The AP Land Alienation Policy: A
Complete Guide to Granting Government Land for Public Purpose
The term "Alienation" in
the context of Andhra Pradesh's land revenue administration is often
misunderstood. It is not a general land distribution scheme but a specific,
legally-defined process for leveraging state-owned land for the greater public
good. Governed primarily by the Andhra Pradesh Land Alienation Rules,
1978, and detailed in pivotal Government Orders like G.O.Ms.No. 571, Revenue
(Assignment.I) Department, dated 13-09-2012, this policy is a cornerstone
of the state's developmental and social welfare strategy.
This guide provides a complete,
humanized breakdown of the policy, its objectives, procedures, and legal
nuances.
1. What is Alienation? The Legal
Definition
As per the G.O.s and the Andhra
Pradesh Land Alienation Rules, 1978:
"Alienation
of Government Land means the grant of land for a bonafide public purpose to a
person, institution, or local body either free of cost or on payment of the
full market value or a concessional market value."
Let's decode the key phrases:
- Grant
of Land: This
is a transfer of ownership rights (Ryotwari Patta) from the State
Government to the recipient.
- Bonafide
Public Purpose: This
is the most critical criterion. The intended use of the land must
demonstrably benefit the community or the public at large, not serve
private commercial interests.
- Diverse
Recipients: The
grantee can be an individual, a registered society/trust, a cooperative
society, or a local body (like a Gram Panchayat or Municipality).
- Varying
Cost: The
government can donate the land, charge its full market value, or offer a
significant concession, depending on the nature of the public purpose.
2. Objectives: Why Does the
Government Alienate Land?
The policy is driven by strategic
goals aimed at societal development:
- Promotion
of Public Welfare: To
facilitate the establishment of essential services like education,
healthcare, and social justice.
- Economic
Development: To
encourage the setting up of industries, IT parks, and other projects that
generate employment and boost the economy.
- Support
for Charitable Causes: To
aid registered societies and trusts engaged in philanthropy, religion, and
social service.
- Empowering
Local Governance: To
provide land to local bodies for developing public infrastructure like
parks, burial grounds, and community halls.
3. Eligible Purposes & Eligible
Entities (Who and For What?)
The policy is precise about what
qualifies as a "public purpose." The following table outlines common
eligible categories, often referenced in various G.O.s:
|
Eligible
Entity |
Eligible
Public Purpose |
Typical
Value Charged |
|
Local Bodies (Gram Panchayat,
Municipality) |
Public parks,
playgrounds, burial/cremation grounds, sewage treatment plants, solid waste
management units, libraries, community halls. |
Free of Cost or
Highly Concessional |
|
Educational
Institutions (Registered
Societies/Trusts) |
Schools, Colleges,
Vocational Training Institutes, Hostels, Libraries. |
Concessional Market
Value (often 50-75% discount) |
|
Medical
Institutions (Registered
Societies/Trusts) |
Hospitals, Clinics,
Dispensaries, Medical Colleges, Rehabilitation Centers. |
Concessional Market
Value |
|
Charitable/Religious
Institutions |
Places of worship
(Temples, Churches, Mosques), Dharmashalas, Orphanages, Old-age homes. |
Concessional Market
Value or Free for exceptional cases |
|
Co-operative
Societies |
Godowns for
agricultural produce, Processing units, Housing societies for weaker
sections. |
Concessional Market
Value |
|
Individuals/Companies |
Establishment of
Industries, IT/ITeS units, Tourism Projects, Large-scale projects of public
utility. |
Full Market Value (Concession may be
considered for strategic projects) |
4. Land That CANNOT Be Alienated
(The Prohibited List)
To protect ecological and public
assets, the following categories of government land are strictly
prohibited from alienation:
- Tank
Beds (Cheruvu / Eri Poramboke): Land
belonging to irrigation tanks.
- River
Beds and Foreshore Areas: Land
adjacent to rivers and streams.
- Grazing
Lands (Gundu Poramboke): Reserved
for community cattle grazing.
- Forest
Land: Land
classified under the Forest Conservation Act, 1980.
- Reserved
Lands: Land
earmarked for specific government projects (e.g., roads, canals, mining).
- Coastal
Regulation Zone (CRZ) Land: Land
falling under CRZ norms.
- Any
land whose alienation would be contrary to public interest.
5. The Detailed Application &
Approval Process
The process is rigorous,
multi-layered, and designed to ensure transparency and adherence to the rules.
Step 1: Submission of Application
- The
applicant must submit a detailed application to the Tahsildar
(Mandal Revenue Officer) of the concerned mandal.
- The
application must include:
- A
formal request letter explaining the public purpose.
- Detailed
project report.
- Proof
of registration of the society/trust (if applicable).
- Financial
viability report.
- Site
plan and location details of the land.
Step 2: Field Verification and
Report
- The
Tahsildar forwards the application to the Village Revenue Officer
(VRO) for a field verification.
- The
VRO verifies the land's status, ensures it is free from disputes and
encroachments, and confirms it is not under the prohibited list. A report
is submitted back to the Tahsildar.
Step 3: Scrutiny and Recommendations
- The
Tahsildar scrutinizes the application and the VRO's report.
- Based
on the findings, the Tahsildar makes a recommendation to the Revenue
Divisional Officer (RDO).
Step 4: Higher-Level Scrutiny and
Approval
- The
RDO reviews the case and can make a further recommendation to the District
Collector.
- Powers
of Approval:
- The District
Collector has the power to approve alienation of land up
to 2.5 Acres for most purposes and up to 5.0
Acres for specific sectors like Industries and Tourism, as
delegated by the government.
- Proposals
involving larger areas or highly concessional rates require the approval
of the State Government (the Revenue Department).
Step 5: Determination and Payment of
Land Value
- Once
in-principle approval is granted, the market value of the land is
determined by the Tahsildar based on the Registration
Department's stamp duty guidelines.
- The
concessional rate (if applicable) is calculated, and the applicant is
issued a demand notice for payment.
Step 6: Issuance of Government Order
and Title Transfer
- Upon
successful payment, a formal Government Order (G.O.) is
issued, sanctioning the alienation.
- The
Tahsildar is instructed to mutate the land records in the name of the
grantee and issue the Pattadar Passbook & Title Deed (PPB).
6. Key Conditions and Restrictions
Post-Allotment
Alienated land comes with strict
conditions to prevent misuse:
- Lock-in
Period: The
land cannot be sold, leased, mortgaged, or transferred for
a specified period, typically 20 years from the date of
allotment. Any such transaction requires prior government permission.
- Use-Purpose
Condition: The
land must be used only for the sanctioned public purpose.
Any deviation is illegal.
- Construction
Deadline: The
grantee must commence and complete construction/development within a
stipulated timeframe (e.g., 2-3 years).
- Resumption
Clause: If
the conditions are violated, or if the land remains unused, the government
has the absolute right to resume the land without paying
any compensation to the grantee.
Conclusion: A Policy for Progress
The Alienation of Government Land
policy is a vital instrument in the hands of the Andhra Pradesh Government to
partner with credible organizations and individuals in building a robust social
and economic infrastructure. For any entity with a genuine vision for public
welfare, understanding and navigating this policy is the first step toward
converting that vision into a tangible asset that serves the people.
Navigating the intricacies of land
revenue policies can be complex. For the latest Government Orders, circulars,
and detailed application formats, we invite you to visit our dedicated resource
at aprevenue.com.
We provide continuous updates and in-depth analysis to help you stay informed
and compliant with the latest regulations from the Andhra Pradesh Revenue
Department.
Frequently Asked Questions on AP's Land Alienation Policy
1. What is the main difference
between Land 'Alienation' and Land 'Assignment'?
This is a key distinction:
- Alienation refers specifically to
the grant of government land for a bonafide public purpose to
institutions, societies, or individuals for projects that benefit the
community (e.g., schools, hospitals, industries).
- Assignment typically refers to the
grant of small plots of land to economically weaker sections and
landless poor for personal residential or agricultural use (e.g.,
house sites under welfare schemes).
In short: Alienation is for public
projects, while Assignment is for individual welfare.
2. Can an individual apply for land
alienation to build a private house?
No. The alienation policy is
strictly for public purposes. An individual cannot apply for land alienation
for a private residential house. For a house site, eligible individuals must
look into government land assignment schemes like
"Pedalandariki Illu" (Houses for the Poor) which are designed
specifically for that purpose.
3. What is the single most important
factor for getting land alienated?
The Bonafide Public Purpose.
This is the cornerstone of the entire policy. Your application must
overwhelmingly demonstrate how the proposed use of the land will serve the
broader community or public interest, not private or commercial gain. The
credibility of the institution and the detailed project report are critical in
proving this.
4. Can alienated land be sold or
mortgaged after it is granted?
Not freely. Alienated land comes with a
strict lock-in period, usually 20 years. During this
time, the land cannot be sold, leased, or mortgaged without the prior
permission of the government. Any attempt to do so illegally can result in the
government resuming the land without any compensation.
5. Who has the ultimate authority to
approve an alienation application?
The approval authority depends on
the size and value of the land:
- The District
Collector can approve proposals up to 2.5 acres (and
up to 5.0 acres for specific sectors like industries).
- Proposals for larger areas, or those seeking land at a highly concessional rate or free of cost, must be sent to the State Government (the Revenue Department) in Amaravati for final approval.
