Unlocking Gramakantam Lands: A Guide to Registration in Andhra Pradesh
For
generations, the dream of owning a home in the serene heart of rural Andhra
Pradesh often turned into a bureaucratic nightmare when it came to
"Gramakantam" lands. Imagine finding the perfect piece of land for
your ancestral home, only to be told you cannot legally register it because
it's mysteriously listed as a "prohibited" property. This was the
stark reality for countless citizens, as Gramakantam lands were incorrectly
caught in the restrictive web of Section 22-A of the Registration Act, 1908. Transactions
stalled, families faced uncertainty, and legal disputes multiplied. Recognizing
this widespread public hardship, the Government of Andhra Pradesh ushered in a
transformative reform. Through a pivotal government order, G.O.Ms.No.187, the state
government took a decisive step to unlock these lands, empower homeowners, and
clarify property rights once and for all. This blog post delves into this
crucial order, explaining how it simplifies property registration and what it
means for you.
LANDS
- Govt. Lands - Withdrawal of “Gramakantam” lands from the purview of
Section 22-A of Registration Act, 1908 - Orders - Issued.
REVENUE (ASSN. I) DEPARTMENT
G.O. Ms.No.187, Dated:
27-05-2015
- G.O. Ms. No. 863, Revene
(Reg.I) Dept., dt. 20-06-2007.
- Circular Memo No. G1/19131/05
Dt. 14-09-2007 of the Commr. & I.G. of Registration and Stamps, A.P.
Hyderabad.
- G.O.Ms. No. 100, Revenue (Assn.I) Dept., Dt. 22.02.2014.
- From the Chief Commissioner of
Land Administration, A.P., letter No. Assn. I (1)/733/2012, dated :
24.01.2015.
- G.O.Ms. No. 56, Revenue (Assn.I) Dept.,
dt.16.02.2015.
- From the Chief Commissioner of
Land Administration, A.P., letter No. Assn.I (1)/733/2012, dated :
29.04.2015.
<<>>
ORDER:
1. Government vide G.O. 1st read above,
issued notification that the Registration (A.P. Amendment) Act, 2007 shall come
in to force with effect from 20-06-2007. The amendment related to Sec. 22-A of
the Registration Act, 1908 (here-in-after called the Registration Act). In
pursuance to the amendment, the Commissioner & I.G. of Registration and
Stamps, vide reference 2nd read above, issued certain guidelines, inter alia,
requiring the District Collectors to furnish lists of properties prohibited for
Registration to Registering Officers. Accordingly, the District Collectors have
furnished the lists to the Registering Officers which included the Suevey nos.
pertaining to “Gramakantam” lands along with Sy. Nos. of other Government
lands. When general public approached Registering Officers for registration of
private properties in “Gramakantam” lands, the Registering Officers started
asking for ‘NOC’ from Revenue Authorities.
- In
the G.O. 3rd read above, certain guidelines were issued for issue of
‘NOCs’ for registration of “Gramakantam” lands. The Chief Commissioner of
Land Administration, A.P., in letter 4th read above, has submitted
proposals for cancellation of the said G.O. as general public were facing
hardship in the sale transactions of lands under their possession and
enjoyment in “Gramakantam” lands resulting in a number of court
litigations. After careful examination, Government have cancelled the G.O.
3rd read above vide G.O. 5th read above.
- It
has been brought to the notice of the Government that even after
cancellation of the orders in the G.O. 3rd read above, the problems in
registration of “Gramakantam” Lands have not solved as these lands were
included in the prohibitory lists furnished by the District Collectors to
the Registering Officers under Section 22-A of the Registration Act.
- The
Chief Commissioner of Land Administration in his letter 6th read above has
requested the Government to take a decision for withdrawal of
“Gramakantam” lands from the purview of Section 22-A of the Registration
Act, 1908.
- Government
examined the matter in detail and found that the “Gramakantam” connotes
the use of land where houses can be constructed, in contrast to other uses
such as agriculture, grazing etc. The Hon’ble High Court in its order
dated. 09-07-2012 in W.P. No. 553 of 2012 (Nagarala Nirvasithula Welfare
Association vs. the Government of A.P.) held that,
“On behalf of the respondents,
reliance is placed upon judgment of this Court in Banne Gandhi and others vs.
District Collector, R.R. district (2007-4) ALD 374 which arose under the A.P.
Panchayat Raj Act, 1994. section 58 (1) thereof directs that all porambokes
viz., grazing grounds, threshing floors, burning and burial grounds, cattle
stands, carts tanks etc., vest in the Gram Panchayat. Sub-section (2) thereof
directs that the Government may, at any time, by notification in the A.P.
Gazettee, direct that any porambokes refered to in sub-section (1) shall cease
to vest in the Gram Panchayat.
The Government initiated steps to
issue house site pattas over the land which formed part of Gramakantam. The
same was challenged stating that Gramakantam vests in the Gram Panchayat and
that the Government cannot grant house site pattas in it. A learned Single
Judge of this Court held that there is no mention of Gramakantam in sub-section
(1) and thereby, the question of such lands vesting in the Government does not
arise.”
- Government after careful examination of the matter have decided that as “Gramakantam” lands vest in Gram Panchayats, there is a need to withdraw these lands from the purview of Section 22-A of the Registration Act to remove hardship of general public. Therefore, Government hereby order that the District Collectors shall withdraw the “Gramakantam” lands from the lists of properties prohibited from registration furnished to the Registering Officers under section 22-A of the Registration Act. It shall be the responsibility of the Gram Panchayats to take appropriate action in respect of “Gramakantam” lands including protection of the extents of lands meant for community purpose.
- The Chief Commissioner of Land Administration, A.P., the District Collectors and Panchayat Raj Department shall take necessary action accordingly.
The issuance of G.O.Ms.No.187 marks a
significant leap towards simplifying property governance and empowering
citizens in rural Andhra Pradesh. By officially withdrawing Gramakantam lands
from the prohibitory lists under Section 22-A, the government has not only
dismantled a major bureaucratic hurdle but has also restored the true essence
of these lands—as habitation spaces meant for families and communities to
thrive. This move paves the way for clearer titles, reduced litigation, and a
more vibrant real estate market in village areas. For anyone dealing with
property in these zones, understanding this order is the first step toward
harnessing its benefits.
For
more detailed information on related government orders, land records, and
revenue procedures, please visit aprevenue.com.
Frequently
Asked Questions (FAQs)
1. What exactly is
Gramakantam land?
Gramakantam refers to
the area within a village that is primarily used for habitation. It is the
residential part of the village, where houses are built, as opposed to lands
used for agriculture, grazing (porambokes), or other community purposes.
2. Do I still need an NOC from the
Revenue Department to register my Gramakantam property?
No. According to G.O.Ms.No.187, the primary
directive is that Gramakantam lands have been withdrawn from the prohibitory
lists under Section 22-A of the Registration Act. This means that for the
registration of private properties on Gramakantam land, a No Objection
Certificate (NOC) from the Revenue Authorities is no longer required.
3. Who is the actual
owner of Gramakantam land?
As clarified by the
Hon'ble High Court and reiterated in the government order, Gramakantam
lands vest in the Gram Panchayat, not directly with the State
Government. This was the key reason for their removal from the list of
government lands prohibited from registration.
4. I tried to register my property,
but the Sub-Registrar’s office is still asking for documents. Why?
While the need for a
Revenue NOC is eliminated, the Sub-Registrar’s office will still require
standard legal documents to process the registration. This includes proof of
identity, sale deed, property documents, and potentially a No Objection
Certificate from the Gram Panchayat to ensure the transaction does not
encroach on lands meant for community purposes, as the land vests with them.
5. Has this order solved all legal
problems related to Gramakantam lands?
This order has resolved the major hurdle of registration under Section 22-A. However, it is still crucial to ensure that the specific land you are transacting on is a legitimate, private Gramakantam plot and not a disputed property or one meant for public use (like a pathway or pond). Conducting proper due diligence is always advised.
