Andhra Pradesh Land Encroachment
Act, 1905
(Act No.III of 1905)
By
B.Ramaiah, I.A.S.(Retired)
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ITEMS TO BE COVERED
OBJECTIVES AND BACKGROUND
DEFINITIONS
GOVT. LANDS COVERED BY THE ACT
NORMAL COURSE OF ACTION
STATUTORY PROCESS TO BE FOLLOWED FOR EVICTION OF
ENCROACHMENTS – NORMAL PROCESS
MODE OF EVICTION - SEC.6(2)
STATUTORY PROCESS TO BE FOLLOWED FOR EVICTION OF
ENCROACHMENTS – SPECIAL CASES
APPEALS
OTHER IMPORTANT FACTORS
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OBJECTIVES AND BACKGROUND
Providing measures for checking unauthorized
occupation of Govt. lands.
Before 1869 – Encroachments were dealt with as criminal
trespass.
High Court of Madras declared it as a illegal.
Collectors were authorized to evict trespass by charging
them high assessment.
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OBJECTIVES AND BACKGROUND
High Court of Madras declared charging of high
assessment is not authorized by law. – L R is due
only from the registered pattadar ( melvaram
rights)
Statutory provision became necessary .
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DEFINITIONS
Collector – Incharge of Revenue Division – Sub-
Collector/RDO.
Deputy Tahsildar – DT incharge of a Taluq are sub-taluq,
Headquarters DT.
Tahsildar – incharge of Taluq / Mandal.
District Collector – incharge of the District.
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GOVT. LANDS COVERED BY THE ACT
Public Roads, Streets, Lanes and Paths -- Sec.2
The bridges, fences, dishes
Bed of sea, harbours, creeks below high water mark
Rivers, Streams, Nalas, Lakes, Tanks, Canals
Public roads and streets vested in local authority.
Only the exception is rights of way, natural and easement
rights of other land owners.
All lands classified as Govt. Lands
Lands leased out - the occupation after expiry/termination
of lease -- Sec.15 A
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NORMAL COURSE OF ACTION
The Tahsildar can levy land assessment -- Sec.3
Assessment of the land in the entire survey number in
case of assessed land.
If un-assessed - as per highest dry rate / wet rate.
Land given to lease – lease rent as well as assessment are
collected.
However, payment of assessment shall not confer any
right of occupancy. ---contd.
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NORMAL COURSE OF ACTION --- contd
The assessment / rent fixed by Tahsildar shall not be
questioned in any civil court.
-- Sec.4
Penalty can be imposed – after issue of notice - upto 10
times of assessment of the land in the entire survey
number in case of assessed land – 20 times in case of un-
assessed land.
Seasonal remission can be granted if the land is
unobjectionable and the encroacher is eligible.
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STATUTORY PROCESS TO BE FOLLOWED FOR
EVICTION OF ENCROACHMENTS – NORMAL PROCESS
Notice shall be issued to the encroacher. -- Sec.7
The Collector or the Tahsildar or Deputy Tahsildar issues
the notice.
The details of land encroached be specified in the notice.
Date by which the reply will be filed be indicated.
Be indicated that the structures etc., existing will be
forfeited if not removed.
Contd…. 9
It shall be served on the encroacher or any male adult
member of the family and if not possible by substitute
method.
The reply filed is considered and a speaking order is passed
– Sec.6(1)
The order to be passed considering – whether the land is
objectionable / unobjectionable – whether the encroacher
is eligible or not – whether land is not required for other
purposes.
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Encroachment may be regularized - land is
unobjectionable, the encroacher is eligible and not
required for other purposes.
Eviction order is passed - land is objectionable or the
encroacher is ineligible or required for other purposes.
The order is passed after holding a summary enquiry.
The order of eviction passed is served on the encroacher.
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MODE OF EVICTION - SEC.6(2)
If not obeyed , a sub-ordinate to the officer passed the
orders is deputed to remove the person resisting the
removal of the encroachment and to take possession.
If resistance continuous, the Collector shall hold a
summary enquiry and issue warrant for taking the
obstructer into custody and placed in civil jail till the
eviction is completed.
The order of warrant is issued in the schedule to the Act.
One can be placed in civil jail not for more than 30 days.
If the person evicted re-enters the land – liable for
imprisonment upto six months or with fine upto Rs.1000 or
both on conviction -- Sec.6(3)
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STATUTORY PROCESS TO BE FOLLOWED FOR
EVICTION OF ENCROACHMENTS – SPECIAL CASES
When group of persons without any entitlement attempt to
encroach / encroached the land.
When refuse to vacate themselves when informed.
The District Collector shall order for immediate eviction
without issue of any notice. ---Sec.7A(1) -
introduced by Act 23 of 1980.
The officer authorized by the District Collector shall evict
the encroachers.
The land covered by the orders of the District Collector
presumed to be Govt. land until the contrary is proved.
--- Sec.7A(2)
The order passed by the District Collector shall be final
and not questioned in any court. --- Sec.7A(3)
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APPEALS
Appeal lies to the Collector against the orders passed by
Tahsildar/Deputy Tahsildar. Sec.10(1)(a)
Appeal lies to the District Collector against the orders
passed by the Collector other than the orders passed in
appeals. Sec.10(1)(b)
Appeal lies to the CCLA ( Commissioner of Inquiries)
against the orders passed by the District Collector other
than the orders passed in appeals. Sec.10(1)©
The District Collector may revise the orders passed by
Tahsildar or collector under the Act SUO
MOTO ?
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The CCLA ( Commissioner of Inquiries) may revise the
Pending the appeal the authority may suspend the execution
of the order appealed against. Sec.10(2)
Appeal to be filed within 60 days from the date of order. Sec.11
Appeal may be admitted if filed after expiry of the time,
provided the appellant satisfies the authority for the delay.
The Govt. can call for records related to orders passed by
any authority. Sec.12-A
Verifies the legality / propriety of such decision or order.
Passes appropriate orders.
Govt. may stay the execution of orders of the authorities,
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pending verification of the orders.
OTHER IMPORTANT FACTORS
The encroachments are recorded in Village
Account No.4C
Civil courts have no jurisdiction to interfere with
the orders passed under the Act – except
affecting the title of the land of a person
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Thank You
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