first petition by a practising Advocate and the second on a representation by one Sri N. Venkatesh, which is made on the basis of a newspaper report having the headline "appointment in Land Grab Court raises eyebrows", under Article 226 of the Constitution of India are primarily directed to the validity of Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 and the appointment of the Judicial Members as well as Revenue Members of the Land Grabbing Special Court which is constituted under the said Act.

( 2 ) IT is stated on behalf of the petitioners that first the Ordinance and later the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (for short "the act ) which has received the assent of the President of India on 14-9-1982, was enforced with effect from 29-6-1982, with a view to prohibiting the activity of land grabbing in the State of Andhra Pradesh. The statement of objects and reasons gives a glimpse of the cause for the enforcement by the Legislature of the State and the purpose for which it is enacted. It recites as follows :"it has come to the notice of the Government that 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 belonging to the Government, a local authority, a religious or charitable institution or endowment, including wakf or any other private person. The land grabbers are forming bogus co-operative housing societies or setting up fictitious claims and including in large scale and unprecedented and fraudulent sale of land through unscrupulous real estate dealers 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. 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 formingbogus 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 :"

( 3 ) THE Act has defined "land" to include 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; "land grabber" to mean a person or a group of persons who commit land grabbing and to include 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, comp
















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