ANDHRA PRADESH LAND GRABBING PROHIBITION ACT, 1982
(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.
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;
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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.
(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.
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.
(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
(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
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.
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.
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.
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.
"Special Courts' constitution" - Section 7 authorizes the Government to establish Special Courts for speedy trial of land grabbing cases, ensuring swift justice and reducing backlog in civil courts - [Source: "State Of A. P. , the Secretary to Government, Revenue Department, Hyderabad VS C. Murali Mohan"]
"Jurisdiction exclusivity" - Once cases are transferred to the Special Court or Tribunal under Section 7, civil courts lose jurisdiction, emphasizing the exclusive nature of the special tribunal's authority - [Source: "State Of A. P. , the Secretary to Government, Revenue Department, Hyderabad VS C. Murali Mohan", "Tutta Chinnayya VS Executive Officer, Varaha Lakshmi Narasimha Swamy vari Devasthanam"]
"Expeditious disposal" - The section mandates that cases should be disposed of within six months, reflecting the legislative intent to prevent delays in land grabbing disputes - [Source: "State Of A. P. , the Secretary to Government, Revenue Department, Hyderabad VS C. Murali Mohan"]
"Powers of Special Courts" - These courts possess powers akin to civil courts for inquiry, recording evidence, and passing orders, including interim measures, facilitating swift adjudication - [Source: "State Of A. P. , the Secretary to Government, Revenue Department, Hyderabad VS C. Murali Mohan", "Tutta Chinnayya VS Executive Officer, Varaha Lakshmi Narasimha Swamy vari Devasthanam"]
"Scope of jurisdiction" - The courts are empowered to try cases of land grabbing involving ownership, possession, and title, but not cases already pending in civil courts unless transferred - [Source: "State Of A. P. , the Secretary to Government, Revenue Department, Hyderabad VS C. Murali Mohan"]
"Penalties and punishment" - Violations under the Act, including illegal occupation, attract rigorous punishment with imprisonment for minimum six months and fines, underscoring the criminal nature of land grabbing - [Source: ""]
"Ouster of civil courts" - The Act's provisions, including Section 7, oust the jurisdiction of civil courts over cases transferred to Special Courts, reinforcing the specialized nature of the tribunal system - [Source: "State Of A. P. , the Secretary to Government, Revenue Department, Hyderabad VS C. Murali Mohan", "Tutta Chinnayya VS Executive Officer, Varaha Lakshmi Narasimha Swamy vari Devasthanam"]
"Legal mechanism for land disputes" - The section provides a self-contained, speedy legal mechanism for resolving land grabbing disputes, aligning with constitutional principles of speedy justice - [Source: "State Of A. P. , the Secretary to Government, Revenue Department, Hyderabad VS C. Murali Mohan"]
"Role of Government" - The Government's power to notify and constitute courts is central, reflecting executive authority in establishing specialized adjudicatory bodies for land issues - [Source: "State Of A. P. , the Secretary to Government, Revenue Department, Hyderabad VS C. Murali Mohan"]
"Criminal liability" - Contravention of the Act's provisions results in criminal penalties, including imprisonment and fines, making land grabbing a punishable offense - [Source: ""]
"Scope of trial proceedings" - The Act prescribes that the proceedings are to be completed within six months, emphasizing the importance of expeditious adjudication to prevent illegal land occupation - [Source: ""]
"Legal precedence" - Courts have consistently upheld the constitutionality and efficacy of the special tribunal system under Section 7 for land grabbing cases, reinforcing its validity - [Source: "State Of A. P. , the Secretary to Government, Revenue Department, Hyderabad VS C. Murali Mohan"]
"Jurisdictional clarity" - The Act clarifies that cases relating to land grabbing are to be tried exclusively by the special courts, excluding civil courts, to prevent jurisdictional conflicts - [Source: "State Of A. P. , the Secretary to Government, Revenue Department, Hyderabad VS C. Murali Mohan"]
"Procedural provisions" - The Rules framed under the Act, such as Rule 7, specify the procedure for initiating and conducting trials, ensuring uniformity and efficiency - [Source: ""]
"Legal interpretation" - Courts have interpreted the Act as a comprehensive, self-contained code that confers extensive powers on Special Courts, including the power to try all cases related to illegal land occupation - [Source: "00100042263"]
"Legal safeguards" - The Act provides for the right to be heard, opportunity to object, and procedural safeguards, ensuring fair trial despite the accelerated process - [Source: "State Of A. P. , the Secretary to Government, Revenue Department, Hyderabad VS C. Murali Mohan"]
"Enforcement and implementation" - The effective implementation of Section 7 relies on the proactive role of the Government and enforcement authorities to constitute courts and ensure timely disposal - [Source: "State Of A. P. , the Secretary to Government, Revenue Department, Hyderabad VS C. Murali Mohan"]
"Legal challenges" - Judicial review and constitutional challenges to the powers of the Special Courts under Section 7 have generally upheld their validity, provided procedural safeguards are followed - [Source: "State Of A. P. , the Secretary to Government, Revenue Department, Hyderabad VS C. Murali Mohan"]
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.
(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
(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.;
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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.
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.
(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.
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.
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.
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.
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.
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.
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 .
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.
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.
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.
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.
(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
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.
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.
The Schedule shall constitute the guidelines for the interpretation and implementation of this Act.
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 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
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 .
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 .
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 .
Note: The references are based on the provided sources, emphasizing key legal aspects and interpretations of the Act.
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