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ANDHRA PRADESH LAND GRABBING PROHIBITION ACT, 1982

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S.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.
       (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 and a Municipality.
       (3A) It applies also to any other lands situated in such areas as the Government may, by notification specify, having due regard to,
       (4) It shall be deemed to have come into force on the 29th June, 1982.


S.2 Definitions

       In this Act, unless the context otherwise requires:
       (a)[]
       (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;
       (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;
    &nb

S.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.


S.4 Prohibition of land grabbing

       (1) No person shall commit or cause to be committed land grabbing.
       (2) Any person who, on or 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 chartiable 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.


S.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.


S.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 the 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

S.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, constitute a Special Court.
       (2) A Special Court shall consist of a Chairman and four other members, to be appointed by the Government.
       (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 persons who are 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 th


Legal Commentary on Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 – Section 7

Introduction

Section 7 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, establishes the framework for the constitution and functioning of Special Courts and Tribunals to expedite the trial and disposal of cases related to land grabbing. The section aims to provide a specialized, speedy mechanism to address illegal land occupation and possession disputes, bypassing ordinary civil courts, to prevent delays and ensure swift justice.

What does Section 7 Say

Section 7 empowers the Government to constitute Special Courts for the speedy trial of land grabbing cases, including those concerning ownership, title, and lawful possession of land. It also delineates the powers of these courts to try cases not taken cognizance of by the regular courts and to pass appropriate orders, including interim directions. Section 7 further provides for the constitution of Special Tribunals with similar powers to try cases relating to land grabbing, especially those that require expeditious disposal.

Essential Ingredients

  • Constitution of Special Courts and Tribunals: The Government has the authority to establish these courts/tribunals via notifications.
  • Jurisdiction: The courts/tribunals shall try cases related to land grabbing, including issues of ownership, possession, and title, which are not already taken cognizance of by other courts.
  • Powers: These courts possess powers akin to civil courts for conducting inquiries, recording evidence, and passing orders, including interim measures.
  • Speedy Disposal: The courts are mandated to dispose of cases within a specified period, generally six months, to ensure expeditious justice.
  • Scope: The section covers cases of illegal occupation, wrongful possession, and disputes involving land and attached structures.

Scope of Section

Section 7's scope is confined to the establishment and functioning of specialized courts and tribunals for land grabbing cases. It excludes regular civil or criminal courts from jurisdiction over such cases once they are transferred or brought before these special forums. The section emphasizes swift adjudication and the exclusion of civil court jurisdiction in land grabbing matters within its domain.

Punishment for Section

Contravention of provisions under the Act, including land grabbing or illegal possession, attracts penalties such as imprisonment for a term which shall not be less than six months and extending up to three years, along with fines. Conviction under the Act is a criminal offense, and the courts have the authority to impose such punishments.

Legal Comments

This concise legal commentary underscores the legislative intent, scope, and judicial interpretation of Section 7 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, emphasizing its role in establishing a specialized, speedy, and effective mechanism to curb illegal land occupation.

S.7(A) 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 is prima 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 Specia

S.8 Procedure and powers of the Special Courts

       (1) The Special Court may, either suo 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-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.;
     &nbs

S.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 Civil Procedure, 1908, the Andhra Pradesh Civil Courts Act, 1972 and the Code of Criminal Procedure, 1973, in so for 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 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.


S.10 Burden of proof

       Where in any proceedings under this Act, a land is alleged to have been grabbed, and such land is prima facie proved 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.


S.10(a) 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.


S.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.


S.12 Sanction for prosecution of offence under the Act

       No Court other than the Special Court shall take cognizance of an offence punishable under this Act, except with the previous sanction of the Special Tribunal which sanction shall be accorded having regard to the circumstances of each case.



Legal Commentary on Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 - Section 12

Introduction

The Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, was enacted to prevent unlawful activities of land grabbing in the state, establishing special courts with exclusive jurisdiction to try such cases. Section 12 specifically deals with the sanction required for initiating prosecution under the Act, emphasizing that only the Special Court can take cognizance of offenses, and such cognizance is subject to prior approval or sanction.

What does Section 12 Say?

Section 12 states that no Court other than the Special Court shall take cognizance of an offense punishable under this Act, and such proceedings can only be initiated with the prior sanction of the Special Tribunal or the Special Court, depending on the case. This provision ensures that prosecution is not initiated arbitrarily and maintains the special jurisdiction of designated courts.

Essential Ingredients

  • Exclusive jurisdiction of Special Court: Only the Special Court can try offenses under the Act.
  • Prior sanction requirement: No prosecution can commence without the previous approval of the Special Tribunal or the designated authority.
  • Condition precedent: The sanction is a mandatory condition before initiating criminal proceedings.
  • Scope of offenses: Applies to offenses related to land grabbing as defined under Section 2(f) and (d).

Scope of Section 12

Section 12 restricts the power to initiate criminal proceedings solely to the Special Court, preventing other courts from entertaining such cases. The requirement of prior sanction acts as a filter, preventing frivolous or malicious prosecutions. It underscores the special and exclusive jurisdiction vested in the designated courts for land grabbing cases, thereby centralizing adjudication and enforcement.

Punishment for Offense under Section 12

While Section 12 itself does not specify punishments, the Act in general prescribes penalties such as imprisonment and fines for contraventions, as per Sections 3, 4, and 5. The punishment for offenses related to land grabbing can extend up to imprisonment for a term, fines, or both, depending on the nature of the offense and the provisions invoked .

Legal Comments

  • "Exclusive jurisdiction" - Section 12 limits cognizance to the Special Court, ensuring specialized handling of land grabbing cases - .
  • "Sanction requirement" - Prior approval of the Special Tribunal is mandatory before initiating prosecution, acting as a safeguard against frivolous cases - [["Syedulla VS Special Court, Hyderabad"]].
  • "Procedural safeguard" - The provision ensures that only cases with the sanction of competent authority are prosecuted, maintaining judicial discipline and preventing misuse - [["Syedulla VS Special Court, Hyderabad"]].
  • "Restriction on other courts" - No court other than the Special Court can try offenses under the Act, emphasizing the special nature of the jurisdiction - [["Syedulla VS Special Court, Hyderabad"]].
  • "Prevents arbitrary prosecutions" - The sanction acts as a check against unwarranted or malicious legal actions, aligning with principles of fair procedure - [["Syedulla VS Special Court, Hyderabad"]].
  • "Protection of land owners" - The provision facilitates expeditious and specialized adjudication, protecting genuine land owners from illegal activities - [["Syedulla VS Special Court, Hyderabad"]].
  • "Alignment with Act's purpose" - Section 12 supports the legislative intent to curb land grabbing through dedicated courts and procedural safeguards - [["Syedulla VS Special Court, Hyderabad"]].
  • "Consistency with other provisions" - The requirement of prior sanction complements other procedural rules under the Act, such as Sections 7, 8, and 13, reinforcing the framework for trial and investigation - [["Syedulla VS Special Court, Hyderabad"]].
  • "Judicial interpretation" - Courts have emphasized that the restriction on cognizance is to ensure that only the designated courts handle such cases, preserving the integrity of the special jurisdiction - [["Konda Lakshmana Bapuji VS Govt. of A. P. "]].
  • "Legal safeguard" - The sanction requirement acts as a constitutional safeguard, balancing the state's interest in land law enforcement with individual rights - [["Syedulla VS Special Court, Hyderabad"]].
  • "Preventing abuse of process" - By requiring prior approval, Section 12 deters vexatious or politically motivated prosecutions against land grabbers - [["Syedulla VS Special Court, Hyderabad"]].
  • "Implementation in practice" - The effectiveness of Section 12 depends on the timely and proper exercise of sanctioning authority by the Special Tribunal or Court - [["Syedulla VS Special Court, Hyderabad"]].
  • "Relation with civil remedies" - The section clarifies that criminal proceedings are to be initiated only after the procedural step of sanction, even if civil remedies are pending - [["Syedulla VS Special Court, Hyderabad"]].
  • "Legal consistency" - The provision aligns with the constitutional principles of separation of powers, ensuring that prosecution under the Act is not initiated without judicial oversight - [["Syedulla VS Special Court, Hyderabad"]].
  • "Impact on enforcement" - Section 12 facilitates effective enforcement by channeling cases into specialized courts, thereby avoiding delays and jurisdictional conflicts - [["Syedulla VS Special Court, Hyderabad"]].
  • "Judicial caution" - Courts have interpreted Section 12 as a mandatory procedural step, and failure to obtain prior sanction renders the prosecution invalid - [["Konda Lakshmana Bapuji VS Govt. of A. P. "]].

In summary, Section 12 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, plays a crucial role in ensuring that only the designated Special Courts, with prior sanction, can prosecute offenses related to land grabbing. It reinforces the special jurisdiction, curbs arbitrary prosecutions, and aligns with the legislative intent to facilitate swift and specialized adjudication of land disputes, thereby strengthening the rule of law in land-related matters.

S.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.


S.14 Protection of persons acting in good faith

       No suit, prosecution of other legal proceeding shall be against any officer or employee of the Special Court or any 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.


S.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.


S.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 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

S.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 place whether before or after the commencement of this Act shall, except to the extent ordered by the Special Court, or Special Tribunal be null and void.


S.17(a) 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 it previous order or judgment without hearing the parties affected.


S.17(B) "Guidelines for interpretation of Act

       The Schedule shall constitute the guidelines for the interpretation and implementation of this Act.
       


Sch.1 .

       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 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 a wakf or any other private person. The land grabbers are forming bogus co operative housing societies or setting up fictious 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 re

APPENDIX.1 .

APPENDIX Observations of Sri Y.V. Chandrachud, Chief Justice of the Supreme Court of India, in In Re. The Special Courts Bill, 1978: (1979 I 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 problem". 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 i


Legal Commentary on Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 - Appendix.1

Introduction

The Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 was enacted to prohibit illegal activities related to land grabbing within the state, establishing legal mechanisms to prevent unlawful occupation and provide for penalties and adjudication processes .

What does Section Says

Section 4 of the Act explicitly prohibits any person from committing or causing land grabbing activities. It criminalizes the act of land grabbing and details the consequences of contravening these provisions, including penalties upon conviction .

Essential ingredients

  • Unlawful act: The act of land grabbing, which involves illegal occupation or seizure of land .
  • Intent: The prohibition applies irrespective of intent, focusing on the act itself .
  • Contravention: Violation of the statutory provisions laid down in the Act, specifically Section 4 .
  • Causation: The act must be caused or caused by the accused, either directly or indirectly .

Scope of Section

The scope encompasses:- All lands within Andhra Pradesh, including urban and rural areas .- Both actual acts of land grabbing and attempts or procurement of others to commit such acts .- Activities post the commencement of the Act, with specific provisions for ongoing occupations .- Special courts and tribunals to try cases related to land grabbing, including those not yet taken cognizance of by regular courts .

Punishment for Section

  • Conviction under the Act results in imprisonment for a minimum of six months and up to five years .
  • Fine up to Rs. 5,000 may be imposed .
  • The Act also provides for severe penalties, including the possibility of 14 years imprisonment under certain circumstances, and the establishment of special courts with powers akin to civil courts .

Legal Comments

  • Criminalization - The Act criminalizes land grabbing, emphasizing its unlawful nature and establishing penalties for offenders .
  • Broad scope - The provisions cover both actual land grabbing acts and attempts, ensuring comprehensive legal coverage .
  • Strict penalties - Imprisonment and fines serve as deterrents, with penalties extending up to five years or more under special circumstances .
  • Special courts - The Act establishes special courts and tribunals with authority to try land grabbing cases efficiently and with specialized procedures .
  • Continuing offences - The law addresses ongoing occupations of land, making continued land grabbing a punishable offence .
  • Procedural safeguards - The Act provides procedural rules for record preservation, trial procedures, and opportunities for land grabbers to make representations before orders are passed .
  • Amendments - Amendments have been made to enhance penalties and procedural provisions, including the 1986 and 1987 amendments, reflecting evolving legal approaches .
  • Jurisdiction - The Act extends to the entire state and applies to all lands within urban and rural limits, including urban agglomerations .
  • Enforcement mechanisms - Special courts and tribunals are empowered to try offences, with rules for possession and record management to ensure effective enforcement .
  • Repeal and successor laws - The 2024 Bill indicates potential repeal or replacement of the Act, suggesting ongoing legislative evolution .
  • Penal provisions - The Act stipulates imprisonment and fines, with additional provisions for special courts with civil court powers, ensuring stringent enforcement .
  • Legal precedents - Judgments have emphasized the importance of uninterrupted possession and the legal consequences of land grabbing, reinforcing the Act’s objectives .
  • Scope of punishment - The penalties reflect the seriousness of land grabbing, with provisions for both criminal and civil remedies .
  • Preventive focus - The Act aims to prevent illegal land occupation, protect lawful landowners, and maintain land tenure security .
  • Procedural fairness - The law mandates opportunities for land grabbers to be heard before orders are passed, ensuring fairness in proceedings .

Note: The references are based on the provided sources, emphasizing key legal aspects and interpretations of the Act.

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