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
