THE ANDHRA
PRADESH LAND GRABBING (PROHIBITION) RULES, 1988
[G.O.Ms.
No. 396, Revenue (L), 30th May, 1988]
In exercise of the powers conferred by sub-section
(1) of Section 16 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982
(Act 12 of 1982) and in supersession of the rules issued in G.O.Ms. No.967, Revenue
(L) Department dated the 5th July, 1982 and published at pages 1 -9 of Part-1
Extraordinary of the Andhra Pradesh Gazette dated the 5th July, 1982, the
Governor of Andhra Pradesh hereby makes the following rules:—
1. Short Title
and Commencement :— These Rules may be called the Andhra Pradesh Land Grabbing
(Prohibition) Rules, 1988.
2. Definitions:—
In these rules, unless the context otherwise requires.
(a)
'Act' means Andhra Pradesh Land Grabbing (Prohibition)
Act, 1982.
(b)
'Court' means, the Special Court constituted under Section
7 of the Act and includes the Special Tribunal as defined under clause ( i-b)
of Section 2 of the Act;
(c)
'Form' means, a form appended to these rules:
(d)
'Mandal Revenue Officer' means, a Mandal Revenue officer
holding the charge of Revenue Mandal;
(e)
'Revenue Inspector' means, Revenue Inspector
holding the charge of a Revenue Inspector's post in a Revenue Mandal, and includes
a Special Revenue Inspector appointed by the District Collector for purpose of these
rules;
(f)
'Revenue Division Officer' means, a Deputy Collector, a Sub-Collector or an
Assistant Collector, incharge of a Revenue Division:
(g)
'Registrar' means, Registrar of the Special Court,
(h) 'Village
'means', Revenue Village.
(i)
Tribunal' means, the Special Tribunal as defined in Sec. 2 (i-b) of the Act.
3. Procedure for making Application:—
(1) Every application to be made before the Special Court under
sub-section (1) of Section 8 or before the Special Tribunal under sub-section
(1) of Section (7-A) of the Act, shall be in Form-I and shall be signed and
verified by the applicant.
(2) Every application
under sub-rule (1) shall be made in respect of the lands specified in sub-sect
ion (3) of Sect ion 1 or in respect of lands situated in other areas notified
under sub-section (38- A) thereof .
(3) Every such
application shall be presented in person or by an authorized agent or an
advocate to such Officer of the Court as may be authorized in this behalf by the
Chairman of the Special Court or the Presiding Officer of the Special Tribunal.
(4) Every such
application shall contain a statement in a concise form of the material facts
of the claim made therein and shall be accompanied by true copies of all the
documents duly attested on which the applicant proposes or is likely to rely.
The Petitioner shall file copies in the Court to be verified by the Mandal
Revenue Officer or by the Officer authorized in this behalf and as many copies
as are required for service on all the responded
4. Court Fee:—"Every application filed before the Special Court or
the Special Tribunal and also appeals and Reviews filed before the Special
Court shall be accompanied by a Court fee.
5. Procedure
of suo motu Action:— Where a Chairman or any member of the Special Court
desires that any case should be taken cognizance of suo motu, he may record a
statement of facts within his knowledge and place it before the Special Court.
6. Verification
of Application:—
(1) Every application filed under sub section (1) of Section 8 of the
Act or every case taken cognizance of suo motu by the Special Court or an
application filed under sub-section (1) Section 7-Aof the Act , before the
Special Tribunal, may be referred for local inspect ion or verification or both
by the Mandal Revenue Officer having jurisdiction over the area or by any other
Officer of the Government authorised by the Court in this behalf.
(2) The Mandal Revenue Officer or the other Officer to whom the application
has been referred under sub-rule (1} shall make or cause to be made an inspection
or verification or both, as soon as may be practicable and shall submit a full
and complete report within two weeks from the date of receipt of order with
reference to Revenue Records and facts on ground as to the following:—
(i) the correctness of the statements made in the application with regard
to columns 1 to 15 and 19 in Form-1;
(ii) the facts relating to ownerships, actual possession and use of the land
concerned; and
(iii) such other particulars and information as would be useful to the .
Court to arrive at a correct decision on the claims made in the application.
Provided
that the said Report is not required to be submitted in respect of the
application filed by The Mandal Revenue Officer.
(3) The Mandal
Revenue Officer or the other Officer to whom the application has been referred
under sub-rule (1) shall also furnish copies of the extracts of the Government
records to show the survey number and sub-division number and proof of
possession, ownership and use of the land and the payment of dues to the Government.
(4) A copy of
the report referred to in sub-rule (2) may be furnished to the applicant, to
the respondents and other persons, if any having interest in the land on payment
of copying charges.
7. Notice of taking cognizance of a case:—
(1) The Special Court shall after taking cognizance of the case under
the Act give notice in Form-II-A by publishing it in the Andhra Pradesh
Gazette.
(2) The Special Tribunal shall after taking cognizance of the case under
the Act give notice in Form-IIB by publishing in the Andhra Pradesh Gazette.
8. Notice to persons interested in land:—
(1) The Special Court shall give notice in Form III-A to the persons
known or believed to be interested in the land.
(2) The Tribunal shall give a notice in Form III-B to the persons known
or believed to be interested in the land.
9. Notice to the Land Grabber:— The Special Court shall, before passing
an order under sub-section (7) of Section 8 of the Act, and the Special
Tribunal shall before passing an order under sub-section (5) of Section 7-A of
the Act, give notice to the land grabber in Form IV.
10. Serving of
Notice:—All notices under the Act and the rules made there under shall be
served by registered post with acknowledgment due. Within three days after the
order of the Court the petitioner or appellant shall file before the
Registrar/Superintendent or as the case may be the required number of covers
correctly addressed and bearing the required stamps and accompanied by postal
acknowledgment forms. The postal acknowledgment purporting to bear the
signature of respondent or adult member of the family shall be sufficient service
of the notice. The Court may declare that an endorsement of refusal made by the
postman shall be deemed to be sufficient service. If the covers returned with
an endorsement that the addressee is not residing at the address or left the place
without instructions, the Court may direct substituted service by publication in
any Newspaper in the local language having circulation in the area in which the
respondent is known to have last resided.
11. Filing of
Counter:—The respondent of interested party may, and if, so directed by the
Court shall, file Counter within a period of fourteen days or such extended
time as the Court may grant.
12. Withdrawal
of the case from the Special Tribunal:—An application for withdrawal of a case
pending before any Special Tribunal shall be made to the Court in the form of
original petition accompanied by an affidavit stating the reasons for the
withdrawal of the application. Notice of the withdrawal shall be served on the
other side before presentation of the petition.
13. Application
of the Code of Civil Procedure, 1908:—The Special Court shall have the same
powers as are vested in the Civil Court under the Code of Civil Procedure, 1908
(5 of 1908) when trying an application in respect of the following matters
namely:
(a) enforcing
the attendance of any person and examine him on oath:
(b) compelling
the production of documents and material objects:
(c) issuing
Commission for examination of witnesses:
(d) every enquiry or investigation by the Court shall be deemed to be a
' judicial proceeding within the meaning of Sections 193 and 228 of Indian Penal
Code, 1860 (45 of 1860).
14. Transfer of criminal cases to other Benches:— If any bench of the Special
Court trying a case of land grabbing on an application under Section 8 of the
Act, considers that the criminal liability should also be determined simultaneously,
it shall place the papers before the Chairman for entrustment of criminal trial
to another bench. The judgment in the criminal case shall not however be
delivered until the proceedings on the rights over property involved are
settled.
15. Procedure for taking possession:—
(1) The Court/Tribunal shall communicate its final
decision or order to the affected parties and also in the Revenue Divisional
Officer to give effect to the decisions of the Court.
(2) The Revenue Divisional Officer shall on receipt of the order of the
Court issue or arrange to issue a direction in Form-V deputing any officer not lower
in rank than a Revenue Inspector to take possession of the grabbed land on
behalf of the Court and deliver possession of the land to the person ordered by
the Court.
(3) A copy of the authorisation issued by the Revenue Divisional Officer shall
be served or arranged to be served on the person in possession or occupation of
the land, as the case may be.
(4) Where the person in possession or occupation of the grabbed land delivers
possession thereof voluntarily, the officer so deputed by the Revenue
Divisional Officer under sub-rule (2) shall record a statement of the person to
that effect and also record a certificate in Form-VI and send the same to the
Revenue Division concerned and the Court.
(5) Where the person in possession or occupation of the grabbed land fails to
deliver possession of that land voluntarily the officer, so deputed under
sub-rule (2) may enter on the land and take possession thereof on behalf of the
Revenue Divisional Officer after removing any obstruction or unauthorised
occupant, if any, on such land, by taking such police assistance as may be
necessary and record a certificate in Form VII duly attested by two witnesses.
(6) The certificate in Form VII shall be prepared in triplicate and one copy
each shall be sent to the Special Court/Revenue Divisional Officer/ Mandal
Revenue Officer.
(7) Where the Revenue Divisional Officer directs the Officer so deputed to deliver
possession to the person ordered by the Court, the Officer shall accordingly
deliver possession and record a certificate to that effect.
(8) Where the Revenue Divisional Officer has been directed that the land taken
possession of shall be kept under his control and management, the officer so
deputed under sub-rule (2) shall, take possession of the land and report the
same to the Revenue Divisional Officer and seek his directions.
(9) An order granting compensation s nd also profits and cost of re-delivery
passed in favour of a owner other than the Government , may be executed by the
Court through the Tribunal in accordance with the provision of the Code of
Civil Procedure, 1908.
(10) The Tribunal shall execute its order granting
compensation and also profits and costs of redelivery passed in favour of a
owner other than the Government in accordance with the provisions of the Code
of Civil Procedure, 1908.
16. Appeals:—
(1) An
appeal under sub-section (3) of Section 7-A of the Act shall be preferred in the form of a Memorandum in Form VIII
signed by the appellant or his advocate and presented to the Registrar. The Memorandum
shall set forth concisely and under distinct heads, the grounds of objection to
the order in [appealed] against and the precise relief sought for.
(2)
The Memorandum of appeal presented shall be accompanied
by as many authenticated copies on plain paper, of the memo of appeal, and order
of the Tribunal as there are respondents to be served and four such copies in
addition for Court record, besides the certified copy of the order as required
to be filed under O. XLI-Rule-I of the Code of Civil Procedure, 1908, (Central
Act V of 1908).
(3)
When appeal is presented after the expiry of the
period prescribed by the Act, it shall be accompanied by an application supported
by an affidavit stating the facts on which the appellant relies to satisfy the Court
that he had sufficient cause for not preferring an appeal within the period
specified. If the Special Court sees no reason to reject the application, without
issue of notice to the respondents, notice shall be issued to the respondents
and the matter shall be finally decided by the Special Court before it proceeds
to deal with the appeal.
(4)
Where on the day fixed or any other day to which
the hearing may be adjourned, the appellant does not appear when the appeal is
called on for hearing, the Court may make an order that the appeal be dismissed.
Explanation:—Nothing
in this sub-rule shall be construed as empowering the Court to dismiss the
appeal on merits.
(5)
Where the appellant appears and the respondent does
not appear, the appeal shall be heard exports.
17. Procedure
of Hearing Applications/Appeals:— The Code of Civil Procedure shall mutatis
mutandis apply to the hearing of applications/appeals before the Special Court
so far they are not inconsistent with the provisions of the Act and the rules
made thereunder.
18. Review:—
(1) An application for the review of the order passed by the Court shall
be preferred within thirty days from the date of the order of which the review
is sought.
(2) Review application shall be decided ordinarily by the same members
who have passed the order or judgment under review. If however the member
ceases to hold office, the Chairman shall nominate any other member in his
place to hear the review petition. In cases where the Chairman who happened to
be the member of the Bench ceases to hold Office, his successor shall hear the
review petition.
19. Seal and Emblem:—The Official Seal and Emblem of the Special Court/
Special Tribunal shall be such as may by specified by the Government.
FORM I
(See
Rule 3)
*Application under sub-section (1) of Section 7 - A under sub-section
(1) of Section 8 of the Act
To
Special Tribunal (District Judge/Chief Judge, City
Civil Court Hyderabad)
The Chairman
Special Court.
Hyderabad.
1. Full name
of the Applicant
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2. Father's/Husband's
Name
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3. Address
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4. Name (s)
of the respondent (s) with father's/Husband's Name
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5. Address
of the respondent (s)
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6. Name of
the Village/Municipality/ Corporation
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7. Name of
the Mandal
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8. Name of
the District
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9. Classification
of land
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10. Survey
No. and Sub-Division No.
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11. Extent
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12. Boundaries
or S. Nos. of adjacent lands
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North :
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South :
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East :
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West :
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13. Value of
land
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14. Whether
there are any house or structures on the land; to whom they belong; How they
were acquired: market value of the land.
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15. A concise statement of all relevant facts as to the claim and
provision under which it is preferred;
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16. Summary of the evidence proposed to be adduced;
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17. True
copies duly attested of the documents relied on ;
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18. Other
relevant particulars to identify the property;
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19. A
Co-relation Statement between the Survey and Sub-division of the last
Resurvey done and the previous survey;
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20. Any other
particulars : which the applicant intended to furnish;
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I thereby declare that to the best of my knowledge and belief that the
information and particulars furnished above and its enclosures are full and
complete and correct.
Place :
Date : Signature
of the Applicant
FORM -V
(See Rule
15(2))
Office of....................................
Direction to take and deliver possession.
The Special Court/Special Tribunal under the Andhra
Pradesh Land Grabbing (Prohibition) Act, 1982 (A.P. Act 12 of 1982) by its
order number .................................. dated ..................... has
decided that the ownership of the land grabbed mentioned in the schedule below,
belongs to the Government/local authority/religious or charitable institution
or endowments or wakf/person (by name) ...................... You are hereby
deputed to take possession of the land grabbed on behalf of the Government from
Sri ...................................... Son of.........................
resident of ........................................ Village ...................................
in ....................... Mandal
of ........................................ District
who is in possession of occupation of the said land and deliver the possession
to the said owners, within a week from the date of receipt of this
authorisation. The fact of delivering the land to the rightful owner may be
reported immediately.
Officer: Designation:
THE SCHEDULE
Name of the owner of the land
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Village in which it is located
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Mandal and District in which it falls
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Survey No. Subdivision No. of the alleged land
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Boundaries of the land
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Extent of the land
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Remarks
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(1)
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(2)
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(3)
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(4)
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(5)
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(6)
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(7)
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FORM - VI
(See Rule 15(4))
Certificate
This is to certify that the Land mentioned in the
schedule below which is in my possession/occupation and I have voluntarily
delivered possession of the said land to Sri
...................................... Son of. ................................
Government/Religious or Charitable institution/Endowment including Wakf/local
authority.
Signature Designation
Witnesses
(1)
(2)
THE SCHEDULE
Name of the owner of the land
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Village in which it is located
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Mandal and District in which it falls
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Survey No. Subdivision No. of the alleged land
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Boundaries of the land
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Extent of the land
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Remarks
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(1)
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(2)
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(3)
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(4)
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(5)
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(6)
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(7)
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FORM - VII
[See Rale 15(5) & (6)]
Certificate
This is to certify that Sri
..................................... Son of ........................................
who is in possession or occupation of the land shown in the Schedule below
having failed to deliver possession of the said land/voluntarily in pursuance
of the orders of the Special Court/Tribunal, I have entered the said land and
have taken possession thereof after removing the obstruction and unauthorised
occupation on the said land on this day .........................
the................................day of ................. (Month)
........................................(Year).
Officer authorised to take possession.
Witnesses
:
(1)
(2)
THE SCHEDULE
Name of the owner of the land
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Village in which it is located
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Mandal and District in which it falls
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Survey No. Subdivision No. of the alleged land
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Boundaries of the land
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Extent of the land
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Remarks
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(1)
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(2)
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(3)
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(4)
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(5)
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(6)
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(7)
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FORM VIII
(See Rule 16(1))
Form of cause title of the Appeal In the Special Court under the Land
Grabbing (Prohibition) Act Hyderabad
Appeal No.....................of 20….
Between............................
Appellants. (Petitioners)
............................
............................
............................
Respondents. (Respondents)
............................
............................
............................
On appeal from the Court of the Special Tribunal
(District judge of ......................... in O.P. No
........................................of 20...... The appellant above named
appeals to the Special Court under A.P. Land Grabbing (Prohibition) Act at
Hyderabad from the orders of the Special Tribunal ..................... in O.P.
No...................... of 20.... dated the ........ day of..........................20.
...... and set forth the following grounds of objection to the order, appealed
from namely.
(1)
(2)
(3)
THE SCHEDULE
Name of the owner of the land
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Village in which it is located
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Mandal and District in which it falls
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Survey No. Subdivision No. of the alleged land
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Boundaries of the land
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Extent of the land
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Remarks
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(1)
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(2)
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(3)
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(4)
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(5)
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(6)
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(7)
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