Land
Encroachment Regularization and Eviction under A.P. Land Encroachment Act, 1905
Navigating the complexities of land
ownership and unauthorized occupation is a critical concern for citizens and
authorities alike in Andhra Pradesh. The issue of encroachment—the unauthorized
occupation of Government land—is governed primarily by the historic A.P.
Land Encroachment Act of 1905. This legislation provides a clear legal
framework, empowering Revenue officials like District Collectors, Revenue
Divisional Officers (R.D.O.s), and Mandal Revenue Officers (M.R.O.s) to take
decisive action. A fundamental aspect of this Act is its dual approach: it not
only outlines a strict procedure for the eviction of illegal occupants but also
establishes a pathway for the regularization of certain encroachments deemed
"unobjectionable." Understanding the critical distinction between
these classifications, the associated penalties, assessment rates, and the
legal procedures for appeal is essential for any individual dealing with land
matters in the state. This guide, brought to you by aprevenue.com, delves
into the intricacies of the Act to provide a comprehensive overview of
encroachment regularization and eviction processes.
ENCROACHMENTS-REGULARISATIONS
Encroachment means unauthorised
occupation of Government land. The District Collectors, R.D.O’s and M.R.O’s are
vested with powers to enforce the provisions of the A.P. Land Encroachment Act,
1905. An Officer incharge of a Revenue division is defined as Collector under
this Act. Encroachments are classified as (i) Unobjectionable and (ii)
Objectionable. The principles for charging assessment and penalty and further
action to be taken in such cases are listed out below.
Unobjectionable
cases :
Assessed Waste : Taram
Assessment
Unassessed Waste : Adjoining wet
rate or adjoining dry rate as the case maybe.
Porambokes : In cases
covered by provisional pattas, adjoining wet rate or adjoining dry rate as the case
may be.
In other cases of occupation by
eligible sivaijamadars, highest wet rate or highest dry rate, as the case may
be.
Action shall be taken to assign the
occupied lands classified as unobjectionable Encroachments (BSO 15 (7) 15 (36)
and 21).
Objectionable cases :
Assessed waste : In case of
occupation by ineligible persons, Taram Assessment plus penalty u/s (i).
The penalty leviable u/s (i) is a sum not exceeding five rupees, a
sum not exceeding ten times such assessment; provided that no penalty shall
ordinarily be imposed in respect of unauthorised occupation of such land for
any period not exceeding one year.
Unassessed Waste : Highest
wet rate/Highest dry rate plus penalty u/s 5 (ii). i.e. a sum not
exceeding ten rupees, or when twenty times the assessment payable for one year
exceed ten rupees, a sum not exceeding twenty times such assessment. The
encroacher is also liable for eviction.
Petty Encroachments:
Encroachment
in porambokes the assessment of which would not exceed Rs.0.13 raise in each
case and small extents say upto 0.20 cents in each case in assessed waste lands
should as a rule be ignored.
Procedure for eviction and
conditions to be fulfilled :
i) The
Land encroached upon must be shown to be Government land.
ii) Notice
should be issued u/s 7 of L.E. Act and should be served on each of
the encroachers to show cause before a specified date why he should not be
evicted u/s 6 of the Act.
iii) On
service of such notice and if sufficient cause is not shown, a notice should be
served u/s 6 of the Act requiring the encroacher to vacate the land
within such reasonable time as may be fixed.
iv) If
such notice is not complied with, the M.R.O shall pass orders directing removal
of the person from such land.
v) If
such Encroacher resists or obstructs, a summary enquiry by the Collector shall
be held and; if he is satisfied that the obstruction or resistance is without
any just cause, he could issue a warrant for his arrest and on his appearance
convict him to close custody for a period not exceeding 30 days in a nearby
Civil Jail.
Whenever eviction is ordered,
forfeiture of everything found on an encroached land should also be ordered.
The Encroacher may, however, be permitted to take the food crops raised by him
on lands other than objectionable porambokes for the first time, with a warning
that they would be evicted immediately after the harvest of such crops. (B.S.O
(7).
A
person who continue to be in possession of the land leased out to him after
determination of the lease, can be evicted under the provisions of the L.E.Act.
An
order of eviction does not lapse and can be enforced even after the close of
the fash in which it is issued, without further notice.
Under
Section 7-A of the Act, the District Collector is empowered to order immediate
eviction, without any notice, when a group or groups of persons have
unauthorised occupied Government land and have not vacated the land on demand
by the District Collector or any Officer authorised by him in this behalf. Such
Authorised Officer shall evict the encroachers from the land by force by taking
police assistance, if necessary, and take possession of the land.
The
expenditure connected with the eviction by a Rev. Officer should be borne by
the Government. The Officer who orders eviction is competent to sanction the
said expenditure debitable to “253 Dist. Admin. (b) other Establishments (iii)
Taluk Establishments-26 other charges” (B.S.O.26(7) & Note there under).
Section
10 (Appeal) :
|
Officer who passed
original order |
Appellate Authority |
Period of Limitation |
|
M.R.O (Collector under the
Act) |
R.D.O condoned by the
Appellate |
Within 60 days,
Delay can be |
|
R.D.O |
District Collector |
Authority at his
discretion |
|
Dist. Collector |
Chief Commissioner
of Land Administration |
|
There shall be no appeal against a
decision/order passed by the R.D.O or District Collector on appeal, but the
District Collector may revise any order/decision passed by a M.R.O or R.D.O and
the Chief Commissioner Land Administration may revise any order or decision
passed by any subordinate officer, under the L.E. Act.
U/s 12-A, Government may either
suo-motu or on application call for and examine the records relating to any
decision/order passed or proceedings taken by any subordinate officer and pass
such orders as they may deem fit.
U/s 14, Civil Courts are barred from
entertaining any suit or pass any injuction for any acts done under this Act.
Local bodies are responsible for
dealing with encroachments on roads and streets vested in them. Inspecting
Revenue Officer should report to the Collector cases in which objectionable
encroachments have been leased or licensed by local bodies without reference to
Collector. The final decision whether an encroachment is objectionable or not
vests with the Collector and he may intervene at any time with the proceedings
under the L.E.Act, whether requested to take action by the Local Authority or
not.
In conclusion, the A.P. Land
Encroachment Act provides a robust mechanism for the protection of government
land while offering structured procedures for regularization where permissible.
The entire process, from the initial classification of an encroachment as
objectionable or unobjectionable to the final stages of eviction or assignment,
is meticulously defined to ensure legal clarity. It is crucial to remember that
while local bodies manage encroachments on their vested properties like roads,
the District Collector holds the ultimate authority to intervene and decide the
fate of any encroachment case. For the most accurate, personalized, and
up-to-date information regarding your specific land situation, always consult
your local Mandal Revenue Office.
