Land Grabbing Prohibition Act

DESCRIPTION:

                          Having come into force on 29-6-1982, the A.P. Land Grabbing (Prohibition) Act, 1982 called as Act 12 of 1982 applies to 5 full Mandals namely Visakhapatnam (Urban), (2) Visakhapatnam (Rural), (3) Gajuwaka (4) Pedagantyada and (5) Paravada and 5 part Mandals i.e., (6) Anandapuram (7) Pendurthi (8) Bheemunipatnam (9) Anakapalli and (10) Sabbavaram covering totally 246 villages. A Land Protection Cell is functioning in the Collectrate, Visakhapatnam from 1989.
Applicability can be extended by a Notification U/S 1(3A) basing on the Urbanisable nature usefulness or potential usefulness of lands for Commercial, Industrial and Fisheries purposes.

Sec. 2(cc) tells of the scope of Protection under the Act for the lands of (1) an evacuee (2) A Military Personnel (3) an assignee of Government or surplus lands and any other private individual involving the value, the extent or the Nature of the evil with substantial Nature or requiring interest of Justice.

2(d) Provides meaning for a Land Grabber as occupying the lands or helping or abetting the acts of helping illegal possession of lands.

Sec.2(e) provides meaning for Land Grabbing as every illegal activity of grabbing of any land of the Government, local authority religious or charitable institutions or endowment including Wakfs or any other private one by a person or a group of persons without any lawful entitlement with a view to illegally taking possession of such lands or enter into or create illegal tenancy or leases, the licences, agreements or any other illegal agreements in respect of such lands to any person on rental on lease and on licence basis for construction, or use and occupation of un-authorised structures and the term "to Grab Land" shall be construed accordingly.

U/S 7 of the Act Special Courts are constituted consisting of a Chair Person and 4 other Members to be appointed by the Government.

Sec. 7-A provides for a Special Tribunal at District Level with powers of a Civil Court.

Sec. 8 provides for powers and Functions of the Special Courts in Hyderabad. The Spl. Court has revision powers.

The very life blood of the Act is in Sec. 7-A(5) and Sec. 8(7) providing for (1) redelivery of the Grabbed land to the owner. (2) Compensation

not less than the Market value of the land under grab as on the date of Judgement for having grabbed the land and (3) costs of the re-delivery if any involved as statutory solace to the owner/owners. The Act does not contemplate any Court awarding Market values for the grabbed land and retention of the land by the grabbers.

Note : Sec.2(d) & (e) by provinding "with a view to illegally taking possession ...............................", and ................................," or who Collects or attempts to collect from any occupiers of such lands rent compensation and other charges by Criminal intimidation...............," makes the Act quasi Civil and Quasi Criminal in Nature

ACTS

The Andhra Pradesh Land Grabbing (Prohibition) Act, 1982

The Andhra Pradesh Land Grabbing (Prohibition) Rules, 1988

FORMS

For Citizen ---From I