Telangana Land Encroachment Act, 1905
Telangana Land Encroachment Act, 1905
TELENGANA
India
Telangana Land Encroachment Act, 1905
Act 3 of 1905
• Published on 1 June 2016
• Commenced on 1 June 2016
• [This is the version of this document from 1 June 2016.]
• [Note: The original publication document is not available and this content could not be
verified.]
Telangana Land Encroachment Act, 1905(Act No. 3 of 1905)Last Updated 18th January, 2020The
Andhra Pradesh Land Encroachment Act, 1905 as in force in the combined State, as on 02.06.2014,
has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation
Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in
G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
1. Short title and extent.
- This Act may be cited as [the Telangana Land Encroachment Act, 1905.] [Substituted by
G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.] It extends to the whole of the [State of
Telangana.] [Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.]
1A. [ Definitions. [Section 1-A inserted by Act No.15 of 1968.]
- In this Act, unless the context otherwise requires,-(a)"Collector" means any officer incharge of a
revenue division and includes a Deputy Collector, a Sub-Collector and an Assistant Collector;(b)[
"Deputy Tahsildar" means the Deputy Tahsildar in independent charge of a taluk or Sub-Taluk, the
dependent Deputy Tahsildar of a Sub-Taluk, or the Headquarters Deputy Tahsildar in whose
jurisdiction the land is situate and includes a special Deputy Tahsildar;](c)"Tahsildar" means the
Tahsildar in whose jurisdiction the land is situate and includes a Special Tahsildar.]
2. Right of property in public roads, etc., waters and lands.
(1)All public roads, streets, lanes and paths, the bridges, ditches, dikes and fences, on or beside the
same, the bed of the sea and of harbours and creeks below high water marks, and of rivers, streams,
nalas, lakes and tanks, and all canals and water-courses, and all standing and flowing water, and all
lands, wherever situated, save in so far as the same are the property,-(a)of any zamindar, poligar,
mittadar, jagirdar, shrotriemdar or inamdar or any person claiming through or holding under any of
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Telangana Land Encroachment Act, 1905
them, or(b)of any person paying shist, Kattubadi, jodi, poruppu or quit-rent to any of the aforesaid
persons, or (c) of any person holding under ryotwari tenure, [XXX] [The words 'including that of a
janmi in Malabar, or of a wargdar in South Canara,' were omitted by the Andhra Adaptation of Laws
Order, 1953.] or in any way subject to the payment of land-revenue direct to Government, or(d)of
any other registered holder of land in proprietary right, or(e)of any other person holding land under
grant from [the Government] [The word 'Government' was substituted for 'Crown' by the
Adaptation of Laws Order, 1950.] otherwise than by way of licence, and, as to lands, save also in so
far as they are temple site or owned as house-site or backyard, are and are hereby declared to be [the
property of Government] [The words 'the property of Government' were substituted for 'Crown
property' by the Adaptation of Laws (Amendment) Order, 1950.] except as may be otherwise
provided by any law for the time being in force, subject always to all rights of way and other public
rights and to the natural and easement rights of other land-owners, and to all customary rights
legally subsisting.(2)All public roads and streets vested in any local authority shall, for the purposes
of this Act, be deemed to be [the property of Government] [The words 'the property of Government'
were substituted for 'Crown property' by the Adaptation of Laws (Amendment) Order,
1950.].Explanation. - In this section "high water mark" means the highest point reached by ordinary
spring tides at any season of the year.
3. Levy of assessment on lands unauthorizedly occupied.
- [(1)] [Section 3 was renumbered as sub-section (1), by Act XXV of 1958.] Any person who shall
unauthorizedly occupy any land which is [the property of Government] [The words 'the property of
Government' were substituted for 'Crown property' by the Adaptation of Laws (Amendment) Order,
1950.] shall be liable to pay by way of assessment,-(i)if the land so occupied forms an assessed
survey number or part thereof, the full assessment of such number for the whole period of his
occupation or a part thereof proportionate to the area occupied, as the case may be, provided that,
for special reasons, the Collector or subject to his control, the Tahsildar or Deputy Tahsildar may
impose the full assessment of such number or any lesser sum irrespective of the area occupied;(ii)if
the land so occupied be unasessed, an assessment on the area occupied calculated for the same
period at the rate imposed on lands of a similar quality in the neighbourhood, or at the highest dry
or wet rate of the village, as the case may be, or when no such rates exist in such manner as may be
prescribed in rules or orders under section 8:Provided that payment of assessment under [this
sub-section] [Substituted for the words 'this section' by Act XXV of 1958.] shall not confer any right
of occupancy.Explanation. - For the purposes of [this sub-section] [Substituted for the words 'this
section' by Act XXV of 1958.] occupation for an incomplete portion of a fasli may be deemed to be
occupation for a whole fasli.(2)[ In the case of any class of land which is ordinarily granted on lease
or licence, the Government may levy, in addition to the assessment imposed under sub-section (1), a
further sum equivalent to the annual rent or fee which would normally be realisable thereon.]
[Added by Act XXV of 1958.]
4. Conclusiveness of decision as to amount of assessment.
- The decision as to the rate or amount of assessment [rent or fee] [Inserted by Act XXV of 1958.],
payable under section 3 shall be recorded in writing and shall not be questioned in any civil court.
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Telangana Land Encroachment Act, 1905
5. Liability of person unauthorizedly occupying land to penalty after notice.
- Any person liable to pay assessment under section 3 shall also be liable at the discretion of the
Collector or subject to his control, the Tahsildar or Deputy Tahsildar to pay in addition by way of
penalty,-(i)if the land be assessed land, a sum not exceeding five rupees or, when ten times the
assessment payable for one year under section 3 exceeds five rupees, a sum not exceeding ten times
such assessment, provided that no penalty shall ordinarily be imposed in respect of the
unauthorized occupation of such land for any period not exceeding one year;(ii)if the land be
unassessed, a sum not exceeding ten rupees, or when twenty times the assessment payable for one
year under section 3 exceeds ten rupees, a sum not exceeding twenty times such assessment.
6. Liability of person unauthorizedly occupying land to summary eviction,
forfeiture of crops, etc.
(1)Any person unauthorizedly occupying any land for which he is liable to pay assessment under
section 3 may be summarily evicted [the Collector, Tahsildar or Deputy Tahsildar] [Substituted by
Act No.15 of 1968.] and any crop or other product raised on the land shall be liable to forfeiture and
any building or other construction erected or anything deposited thereon shall also, if not removed
by him after such written notice as [the Collector, Tahsildar or Deputy Tahsildar] [Substituted by
Act No.15 of 1968.] may deem reasonable, be liable to forfeiture. Forfeitures under this section shall
be adjudged [the Collector, Tahsildar or Deputy Tahsildar] [Substituted by Act No.15 of 1968.] and
any property so forfeited shall be disposed of as [the Collector, Tahsildar or Deputy Tahsildar]
[Substituted by Act No.15 of 1968.] may direct.(2)Mode of eviction. - An eviction under this section
shall be made in the following manner, namely:- By serving a notice in the manner provided in
section 7 on the person reputed to be in occupation or his agent requiring him within such time as
[the Collector, Tahsildar or Deputy Tahsildar] [Substituted by Act No.15 of 1968.] may deem
reasonable after receipt of the said notice to vacate the land, and, if such notice is not obeyed, by
removing or deputing a subordinate to remove any person who may refuse to vacate the same, and if
the officer removing any such person shall be resisted or obstructed by any person, the Collector
shall hold a summary inquiry into the facts of the case, and if satisfied that the resistance or
obstruction was without any just cause and that such resistance or obstruction still continues, may
issue a warrant for the arrest of the said person and on his appearance commit him to close custody
in the office of the Collector or of any Tahsildar or Deputy Tahsildar for such period not exceeding
30 days as may be necessary to prevent the continuance of such obstruction or resistance or may
send him with a warrant in the form of the schedule for imprisonment in the civil jail of the district
for the like period:Provided that no person so committed or imprisoned under this section shall be
liable to be prosecuted under sections 183, 186 or 188 of the Indian Penal Code in respect of the
same facts.(3)[ Any person who unauthorisedly re-enters and occupies any land from which he was
evicted under this section, shall be punished with imprisonment for a term which may extend to six
months or with fine which may extend to one thousand rupees or with both.] [Inserted by Act No.22
of 1978.]
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Telangana Land Encroachment Act, 1905
7. Prior notice to person in occupation.
- Before taking proceedings under section 5 or section 6 the Collector or Tahsildar, or Deputy
Tahsildar, as the case may be shall cause to be served on the person reputed to be in unauthorized
occupation of land being [the property of Government] [The words 'the property of Government'
were substituted for 'Crown property' by the Adaptation of Laws (Amendment) Order, 1950.] a
notice specifying the land so occupied and calling on him to show cause before a certain date why he
should not be proceeded against under section 5 or section 6.Such notice shall be served in the
manner prescribed in section 25 of [the Telangana Revenue Recovery Act, 1864 (Act II of 1864)]
[Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.] or in such other manner as the
[State Government] [The word 'State' was substituted for 'Provincial' by the Adaptation of Laws
Order, 1950.] by rules or orders under section 8 may direct.
7A. [ Encroachment by group of persons on Government land and their
eviction. [Section 7-A inserted by Act No.23 of 1980.]
(1)Where the District Collector knows or has reason to believe that a group or group of persons,
without any entitlement and with the common object of occupying any land, which is the property of
the Government, are occupying or have occupied any such land, and if such group or groups of
persons have not vacated the land on demand by the District Collector or any officer authorised by
him in this behalf, the District Collector shall, notwithstanding anything in this Act, order without
any notice, the immediate eviction of the encroacher from the land and the taking of possession of
the land; and thereupon it shall be lawful for any officer authorised by District Collector in this
behalf to evict the encroachers from the land by force, taking such police assistance as may be
necessary, and take possession of the land.(2)Where, in any proceedings taken under this section, or
in consequence of anything done under this section, a question arises as to whether any land is the
property of the Government, such land shall be presumed to be the property of the Government
until the contrary is proved.(3)Notwithstanding anything in this Act, but subject to the provisions of
section 12A, any order of eviction passed by the District Collector under sub-section (1) shall be final
and shall not be questioned in any court.]
8. Power to make rules.
- The [State Government] [The word 'State' was substituted for 'Provincial' by the Adaptation of
Laws Order, 1950.] may make rules or orders either generally or in any particular
instance,-(a)regulating the rates of assessment, [rent or fee] [Inserted by Act XXV of 1958.] leviable
under section 3;(b)regulating the imposition of penalties under section 5;(c)declaring that any
particular land or class of lands which are [the property of Government] [The words 'the property of
Government' were substituted for 'Crown property' by the Adaptation of Laws (Amendment) Order,
1950.] shall not be open to occupation;(d)regulating the service of notices under this Act.Such
general rules or orders shall be made only after previous publication.
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Telangana Land Encroachment Act, 1905
9. Recovery of assessment or penalty levied as arrears of land revenue.
- The amount of [assessment, rent, fee and penalty] [Substituted for the words 'assessment and
penalty' by Act XXV of 1958.] imposed under this Act on any person unauthorizedly occupying any
land shall be deemed to be land-revenue and may be recovered from him as arrears of land revenue
under the provisions of the Telangana Revenue Recovery Act, 1864 [XXX] [The expression 'or the
Madras City Land Revenue (Amendment) Act, 1867, as the case may be' was omitted by the Andhra
Adaptation of Laws Order, 1953.].
10. Appeal.
(1)An appeal shall lie (a) to the Collector from any decision or order passed by a Tahsildar or Deputy
Tahsildar under this Act, and (b) to the District Collector from any decision or order of a Collector
passed otherwise than on appeal, and (c) to the Board of Revenue from any decision or order of a
District Collector passed otherwise than on appeal. There shall be no appeal against a decision or
order passed by the Collector or the District Collector on appeal, but the District Collector may
revise any decision or order passed by a Deputy Tahsildar, Tahsildar or Collector under this Act, and
the Board of Revenue [XXX] [The words 'or the Local Government' were omitted by Madras Act V of
1936.] may revise any decision or order passed by any officer under this Act.(2)Pending the disposal
of any appeal or petition for revision under this Act, the Collector, [the District Collector or the
Board of Revenue] [These words were substituted for the words 'the District Collector, the Board of
Revenue or the Local Government' by Madras Act V of 1936.], as the case may be, may suspend the
execution of the order appealed against or sought to be revised.
11. Limitation of appeal.
- No appeal shall be brought after the expiration of sixty days from the date of the decision or order
complained of, provided that in computing the period of sixty days, the time required to obtain a
copy of the decision or order appealed against shall be excluded, but the appeal may be admitted
after the period hereby prescribed when the appellant satisfies the authority to whom he appeals
that he had sufficient cause for not preferring the appeal within the prescribed period.
12. Document accompanying petition of appeal.
- Every petition of appeal under this Act shall be accompanied by the decision or order appealed
against or by an authenticated copy of the same.
12A. [ Power of Government to call for records and pass orders. [Inserted by
Act XXV of 1958.]
(1)The State Government may, in their discretion, at any time, either suo motu or on application
made to them, call for and examine the records relating to any decision or order passed or
proceeding taken by any authority or officer subordinate to them under this Act for the purpose of
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Telangana Land Encroachment Act, 1905
satisfying themselves as to the legality or propriety of such decision or order, as to the regularity of
such proceeding and pass such order in reference thereto as they think fit.(2)The State Government
may stay the execution of any such decision, order or proceeding pending the exercise of their
powers under sub-section (1) in respect thereof.]
13. Saving of operation of other laws in force.
- Nothing in this Act contained shall be construed as exempting any person unauthorizedly
occupying land from liability to be proceeded against under any law for the time being in
force:Provided that if any penalty has been levied from any person under section 5 of this Act, no
similar penalty shall be levied from him under any other law in respect of such occupation.
14. [ Bar of jurisdiction of Civil Courts. [Substituted by Act No.23 of 1976.]
- No decision made or order passed or proceeding taken by any officer or authority or the State
Government under this Act, not being a decision, order or proceeding affecting the title to the land
of a person, shall be called in question before a Civil Court in any suit, application or other
proceeding and no injunction shall be granted by any Court in respect of any proceeding taken, or
about to be taken by such officer or authority or State Government in pursuance of any power
conferred by or under this Act.]
15. Validation of levy of penal assessment before the passing of Act. Saving
of pending suits.
- Every proceeding taken by a Collector for the recovery of any sum of money by way of penal or
prohibitory assessment or charge from any person who has unauthorizedly occupied any land
hereby declared to be [the property of Government] [The words 'the property of Government' were
substituted for 'Crown property' by the Adaptation of Laws (Amendment) Order, 1950.] shall, if such
sum has been recovered prior to the passing of this Act, be deemed to have been lawfully taken,
provided that this section shall not apply to any suits pending when this Act comes into force in a
Court of First Instance or in a Court of Appeal or affect the validity and operation of any decree or
order already passed by a court of competent jurisdiction.
15A. [ Certain persons deemed to be in unauthorized occupation of land.
[This section was inserted by Act XXIX of 1950.]
- Where a lease of land which is the property of the Government expires or is terminated by the
Government or any other authority competent in that behalf, the lessee or any other person
remaining in possession of the land after such expiry or termination, orWhere land granted to any
person is liable to be resumed by the Government for the breach or nonobservance of any of the
conditions subject to which the grant is made and the Government or any other authority competent
in that behalf have passed orders resuming the land for such breach or non-observance, the grantee
or any other person remaining in possession of the land after the passing of those orders, shall for
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Telangana Land Encroachment Act, 1905
the purposes of sections 3 to 15, be deemed to be a person unauthorizedly occupying such land.]
16. Saving of lands claimed by right of escheat or reversion.
- Nothing in this Act [save as provided in section 15-A] [These words, figure and letter were inserted
by Act XXIX of 1950.] shall apply to any lands claimed by right of escheat [XXX] [The word
'resumption' omitted by Act XXIX of 1950.] or reversion until such lands have been reduced into
possession by [the State Government] [The word 'State' was substituted for 'Provincial' by the
Adaptation of Laws Order, 1950.].The provisions as per Act XXV of 1958."(1) Power to remove
difficulties. - if any difficulty arises in giving effect to the provisions of this Act, or of the principal
Act as extended by this Act, in their application to the transferred territories, in consequence of the
transition to the said provisions from the corresponding provisions of the Act in force therein
immediately before the commencement of this Act, the State Government may, by order in the
Telangana Gazette, make such adaptations or modifications of the said Act not affecting the
substance, or make such provisions as appear to them to be necessary or expedient for removing the
difficulty:Provided that the power conferred by this sub-section shall not be exercisable after the
expiration of three years from the commencement of this Act.(2)If any difficulty arises in giving
effect to the provisions of this Act, or of the principal Act as extended by this Act, (otherwise than in
relation to the transition from the provisions of the corresponding Act in force before the
commencement of this Act), in their application to the transferred territories, the State Government
may, by order, make such provisions, not inconsistent with the purposes of this Act or of the
principal Act as extended by this Act, as appear to them to be necessary or expedient for removing
the difficulty.Effect of other laws. - Nothing contained in the Hyderabad Land Revenue Act
(Hyderabad Act VIII of 1317 F.) shall apply in so far as it relates to any matter or proceeding dealt
with in the principal Act as amended by this Act except as respects things done or omitted to be
done before the commencement of this Act".
Schedule
Form of Warrant To Be Issued By The Collector Under Section 6.(Seal)ToThe Officer in charge of
the Civil Jail at ......................Whereas A.B. of................has resisted (or obstructed) C.D. in removing
E.F. (or himself, that the said A.B.) from certain land in the village of .....................in
the..................taluk, and whereas it is necessary in order to prevent the continuance of such
obstruction (or resistance) to commit the said A.B. to close custody, you are hereby required under
the provisions of section 6 of [the Telangana Land Encroachment Act, 1905,] [Adapted by
G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.] to receive the said AB. into the jail under
your charge and there to keep him in safe custody for ........................ days........... Dated this ......day
of.............days(Signature of Collector).
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