Government Land Assignment in Andhra Pradesh: A Complete Guide to DKT Pattas, Eligibility & New CJFS Rules

Understanding Government Land Assignment in Andhra Pradesh: A Complete Guide

        Assignment of Govt. land means grant of land at the disposal of Government to individuals / Institutions and firms either on payment of value or free of cost.

     B.S.O. 15 contains the basic rules and regulations. Govt. lands which are classified as Assessed and unassessed waste lands which are prima facie unobjectionable for assignment and porambokes which are prima facie unobjectionable can be assigned after duly following the prescribed procedure.

The following categories of lands are prohibited from assignment.

1. Tank beds, foreshore of tank beds, cattle stand, burial grounds,
   grazing grounds, lands reserved for depressed classes or for any public purpose.
2. Watercourse porambokes, lands in the vicinity of reserved forests, lands containing topes or valuable trees, lands within cantonment limits, lands reserved u/s 26 of Forest Act, lands within Port limits, lands in the vicinity of Railway Stations, Aerodromes or landing grounds, lands containing minerals, quarries etc., lands within the flood banks of rivers padugais.
3. Govt. lands in towns, municipalities, Dist.Hqrs. And within periphery of one mile (G.O.Ms.No. 1122, Rev.29-6-61, read with G.O.MMs.No.1409, Rev. dt.(19-8-78).
4. Assignment / alienation of tank bed lands should not be done without prior permission of CCLA / Government.
5. Assignment / Alienation of Govt. lands free of cost to State undertakings / public institution, coop institutions market committees is prohibited vide G.O.Ms.No.700, Rev 20-6-86.

Lifting of Ban :

1. The ban on assignment of Govt. lands at mandal headquarters within 2 Kms from their periphery is lifted (G.O.Ms.No.634 dt.2-7-90.)
2. The ban on assignment of Govt. lands, within 5 Kms from High Water mark is lifted (G.O.Ms.No.625). dt.(29-6-90)
3. The exiting concession of granting land free of cost to Gram Panchayats, M.P.Ps and Municipalities will be continued.

Competence :

          The authority competent to assign the lands is the Mandal Revenue Officer upto 2.5 acres of wet land or Ac.5.00 of dry land to land less poor persons. All other cases should be referred to the appropriate authority for orders, basing on the value of the land.

Land less poor:

The Govt. have recently issued orders defining the land less poor person as follows:

Landless poor person is one who does not own or has share in ancestral or acquired land in excess of Ac.2.50 of wet land or 5.00 of dry land and also person engages in agri. Operations having a total income of less than Rs.6,000/- per annum including the income of all family members. The term family members does not include Married son for the purpose of assignment though they may be staying at parental abode under the same roof. [G.O.Ms.1019, Rev..(Asn.I) Dept. Dt. 5-10-94]

In addition the following persons are eligible.

1. Ex.Toddy tappers.
2. Backward communities/Weavers
3. Jawans discharged on compassionate/Medical grounds after 5 years of service.
4. Serving soldiers
5. Coop. Societies consisting of landless poor persons
6. Political sufferers.

Political sufferers

          Persons who have participated in one of the 8 freedom movements organised by the Indian national Congress remained underground but did not suffer imprisonment provided they were proclaimed offenders of those on whom the award of arrest was announced but were not arrested or persons whose detention orders were issued but not served for a period of not less than 6 months and also Martyrs be declared as political sufferers for the purpose of assignment of Govt. lands under the scheme. List of political sufferers was already compiled by the District Collectors. It has to be ensured whether the applicant is registered in the list of political sufferers and if so whether the applicant is allotted land previously before considering the request and processing it.

          Political sufferers are eligible for assignment of Govt.. Land upto Ac.5.00 of wet or Ac. 10.00 of dry land (G.O.Ms.No. 946 Rev. Dept. Dt. 26-7-79)

Govt. in G.O.Ms. No. 185 Rev. Department dated 11.3.1997 issued the following revised guidelines for assignment of lands to the political sufferers.

1. Agricultural land in Visakhapatnam, Hyderabad and Rangareddy district cannot be assigned to Freedom fighters as the land in these districts is required for Government purpose. In other districts, wherever land is available, it will be assigned as per existing scales/rules.
2. Assignment of land for agricultural purpose shall not be considered unless the land is available in the native village of the Freedom Fighter, where it is not required for any public purpose and house sites.
3. Assignment of land for house sites will be made to persons (ie. individual freedom fighters), but not to the Society of Freedom Fighters. The house site pattas are heritable. The Freedom Fighters are not entitled to alienate the lands within ten years. Requests of the spouse of the freedom fighter, who expired may be considered later. Children/legal heirs of the freedom fighters are not eligible for allotment of house sites.
4. A maximum extent of 300 Sq. Yards may be allotted as house site to the freedom fighters anywhere in the State. Orders sanctioning freedom fighter’s pension may be taken as the basis for allotment of house sites. Fresh Jail Certificates need not be insisted upon.
5. For the purpose of allotment of house sites, the region may be taken as a unit instead of District i.e. a freedom fighter can apply for house site in his native region (Telangana, Andhra or Rayalaseema).
6. Transfer of names of freedom fighters from their respective districts to districts like Visakhapatnam Rangareddy and other urban areas shall be banned.

Amendment to B.S.O 15-10-2.

          Among landless poor applicants preference shall be given to landless persons. As between Sivaijamadar and non-sivaijamadar a sivaijamadar local resident agricultural labourer who is dependent on agriculture only and who owns no land at all except the land under occupation shall be given preference. The land holding of the existing sivaijamadars shall be given preference. The Land holding of the existing sivaijamadars who are in possession of Ac.2.50 of wet or Ac.5.00 of dry including the land owned by the family can be regularised and sivaijamadars who are in occupation of the land over and above the limits should be evicted and the land assigned to landless poor persons.

Wet: Agrl lands which are under projects and which receive water from Govt. irrigation source for a period of not less than 5 months in a fasli year shall be treated as "Wet". All other lands shall be treated as dry.

Amendment to B.S.O 15 para - 1.

          The M.R.O is competent to assign lands to landless poor applicants subject to the limit specified in B.S.O 15-2-11.

Amendment to B.S.O 15-10-1.

Eligible landless poor persons within the Mandal limits can be considered. The requirement of residence of the applicant in the village where lands assigned are located need not necessarily be taken as a sole requisite for determining eligibility. Among the eligible land less preference to landless poor of adjoining villages and third to the land less poor persons within the Rev. Mandal.

Assignment - Procedure

1. Application on plain paper can be accepted and entered in Dharakhast register.
2. The land applied for should be verified whether it is prima facie available & eligible.
3. A. 1 notice should be published.
4. After the publication, A. Memorandum should be prepared by the M.R.I. and sent in duplicate with A.1 notice and a sketch.
5. The resolution of Gram panchayat should be obtained.
6. In case of poramboke land ayan conversion proposals have to be sent to R.D.O. Concerned.
7. In case of trees and structures on the ground, notice in Form C.I for recovery of value of trees/structures shall be served on the applicant.
8. Lands assigned are subject to the conditions laid down by the Govt. and as prescribed in B.S.O. The land assigned is heritable but not alienable.
9. The assignment is liable for cancellation on violation of conditions.

Appeals:

          From every original decision of assignment of the M.R.O., appeal is allowed within 30 days to the Divisional Officer and Collector respectively and within 40 days from the date of decision of the Collector to the CCLA.

          A revision to the Collector against the orders of R.D.O in appeal is also allowed. All appeals should be stamped with court fee label of Rs.5/-.

House sites:

1. Procedure laid down in B.S.O.21 has to be followed;
2. All applications should be entered in Village Registers and Mandal registers in the form prescribed in Appendix XVI and XXI respectively;
3. Notice of 15 days in Form XV to be published by Village Secretary
4. Report in Appendix XVI in duplicate with the published copy of notice to M.R.O. by Village Secretary
5. The M.R.O. should send a copy of Village Secretary report to local body for its opinion within 2 months and objections raised by it should be considered;
6. If the application is allowed by the M.R.O. he has to issue an order in Appendix XIX or XX or XXIV. These orders should be registered in the prescribed registers.

Selection of Beneficiaries :

          Openly in Grama Sabha, Layout and list of Beneficiaries should be approved by R.D.O.

          Grant of house site pattas to eligible encroachers in unobjectionable areas in Municipalities and Towns is governed by G.O.Ms.No.361 Rev (L) Dept. Dt.15-4-89 as amended in G.O.Ms.No.641 Rev. (Assignments-II) Dept. dt.3-7-90.

The norms prescribed are:

1. Period of occupation of atleast 5 years;
2. Pattas will be given in the name of Women;
3. Owners of houses who let out to Tenants are not eligible but in such cases only tenants in occupation should be the beneficiaries;
4. Encroachers who own another dwelling unit or site elsewhere are not eligible;
5. Area of limit for assignment free of cost shall be 50 Sq yards. Relaxable upto 140 Sq Yards in specific cases for specific reasons;
6. Area in excess of 140 Sq Yards should be regularised on payment of Market Value and Development charges where eviction is not feasible;
7. Occupiers of residential huts only in objectionable areas, are eligible for alternative accommodation. The provisions of Act IX of 1977 (The A.P.Assigned Lands (Prohibition of Transfer) Act shall apply to the grants of house sites, in view of the amendment issued to B.S.O.21 for the existing condition(9) in form of Assignment of House Site Patta to the effect that the assignment of land for House Site Patta is heritable but not alienable.

Assignment Review Committee :

Reconstitution of Assignment Review Committee as per G.O. Ms. No. 146 Revenue (L. Ref) Department, dated 05-02-1996 read with G.O.Ms. No. 16 Revenue (L. Ref. I) Department dated 17-012005 and G.O.Ms. No. 98, Revenue (L. Ref. I) Department dated 17-01-2005.

1. MLA of the constituency (Chairman)
2. Revenue Divisional Officer/Sub-Collector/Aest. Collector (Member)
3. Three social workers of the Assembly constituency
   a) One from SC/ST
   b) One from BC/Minorities
   c) One from other category
   (one among them shall be women) (Member)
4. Respective Mandal President, ZPTC, Municipal Chairperson (they will be invited if lands of that Municipality are involved) (Member)
5. One representative each from the re-cognized National/State Political Parties who contested in the last General Elections in that Constituency and who has secured not less than 10% votes Polled. (Member)
6. Mandal Revenue Officer whose jurisdiction comprises the areas included in the constituency for their respective areas of assignment of land.

The Chairman, DDRC will nominate the three members at item No. 3 above. The duties and functions etc., of the above committee shall be as annexed to GO. (Member-Secretary)

 

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Assignment Committee – Assignment of Government lands and surplus lands under Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings ) Act,1973 – Reconstitution of District Level Assignment Review Committees under the Chairmanship of District In-charge Minister - Orders – Issued

REVENUE (ASSGN.I) DEPARTMENT

G.O.MS.No. 250, Dated: 15-05-2018

1. G.O.Ms.No.146, Revenue (L.Ref.) Dept., dt.05.02.1996
2. G.O.Ms.No.16, Revenue (L.Ref.I) Dept., dt.07.01.2005,
3. G.O.Ms.No.98, Revenue (L.Ref.I) Dept., dt.17-01-2005
4. G.O.Ms.No.186, Revenue (Assn.I) Dept., dt.19-2-2008
5. G.O.Ms. No.85, Revenue (LR) Dept., dt.31.01.2011
6. G.O.Ms.No.412, Revenue (Land Reforms) Dept., dt.28-06-2012
7. From the Spl.C.S. & Chief Commissioner of Land Administration, A.P., Vijayawada,
   Letter No.Assn-I(1)/820/2016, dt.11.4.2018

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ORDER:
In the circumstances stated by the Special C.S. & Chief Commissioner of Land Administration, A.P., in the reference 7th read above, after careful examination of the proposal of the Special C.S. & Chief Commissioner of Land Administration, A.P., in suppression of the orders issued in G.Os. 1st to 6th read above, Government hereby reconstitute the District Level Assignment Review Committee under the Chairmanship of District incharge Minister with the Members as follows:

1. District incharge Minister --- Chairman
2. Concerned District Minister/s --- Members
3. Joint Collector --- Member-Convenor
4. MLCs who choose the constituency concerned --- Special invitee
5. MLA of the Assembly Constituency concerned --- Member
6. RDO/Sub-Collector concerned --- Member

              The Spl.C.S. & Chief Commissioner of Land Administration, A.P., and all the District Collectors shall take necessary action accordingly.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

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GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Lands – Winding up of defunct Co-operative Joint Farming Societies (CJFS) and other CJF Societies on the representation of the members of the Societies as per the provisions of Andhra Pradesh Co-operative Societies Act, 1964 – Issue of DKT Pattas as per BSO-15 and assignment laws in existence in the State for the members and their legal heirs of CJFS – Orders – Issued

G.O.MS.No. 288, Dated: 01-06-2018

1)From the District Collector, SPSR Nellore District, Letter Rc.No.E11/19/2018, dated 31-03-2018.
2)From the Spl.C.S. & Chief Commissioner of Land Administration, Letter No.Assn.II(1)/289/2018, dated 13.04.2018.

ORDER:

1.   The District Collector, SPSR Nellore District in his letter 1st read above has submitted a report for permission to convert assignments under CFJS lands to DKT category to entitle the assignees to derive benefits on par with the DKT Assignees. Huge extent of land in SPSR Nellore District had been assigned to several landless poor under CJFS fold with Revenue Divisional Officer as Pattadar from 1975 to 1980. Land rights are vested with Revenue Divisional Officer and cultivation rights with Farmer.

2.   The Special C.S. & Chief Commissioner of Land Administration, A.P., in his letter 2nd read above has stated that most of the CJFS lessees/Assignees have alienated in favour of others and are cultivating the land defeating the objective of providing livelihood to landless poor. These alienations have given rise to numerous land disputes and litigations. He has further stated that the conversion of CJFS into DKT would entitle the assignees to derive benefits on par with DKT assignees and also get “D” Form patta which would mean land rights are vested in the assignee in addition to cultivation rights. They would be entitled to get pattadar pass book and thereby get easy accessibility to agricultural credit and other subsidies announced by the State Government. It would be easier for Revenue authorities to maintain revenue records/ entries in respect of these lands. He has suggested to CJFS Societies are to be wound up duly following the procedure prescribed in the AP Cooperative Societies Act, 1964, wherever required. The CJFS Members are to be given priority while identifying the beneficiaries eligible for assignment.

3.   The Special C.S. & Chief Commissioner of Land Administration, A.P., has stated that until the society exists, the land cannot be assigned to the individuals. Winding up of the society is Mandatory. After winding up of the society, the land vests with the Government and the land can be assigned to the eligible beneficiaries as per BSO 15. He has requested to issue orders to conversion of the CJFS lands into DKT lands to issue individual pattas for the members eligible for better utilization of lands and to assignment to get all benefits on par with DKT Pattas.

4.   Government after careful examination of the proposal of the Spl.C.S. & Chief Commissioner of Land Administration, hereby order for winding up of the defunct Co-operative Joint Farming Societies (CJFS) and also winding up of other CJF Societies on the representation of the members of the Societies duly following the provisions of Andhra Pradesh Co-operative Societies Act, 1964 and Rules in force. Consequent of winding of the Societies, the CJFS lands would be P.T.O. available for issue of individual DKT pattas as per BSO-15 and assignment laws in existence in the State for the members and legal heirs of CJFS, who are eligible for assignment for better utilization of lands. Other eligible Land Less poor persons would also be considered in case of the members/ their legal heirs are not available.

5.   The Spl.Chief Secretary & Chief Commissioner of Land Administration and all the District Collectors shall take necessary action accordingly.

REVISED POLICY

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Assignment – Land- Revised Policy- Instructions- Issued – Revenue Department

GO Ms.No.1142, Dt.18.06.1954

Read again:-

1. GO No.1523, Revenue, dt. 11.06.1949.
2. Govt.Memo.No.40263 F/49-2, dt. 15.07.1949.
3. GO No.2692, Revenue, dt. 07.10.1950.
4. Govt.Memo.No.21923 F/52-1, Revenue, dt. 14.04.1952.
5. Govt.Memo.No.21923 F/52-4, Revenue, dt.0 1.05.1952.
6. Govt.Memo.No.21923 F/52-16, Revenue, dt. 16.06.1952.
7. GO Ms.No.1957, Revenue, dt.07.07.1952.
8. GO No.82, Revenue, dt. 09.01.1953.
9. Govt.Memo.No.10959 F/53-1, Revenue, dt. 26.02.1953.
10. GO No.615, Revenue, dt.28.02.1953.
11. Govt.Memo.No.10959 F/53-4, Revenue, dt.09.03.1953.
12. GO Ms.No.1508, Revenue, dt.29.05.1953.
13. GO Ms.No.1667, Revenue, dt.13.06.1953.
14. Govt.Memo.No.7018 AF/53-5, Revenue, dt.28.01.1954.

Read also :-

1. From Board of Revenue No.939/53-5, dt. 27.01.1954.
2. From Board of Revenue No.939/53-5, dt. 27.04.1954.

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1. The Government have examined the question of revision of the existing rules relating to the assignment of lands at their disposal, and pass the following orders :-

(1) Lands at the disposal of the Government should be assigned only to landless poor persons who directly engage themselves in cultivation, including ex-toddy tappers, backward communities and weavers.

          Note:- (i) A landless poor person is one who owns not more than 2 1221​ acres of wet or 5 acres of dry land and is also poor. The questions whether a person is poor or not will be decided by the Collector using his own discretion. One acre of wet land will be treated as equivalent to two acres of dry land.

                   (ii) The share of each member of a joint family as also the enjoyment of the income of the joint family by an applicant shall be taken into consideration for deciding whether or not he is a landless poor person.

2. The maximum extent of land to be assigned to each individual shall be limited to 2 1221​ acres of wet or 5 acres of dry, subject to the proviso that in computing the area, lands owned elsewhere by the assignee shall be taken into account so that the land assigned to him together with what is already owned by him does not exceed the total extent of 2 1221​ acres of wet or 5 acres of dry land.

Note:- Variations upto 10 percent of the extent stated above may be allowed, wherever necessary.

3. The assignment of lands shall be free of market value.
4. The assignment of the following classes of lands is prohibited :-

(i) Poramboke (tank-beds, cattle stands, grazing lands) and reserved lands (reserved for depressed class members or for any public purpose, such as schools, play grounds, maternity centres, reading rooms, extension of house sites, panchayat purposes, town sites and lands in the proximity of town
and village sites and lands in the proximity thereof:
(ii) Land which has been unoccupied for 18 months and adjoins a reserved forest or an unreserved block of a square mile or more until the Collector has consulted the District Forest Officer and considered any objections, he may have to its assignment:
(iii) Lands containing topes or valuable trees:
(iv) Lands within cantonments limits:
(v) Lands reserved under section 26 of the Forest Act:
(vi) Lands within port limits:
(vii) Lands near the sea coast within one furlong of high water mark of the sea.
(viii) Water course, porambokes, namely, margins of canals, channels, streams etc.:
(ix) Lands in the vicinity of aerodromes or landing grounds (i.e) within a belt of 200 yards;
(x) Lands containing minerals, quarries etc.
(xi) Padugais, i.e., land within the flood bank of rivers, lanka lands not held on ryotwari tenure, river accerctions and reformed lands for which the former owners have ceased to pay assessment;
(xii) Lands where “Pati matti ” is available.
(xiii) Any other lands which are acquired or likely to be reacquired for any public or any special purposes necessary for the provisions of amenities to the community or connected with the development of the village:

                   Provided, whoever that tank- bed lands, fore shore lands and lands under categories VII,X,VI and XII above, if not immediately require or if their occupation be not objectionable at present may be leased with a condition for resumption, when required for any public purpose without payment of compensation.
5. The assignment of lands shall be subject to the following conditions:

(i) Lands assigned shall be heritable but not alienable;
(ii) Preference shall be given to the village where the lands are situated;
(iii) Lands assigned shall be brought under cultivation within three years;
(iv) No, land tax shall be collected for the first three years except for the extent, if any, which has already been brought under cultivation. Water rate shall, however, be charged if the lands are irrigated with Government water.
(v) Cultivation should be by the assignee or the members of his family or with hired labour under the supervision of himself or a member of his family.
Note:- (1) For breach of any of the conditions (i), (iii) and (v) above, the Government will be at liberty
to resume the land and assigning to whomsoever they like.
(2) “ The lands assigned to landless persons under the GO may be mortgaged to the Government or to a Co-operative Society recognized by the Government including a Land Mortgage Bank or the Panchayat Samiti for obtaining loans for development of the land. The loan to be advanced will be in installments not less than 3 depending upon the improvement effected on the land. No prior permission of the Government is necessary for such mortgage” [GO MS.No.1161, Rev, dt. 19.09.68]

6. Lands may be assigned to Co-operatives provided that:-

(a) The Society is registered;
(b) The members of the Society are all landless poor persons;

(c) The extent assigned does not exceed the total of what its individual members may be granted if assigned individual by;
(d) The Society shall not alienate or subject the land assigned to it. In case this condition is violated, the Government will be at liberty to resume it and assign it to others. Regard shall be generally be had to the principles of the Co-operative Societies Act in dealing with assignment of lands to co-operative societies for resumption thereof;
(e) The assignment of the land to individual members of the society shall be made after obtaining the orders of the Government when the society finds it necessary to allot ownership to individuals to provide incentive( GOMS.No.706, Rev, dt. 03.05.1962)

Note:- The lands assigned to CO-operative Farming Societies under GO Ms.No.1142, Revenue, dt. 18.06.1954, may be mortgaged to the Government or to a Co-Operative Society, recognized by the Government including a Land Mortgage Bank or the Panchayat Samiti for obtaining loans for development of the land. The loan to be advanced will in installments not less than 3 depending upon the improvement effected on the land. No prior permission of the Government is necessary for such mortgage” ( GO MS.No.1161, Rev, dt. 19.09.63)

7. In the case of compact blocks, assignments should begin from one end of the block and proceed on a contiguous basis, so that whatever extent may remain unassigned at any time would still constitute a compact area.
8. Isolated plots of land not exceeding one acre of wet or two acres of dry contiguous to and necessary for the convenient enjoyment of the lands privately owned by ryot, may be assigned to him on payment of full market value, although he may not be landless poor person.
9. All occupiers of lands at the disposal of Government shall be evicted in the following cases; and
   (a) If the occupier is not a landless poor person, he shall be evicted from entire occupation; and
   (b) If the occupier is a landless poor person, he shall be evicted from such excess extent, if any over and above the area under this occupation which together with the lands owned by him would make up a total extent of 2 ½ acres of wet or 5 acres of dry land.
10. (i) Applications for grant of lands to political sufferers which were pending as on 14th April, 1952, may be considered according to the rules then in force provided that the land applied for was not in the occupation of any sivoijamadar by the date of the application;
    (ii) In all cases where pattas have been granted to the political sufferers there shall be no interference on the part of the Government; and
    (iii) Where only provisional assignment ha bee made in favour of a political sufferer, such assignment shall be confirmed, provided that the land assigned was not in the occupation of any sivoijamadar at the time of the provisional assignment.
11. Such of the provisions of the existing rules which are not in conflict with the above orders will continue to apply. The Board is requested to issue necessary amendments to the provisions of the Boards’ Standing Orders in the light of the above orders.
12. The Board is requested to take immediate steps for implementing the orders in paragraph 1 above. Separate orders will be issued shortly regarding the administrative machinery and arrangements necessary for effecting assignments according to the above orders.

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