A.P. LAND ENCROACHMENT ACT, 1905 · A.P. LAND ENCROACHMENT ACT, 1905 ... of land revenue under A.P. Revenue Recovery Act, ... intervene under the provisions of Section 49 of …

A.P. LAND ENCROACHMENT ACT, 1905

Presented by

P.Tejeswara Rao

(Tahsildar)

Superintendent – H

Collectorate, Kakinada

East Godavari District

Object of the Act

This is the Act to provide measures for

checking un-authroised occupation of lands

which are property of Government.

To curb un–authorised occupation of

Government lands and to summary eviction of

un-authorised occupants.

It came into force with effect from 23.12.1904.

It contains 16 sections.

It applies to all Government lands including public

roads, streets, lanes & paths, vested in Local Body or

Municipality, Railway Lines, Port Limits etc.

Encroachment

Poramboke Land Assesed Waste Land

Poramboke Land is un-assesed land set apart for

public purpose.

Ex:- Roads, Paths, Cart Tracks, Village site, Threshing Flows,

Water Courses etc.

Poramboke lands are all together objectionable and

require prompt and stringent for their prevention.

Assessed Waste Lands

• The occupation of this class is ordinarily and

unobjectionable.

Assessed waste land available for occupation by

private persons.

Means of Enforcement RSR / Fair Adangal / A- Register / SLR

Form-1 Register

List of protected lands prepared under sec.22(A) of Registration Act, 1908.

Village Account No. 4(c).

Important provisions of the Act Sec.2:-

Right of property is public roads etc., water &

land.

All public roads, streets, lanes & paths, water

courses etc.,

Temple sites, wakf lands.

Important provisions of the Act

Sec.3:-

Levy of assessment of lands un authorisedly

occupied.

Un-authorised occupation of Government land

shall be liable to pay by way of assessment.

Payment of assessment under this section shall

not confer any right of occupancy.


Sec. 5:-

Impose penalty in addition to the assessment basing on

the nature of encroachment.

Sec. 7:- Prior notice to person in occupation

Before taking proceedings under Sec. 5 or Sec. 6, the

Collector (or) Tahsildar shall serve Section 7 notice on

the person calling on him to show cause before or

certain day why he should not be proceeded against

under Sec. 5 or Sec.6


Sec. 6:-

In addition to the imposition of assessment and

penalty, summerly evict the person in occupation.

Also if not removed by the encroacher before the

time specified in the notice.

The eviction to be carried out after hearing

objections if any.


Sec.7A:- Encroachment by group of persons on Government lands by their eviction.

The District Collector empowers to order to vacate the encroachment by group of persons on Government lands is liable for eviction without notice.

Sec. 10:- Appeal

a) Appeal shall lie within 60 days to the Collector (RDO) of any order / decision of the Tahsildar

b) To the District Collector on decision of the Collector (RDO)

To the Board of Revenue (CCLA) on decision of the District Collector


Sec. 6(3):- Any person who un-authorisedly

reenters and occupies land from which he was

evicted, shall be punishable with

imprisonment upto 6 months or fine upto

Rs. 1000/- or with both.

Procedure for Booking Encroachments

The Village Revenue Officers shall book Encroachments and record against the columns 13,14 and 15 of Adangal.

Thereafter he has to prepare Sec.7 Notice and ‘B’ Memorandum and send to Tahsildar in duplicate.

Such notice has to be entered in ‘B’ Memorandum Register maintained in the office of Tahsildar.

Sec.7 notice has to be signed by the Tahsildar

and sent to the Village Revenue Officer for the

service on the Encroacher.

After service of notice, Village Revenue Officer

and sent it to Tahsildar with his remarks

through MRI.

Steps for implementation

The Tahsildar levies assessment in respect of

unauthorised occupations (in villages). In the case of

assessed waste only.

In case of un-assessed waste highest dry rate or highest

wet rate as the case may be. (Sec.3 of Act, 1905 and

Rule 4 of Rules, 1976)

May impose a penalty in addition to the assessment

basing on the nature of encroachment. (Sec. 5 of Act)

May recover the assessment or penalty levied as arrears

of land revenue under A.P. Revenue Recovery Act,

1864. (Sec.9 of the Act)

May in addition to the imposition of assessment and

penalty, summarily evict the person in occupation, if

the encroachments are found objectionable and also

forfeit any crop or other product raised on the land or

building or any structure or deposited anything

thereon if not removed by the encroacher before the

time specified in the notice served. (Sec.6 of Act).

Mode of Eviction Serving a notice in the manner provided in Sec.7 on the

person.

The Collector / Tahsildar may deem reasonable after receipt of the notice

Conduct of summary enquiry

If such Sec.7 notice not obeyed, issue order / decision under Sec.6 and depute subordinate to remove / evict.

If any restriction, Collector shall hold a summary enquiry into the facts and if satisfied on restriction, may issue warrant for the arrest of the said person.

Custody period not exceeding 30 days.

Other related provisions Provisions in Board Standing Orders

BSO-26: Deals un authorised occupation of Government land

BSO-26 (para 3): Procedure and precautions on service of Form7 notice and Land Encroachment Act, 1905.

Para 8: Petty Encroachments on Porambokes.

Other related provisions Para 10(1): Local bodies are responsible for

dealing with encroachments on roads and streets which vest in them.

Para 10(4): Local bodies fail to take adequate action within a period of 3 years of the encroachment of being detected, Collector should intervene under the provisions of Section 49 of AP Panchayat Raj Act, 1994 & Section 64 of AP Municipalities Act, 1965 with a view to securing the discharge security by the Local Body of its duty in this respect.

Provisions in Gram Panchayat (Protection of Property) Rules 2011

The GoAP issued rules relating to Andhra

Pradesh Gram Panchayat (Protection of

Property rules) in compliance to directions of

Hon’ble Supreme Court in SLP Case No.

3109/2011.

The land belonging to Gram Panchayats shall be classified into Three (3) categories.

Category A – Own & Acquired

Category B – Gifts, Donations, Transfer of lands to Gram Panchayats

Category C – Vested with Gram Panchayats {(All

Public water works, tanks, wells, tank bunds & all

water bodies & vested porambokes (grazing lands,

burial grounds, cattle stands, cart tracks)}

The sole responsibility on protection of category A & B lands lies with Gram Panchayats

Protection of category C lands lies not only with Gram Panchayat but also with Revenue Department.

Provisions in Panchayat Raj Act, 1994

Sec. 53(1) contemplates the Gram Panchayat

shall taken steps to remove all encroachments

on public roads in any village other than roads

vesting with Zilla Parishads, State & National

highways.

Scheme of Regularization of Encroachments

Scheme of Regularization of encroachments by way of dwelling houses in Government lands

[G.O. Ms. No. 1601, Revenue (Assn. PoT) department dt: 29.08.2005]

The AP Transfer of rights to certain specified categories of occupants of un assigned Govt. lands Policy-2008

[GO Ms No. 166 Revenue (Assn. PoT) dept. dt. 16.02.2008]

Contd.,

Scheme of Regularization of Encroachments Scheme of Regularization of un objectionable

encroachments in Govt. lands by way of dwelling writs in urban areas to an extent upto 100 sq. yards to BPL families on free of cost.


Scheme of Regularization of unobjectionable encroachments in Govt. lands by way of dwelling units upto 500 sq. yards.


A.P. LAND ENCROACHMENT ACT, 1905 · A.P. LAND ENCROACHMENT ACT, 1905 ... of land revenue under A.P. Revenue Recovery Act, ... intervene under the provisions of Section 49 of …

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