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Aamir Khan 11 Bela Vista Apts., Palli Hill, Bandra, Mumbai 400 050
Amitabh
Prateeksha, 10th Road, Juhu Scheme, Mumbai 400 049
Bachchan
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Khan 400 050
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Bobby Deol Plot No. 22, 11th Road, JVPD Scheme, Mumbai 400 049
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Khan Mumbai 400 050
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Ayesha Jhulka 102 Tirupati Apts., Andheri (W), Mumbai 400 061
Dimple
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Khanna
To
General manager,
HMWS & SB,
Division No. I,
Goshamahal,
Hyderabad
Sir,
We submit that the above said localities are suffering from gas due
to the breakage of drainage pipeline and that leaks goes to SW drain
pipeline. It suffers area people from the bad smell.
Yours faithfully,
(M.Babu Rao)
To
General manager,
HMWS & SB,
Division No. I,
Goshamahal,
Hyderabad
Sir,
We submit that the above said localities are suffering from water
due to the using of jet pumps by other people that goes to no water from
line. It suffers area people from the water scarcity.
Yours faithfully,
(M.Babu Rao)
To,
Municipal Commissioner,
GHMC,
CC Complex, Circle - 4,
Tank Bund,
Hyderabad.
Sir,
The representation received from the residents that our man holes
covers are bending down due to that our area people facing problem for
the vehicles like rickshaw, autos, two wheelers, etc,. on the man holes SW
drain covers. In this area more than 40 SW drain covers are having in that
some of the drain covers are broken.
Yours faithfully,
(M.Babu Rao)
To,
CDPO,
ICDS,
Project IV,
Riyasathnagar,
Midhani,
Hyderabad.
Respected madam,
The above said locality should be continue the Anganwadi centre (school)
in that no objection from surrounding people or surrounding residents.
For these , we are attaching the more than 50 members signature for the
no objection letter in continuing the Anganwadi centre (school) at
jagjeevan nagar, miralam mandi, Hyderabad.
Thanking you,
Yours faithfully,
(M.Babu Rao)
Problem: If you think you can't be happy until you reach a certain
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http://groups.yahoo.com/group/babes_in_blue
Solution: Learn to be happy with what you have, where you are,
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be some state that we want to get to eventually it can be found
right now. Learn to count your blessings, and see the positive in
your situation. This might sound simplistic, but it works.
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whatever you choose to do. And even more, you already are
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those below you there are always millions of people worse off than
you, people who couldn't even read this article or afford a
computer. In that light, you are a huge success.
Solution: See bad things as a part of the ebb and flow of life.
Suffering is a part of the human condition but it passes. All pain
goes away, eventually. Meanwhile, don't let it hold you back. Don't
dwell on bad things, but look forward towards something good in
your future. And learn to take the bad things in stride, and learn
from them.. Bad things are actually opportunities to grow and learn
and get stronger, in disguise.
http://groups.yahoo.com/group/babes_in_blue
7. You can't do anything right! Why can't you be like
____ ?
Hi
Regards,
Narasimha
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[cid:image001.jpg@01C9F527.6C5CA3B0]<http://www.incometaxindiaefiling.gov.in/portal/i
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--
Narasimha
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Have A Brilliant Career!
Y.NIRANJAN
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LAND SURVEY NUMBERS
Primary documents
of title
4.Record of Rights and Index of lands extract and pahani contains details
like extent of the lands, names of owners etc., This document is no longer
being issued by the Revenue authorities.
Tax paid receipts issued by the Village Accountant: It reflects the total tax
paid by a person on his property and the period for which the tax has been
paid.
Additional documents
The following are the additional documents required in the case the
property in question has been converted from agricultural to non-
agricultural uses and purposes:
The order also prescribes certain conditions and mentions whether the land
has been converted for residential, commercial, industrial, public or semi-
public uses.
4. Form No.9, Form No.10 and Form No.11 issued by the Village
Panchayat/Tahsildar.
These forms are issued by the Panchayat after the conversion of the
property has been done which contains the Khatha and Assessment in
Form No.9, the receipt for having paid the taxes in Form No.10 and the
Mutation Entry evidencing the transfer of Khatha in Form No.11.
Here is an example of the data for Brooks County. The first image is
of the paper survey map. The second, the TopoDepot DWG version.
Note that the Texas Land Survey data appears on the 24KPLSS
layer in TopoDepot.com and TopoDepotonDVD. Get a free sample
of your choice from the samples page.
Survey
Block
Section
A section refers to a square land survey measuring exactly one mile on
each side. Some of the land transferred from the public domain by the
state of Texas was surveyed and patented in units of square miles. The
Texas General Land Office officially considers these units sections. Also,
it was common that larger land grants, such as school lands and capitol
lands, were subsequently surveyed into square mile units for the
convenience of sale; these surveys are also called sections. In addition, the
term "section" is commonly used to describe surveys in a group that have
been assigned consecutive survey numbers, even though some of them do
not have the proper shape or size to truly be sections.
Abstract
DISCLAIMER
The OTLS data was generated from the Geographic Information System of
the Railroad Commission of Texas. County patent survey lines from Texas
General Land Office maps were interpreted as accurately as possible over
the U.S. Geological Survey base.
The data provided by this system is continually being updated and refined
and is intended solely for the internal use of the Commission. The
Commission shall not be held liable for use of this data, which is provided
as a public service for informational purposes only. PLEASE NOTE that
this data is NOT intended to be used as an authoritative public record for
any geographic location or as a legal document and has no legal force or
effect.
1
ENSURING SECURE LAND RIGHTS
FOR THE RURAL POOR IN ANDHRA PRADESH:
A CASE STUDY
Darryl S. Vhugen
Karuna Vakati
Renee Giovarelli
2
Acknowledgments
The authors gratefully acknowledge the invaluable assistance and support
of Mr. K.V.
Raju, Principal Secretary, Andhra Pradesh Department of Panchayati Raj
and Rural
Development and Ms. Viziendra Boyi, State Project Manager, Land
Component, IKP.
The authors also thank Mr. Tim Hanstad, president of the Rural
Development Institute,
Seattle, Washington for being so generous with his time and expertise.
3
TABLE OF CONTENTS
SECTION PAGE
I. Introduction 4
II. Background and Origins of the Project 4
A. Land Reform in Andhra Pradesh- An Unfinished Agenda 4
B. Origins of the Land Component of IKP 5
III. The Process and Activities of IKP Non-Purchase 9
A. Beginning of the Non-Purchase Project 9
B. The Role of Paralegals and Community Surveyors 10
C. The Legal Assistance Program for the Poor 14
D. Other Aspects of IKP Non-Purchase 15
IV. Resources Required 16
V. Impact of the Program to Date 17
A. Statistical Results 17
B. Other Impacts 18
VI. Issues and Challenges 20
VII. Good Practices 22
VIII. Conclusion 23
4
I. INTRODUCTION
An unlikely combination of organizations of poor women and youth from
poor
families trained as paralegals and community surveyors are identifying and
resolving
land issues of the poor in remote villages in the Indian State of Andhra
Pradesh. A multipronged
strategy has been adopted as part of a unique model for ensuring secure
land
rights to the poor. This project began with a pilot project in Cuddapah
District in July
2003. Since inception the program has expanded to cover parts of every
district in the
State.
II. BACKGROUND AND ORIGINS OF THE PROJECT
A. Land Reform in Andhra Pradesh- An Unfinished Agenda
Andhra Pradesh, the most populous state in southern India, has a
predominantly
agrarian economy. More than 75% of the people in rural areas depend on
agriculture and
allied activities for their livelihood.
At Independence in 1947, India inherited three types of land revenue
systems
from the British. These systems broadly defined the relationships among
the layers of
land rights and control exercised by (or imposed upon) the state,
landowners, landlords,
tenants, and laborers.1 As a result, many individuals gained intermediate
rights to control
land and land revenue, placing increasing pressure on the poor who
actually cultivated
the land.
In addition, tenancy was widespread in India during the early years after
1947.
The system greatly favored powerful landlords at the expense of their
tenants. Most
tenancies were oral and the landlord could terminate them at will. Laws
provided
virtually no protection for the most vulnerable tenants.
After achieving independence, national and state governments in India
embarked
on a strong land reform agenda with a view to bringing about a more
equitable
distribution of land. A slew of progressive land reform legislation was
adopted. In
Andhra Pradesh, as elsewhere in India, the major thrust of these laws was
to ensure
secure land rights to the poor.2
1 Forbackground on India land tenure systems, see generally P.S. APPU, 1996. LAND
REFORMS IN INDIA
(New Delhi: Vikas Publishing); G. KOTOSKY, 1964. AGRARIAN REFORMS IN INDIA (New
Delhi: People’s
Publishing House).
2 A partial list of the land reform legislation adopted in Andhra Pradesh since
independence includes: AP
Land Reforms (Ceiling on Agricultural Holdings) Act, 1973; AP (Andhra Area) Tenancy
Act, 1956; AP
(Telangana Area) Tenancy And Agricultural Lands Act, 1950; AP Assigned Lands
(Prohibition Of
Transfer) Act, l977; A.P (Telangana Area) Abolition Of Inams Act, 1955; AP Land
Grabbing (Prohibition)
Act, 1982; Andhra Pradesh Rights in Land And Pattadar Pass Books Act, 1971; and
Andhra Pradesh
Occupants Of Homesteads (Conferment Of Ownership) Act, 1976.
5
Land reform in Andhra Pradesh focused on three main areas: abolition of
intermediaries, tenancy reform and the imposition of land ceilings.
Tenancy reform
legislation affected both existing and future tenancies and was intended to
give tenants
greater security. Generally, existing tenants received permanent rights to
occupy the land
on which they lived. Future tenancies were either prohibited or severely
restricted.3
While the tenancy reform laws largely failed to achieve their goals of
protecting tenants
and providing land ownership rights to the landless rural poor, the
restrictions did result
in approximately 107,000 tenants receiving ownership rights to almost
600,000 acres.
After 1947 all Indian states adopted land ceiling legislation that limited the
amount of agricultural land a person or family can own. The laws were
designed to
equalize land holdings by taking possession, often for inadequate
compensation, of the
land in excess of the ceiling. Excess land was then to be redistributed to
poor, landless,
and marginal farmers.4 In Andhra Pradesh, the land ceiling law gave
another 582,319
acres to over 540,344 beneficiaries. State government statistics report
647,344
households benefiting from these land reform laws, which amounts to one
percent of all
rural households in Andhra Pradesh.5 Other households benefited from
wasteland
distribution programs. As of March 2002, the State had distributed
4,202,000 acres of
assignable government land to eligible beneficiaries.6
Yet, despite a definitive pro-poor slant in the laws and 3 decades of
sustained
official effort, many of those who were supposed to be land reform
beneficiaries as well
as other small and marginal farm families in Andhra Pradesh (and
elsewhere in India)
have not fully realized the land rights to which they are entitled. They do
not know their
rights and are usually unable to assert those rights when they do
understand them.
Thousands of land cases of the poor are pending in various courts. The
reforms have been
undermined by many factors, including corruption, lack of resources, weak
administrative mechanisms and diversion of land administration personnel
to other work.
Perhaps most importantly, land reform has become a lower priority for the
State.
B. Origins of the Land Component of IKP
1. The Indira Kranti Patham Project
3 The State of Andhra Pradesh is divided into two areas which to some extent are
governed by different
laws. The Telangana area of Andhra Pradesh prohibits new tenancies unless the landowner
is a smallholder
(defined as holding less than 18 acres of irrigated land) or deemed “disabled,” a status
defined to include
women. Where tenancies are permitted under these exceptions, they must meet precise
requirements for
duration of the tenancy and rate imposed. In the Andhra area of Andhra Pradesh, the law
permits tenancy
relationships, but they must meet strict requirements regarding duration, rates, and
renewal that grant
substantial rights to qualifying tenants.
4 In Andhra Pradesh, the law permits a family of five to hold between 10 and 54 acres of
land depending
upon the quality of the land. N.C. BEHURIA, 1997. LAND REFORMS LEGISLATION IN INDIA:
A
COMPARATIVE STUDY (New Delhi: Vikas Publishing House).
5 The calculation is based on the 2001 census for A.P.
6 ANNUAL REPORT GOVERNMENT OF INDIA MINISTRY OF RURAL DEVELOPMENT, 2002-
2003, at Annex XL.
6
These land issues are being tackled as part of the larger Indira Kranti
Patham
(IKP) project which is implemented by the Society of Elimination of Rural
Poverty
(SERP) through District Rural Development Agencies. IKP is a statewide,
community
demand driven, rural poverty alleviation project. The overall objectives of
the project are
poverty alleviation and empowerment of the poor through institution
building and
enhancement of livelihood opportunities so that they are able to articulate
their needs and
aspirations and access natural resources and facilities available in an
optimum manner.
IKP grew out of the South Asian Poverty Alleviation Project (SAPAP)
which was
implemented in the early 1990’s in a select 100 districts across India of
which 4 were in
Andhra Pradesh. Many of the lessons learned from SAPAP were
incorporated into Phase
I of IKP when it began in the mid-1990s. IKP is being implemented
throughout the State.
SERP is an independent autonomous Society established under Indian
Law.
SERP was established as an independent entity because it was thought that
the
Department of Rural Development would be unable to adopt a sufficiently
pro-poor
approach to the goals of IKP. However, while SERP technically is not a
government
agency, it is led by government ministers who have been deputed to it.
Thus, SERP is
managed by an executive council headed by the Minister and Principal
Secretary of the
State Department of Rural Development. Most of the senior managers are
Andhra
Pradesh government officers. This close relationship between SERP and
the government
has allowed SERP managers to hand-pick its senior staff from government
ranks.
However, not all staff are government officers; some come from the
private sector.
2. Reliance on Self Help Groups of Poor Women
IKP depends heavily on a network of “Self Help Groups” of poor women.
One
major lesson learned from the experience in Andhra Pradesh is that poor
women, when
organized into strong groups, as a collective have much stronger
bargaining power and
are better able to articulate their needs and demands. As a result, pro-poor
project
initiatives become easier to facilitate. Accordingly, institution-building of
the poor
women was a major area of emphasis in Phase I of IKP. There are now
approximately
700,000 Self Help Groups (SHGs) in Andhra Pradesh.7
Typically, 10-12 women form a SHG. At the village level the SHGs
together
comprise a Village Organization (VO). The leaders of the SHGs are
members of the
VOs. These VOs federate at the mandal8 level into Mandal Samakhyas
(MS). The
leaders of the VOs are members of the MS. At the district level the MSs
federate into the
Zilla (District) Samakhyas. The leaders of the MSs are members of the
District
Samakhya.9 All those who are part of the SHG network, from SHG
members at the
village level up through the leaders of the Zilla Samakhyas, are women.
7 This is the most recent count as reported by the CEO of IKP.
8 Andhra Pradesh consists of 23 districts. A “mandal” is a subdivision of a district. Thus,
each district is
made up of multiple mandals.
9 See the chart attached as Annex 1.
7
With personal savings as the starting point the SHGs form the base of a
massive
micro finance network which makes loans to the members and others. This
network has
established strong linkages with commercial banks. Social goals such as
eliminating
child labor, eschewing domestic violence and reducing alcohol abuse, also
form a part of
their agenda. Backed by a strong network of community workers the
federations of poor
women in Andhra Pradesh have achieved unprecedented success both
economically and
in other spheres of life.10
3. The Development of the IKP Land Component
When IKP started in the mid-1990s, the program did not include any
activities
aimed at helping its target group – the poorest of the rural poor – to secure
rights to land.
Gradually, SERP, the AP state government, and the World Bank recognized
the
important connection between land access and poverty alleviation. One of
the major
findings of a World Bank poverty analysis for Andhra Pradesh identified
limited
ownership of land as a major reason for a lack of economic activities
available to the
rural poor.11 As a summary of the report stated:
The project constituency are largely landless. In addition to …
healthrelated
constraints … lack of natural capital is a barrier to the rural poor
moving out of poverty. Landlessness and poverty are two closely related
conditions. Alongside land reform processes, the project must search for
alternative means by which to connect the poor to a base of productive
natural capital.12
The government’s poverty reduction strategy also recognized security of
land rights as an
important area of emphasis.13 There was wide-spread recognition that the
rural poor
suffered from a lack of awareness and access to information about their
rights and a lack
of legal support to enable them to take advantage of the government’s pro-
poor land
legislation and programs. This situation prevailed in non-tribal and tribal
areas alike.14
So, in 2002, planning began to add a new land component to IKP to help
the rural
landless gain access to land.
The objectives of the IKP land component are to:
10 The achievements of the SHG movement have prompted visits by two World Bank
Presidents and the
President of the United States.
11 World Bank, Project Appraisal Document on a Proposed Credit in the Amount of SDR
114 Million
(US$150 Million) to the India for the Andhra Pradesh Rural Poverty Reduction Project,
January 3, 2003, at
5. (Hereinafter this document is referred to as the “WB PAD.”)
12 Id. at Annex I: Attachment 3, page 43-44.
13 Id. At 7-8
14 “Tribal areas” refers to land in specified areas occupied by indigenous groups known
collectively in India
as “Scheduled Tribes.” Scheduled Tribe members are those who originally inhabited
forest areas and
whom the government recognized as especially vulnerable to exploitation. Under the
Andhra Pradesh
Schedule Areas Land Transfer Regulation, 1959, as amended in 1970, 1971 and 1978,
land in tribal areas
may not be transferred to those who are not members of Scheduled Tribes. Non-tribal
areas includes all
land not located in Tribal areas.
8
Secure land rights of the poor in the State by adopting a multi-pronged
strategy
and converging with existing service delivery mechanisms.
Build awareness of the poor of the various land laws in the State and their
rights
and entitlements under the land reform legislation.
Make the federations of women the platform on which the poorest of the
poor can
articulate the issues relating to their land rights and a channel through
which the
system takes cognizance of and addresses land related problems.
Empower the poor to enable them to fight for their land rights on a level
playing
field by providing the necessary support at every level.
Provide necessary complementary support to the existing government
machinery
in addressing land issues of the poor.
Form constructive working partnerships with Government Departments,
academic
and other institutions and individuals wherever desirable to achieve the
objectives.
Provide legal advice and assistance to the poor in case of litigation
involving land
disputes.
In order to achieve these objectives a pro-poor organizational support
structure
has been put in place. This structure is staffed primarily by current and
retired
functionaries from Government and youth from civil society, most of
whom are
themselves from poor families. Lawyers and surveyors provide technical
support. The
administrative structure is described in Annex 2.
The IKP project includes two land-related components: (1) a Land
Purchase
component in which government funds are used to purchase plots of land
for landless
rural families,15 and (2) a “Non-Purchase” component, the basic aim of
which is to ensure
secure land rights to the poor through methods other than purchasing and
distributing
land. The initial budget for the entire land component was five million
rupees.16 This case
study focuses only on the Non-Purchase (“NP”) program.
IKP leaders took the lead in initiating the NP program. As the Land
Purchase
component was taking shape, IKP officials noticed that the administrative
process
established to resolve land disputes was ill-defined and distinctly anti-poor.
Disposal of
cases was ad hoc and the revenue magistrates were not trained to deal with
cases
effectively. This prompted IKP to take a closer look at the system and its
flaws.
15 Unusually, the World Bank sanctioned a pilot land purchase scheme (US$5 million)
wherein land was
identified and rates negotiated by interested members of the Self Help Groups and
purchased in the names
of women. The Bank normally does not finance the acquisition of land. See WB PAD at
10 and 48.
16 Society of Elimination of Rural Poverty, Indira Kranthi Patham Land Access for the
Poor, at 3
(undated.)
9
Coincidentally, a student leader at the NALSAR University law school
approached IKP to discuss legal literacy camps that a group of students
were conducting
to create awareness among the public on various legal issues affecting
them. In response,
IKP suggested to the students that they might focus their volunteer
activities on IKP land
legal issues. The students enthusiastically agreed. IKP’s director at the time
followed up
with a series of meetings with Revenue System officials in Warangal
District and
convinced them to give the students access to pending case files so that
they could
perform fact-finding and otherwise assist in resolving the cases. The
students’ work led
to the resolution of some cases at the village level in that District.
These early efforts met with general approval and acceptance by the
Revenue
System officials. The efforts also led to the development of the NP
program described
below.
III. THE PROCESS AND ACTIVITIES OF IKP NON-
PURCHASE
The specific goals of the IKP Non-Purchase program are: (1) making poor
people
aware of their rights; (2) ensuring title and tenure security of lands to the
poor by
identifying and resolving issues relating to land; and (3) socially
empowering the poor to
assert their rights. The ultimate goal is to provide the community with the
power to
handle their own land issues capably. Thus, an overriding objective is to
transfer land
knowledge and information to the village communities. The direct
beneficiaries (clients)
of NP are the individual women members of the village SHGs and their
families.
The program works mostly through training young people from villages to
act as
paralegals. The paralegals teach members of SHGs about their legal rights.
They also
work with the women and other local activists to identify and help resolve
land issues and
disputes to which the women are parties. Because many of the cases
require surveys (and
the government has a shortage of surveyors), the program also trains
educated youth from
the villages as “community surveyors” in partnership with the Department
of Survey and
Settlement. They work with the paralegals to resolve cases requiring
survey work. The
SHGs’ enhanced awareness and collective power also helps their members
in asserting
their rights.
The work of the paralegals and community surveyors is increasingly
augmented
by assistance from lawyers and law students in the Legal Assistance
Program for Land
(LAPL) program. Other programs, such as creation of a Land Center,
expanding a
partnership with a large law school and enhanced training are in the
process of
implementation under the auspices of NP.
A. Beginning of the Non-Purchase Project
The formal NP activities started modestly in 2003. In each of 22 districts,
one
employee of the district land administration department received a series of
orientation
and training sessions on land issues affecting the poor. Thereafter each
such functionary
10
began identifying land issues of the poor and bringing them to the attention
of
departmental officials. The functionaries attempted to use their influence in
the
department to persuade the officials to address them.
Over the next two years the activities and scope of the project were
expanded.
One of the key new initiatives of IKP was a pilot legal assistance program
in 41 mandals
of Cuddapah District.17 The program is restricted to land issues. The
objectives of the
pilot program were to:
Design and implement a Legal Assistance Program on a pilot basis in
select
Revenue Courts.18
Speed up the resolution of cases in Revenue Courts.
Sensitize the Revenue Magistrates on the importance of their role.
Train and make available paralegals to act as a bridge between the
community
and the system.
Gain a better understanding of the nature of cases pending in revenue
courts.
Develop a model for implementing the legal assistance program at the
district
level.
In the pilot project paralegals were trained and put to work. In total, 152
cases involving
1,648 acres of land were successfully resolved during the pilot period.
After this initial
success, the pilot project was expanded to 41 mandals in the district.
B. The Role of Paralegals and Community Surveyors
Based on experience gained in the pilot program, IKP NP has been
expanded to
more than 400 mandals in 22 of 23 districts of Andhra Pradesh.19
Paralegals and
community surveyors are the foot soldiers of the NP project. They are
trained to work
directly with their clients, the women in the SHG network, to resolve
specific landrelated
problems and to educate and empower poor women so that they will
become
increasingly able to solve such problems on their own. All come from
rural,
underprivileged backgrounds. An estimated 80% of the paralegals and
community
surveyors are male. This is due in part to the fact that social factors
constrain women
from taking these positions because the jobs often require traveling or
staying in villages
after dark, which is culturally difficult in rural India.
1. Training of Paralegals
17 Id. at 5.
18 Generally, the Revenue Courts are charged with resolving land-related disputes in A.P.
19 Society of Elimination of Rural Poverty, Indira Kranthi Patham Land Access for the
Poor, at 6
(undated). NP does not operate in Hyderabad District because it is entirely urban.
11
Paralegals and community surveyors undergo separate training. While the
paralegal training program in each district may vary slightly, the program
generally
includes three parts: (1) several days of immersion training in a village to
learn about
IKP from the VO and SHGs, get to know the VO leaders and SHG
members and learn
about the SHG concept and land problems; (2) several more days of
training on basic
land laws, rules and revenue records; (3) field training as part of the
physical inventory of
a designated village, described in more detail below; and (4) course work
at NALSAR
University of Law20 after the completion of a few months of field work.
Overall,
paralegals are taught how to identify and resolve land issues. A handbook
has been
prepared for the paralegals in each district. It identifies 19 issues they may
encounter.
2. Training of Community Surveyors
Training of the community surveyors begins with an extended session21 at
the
Survey Training Academy in Hyderabad, the state capitol. They (1) learn
about the
theory of survey and its importance; (2) make field visits to learn how to
conduct
surveys; and (3) prepare maps on the field visits. The community
surveyors also visit
government offices to review the different types of land records and see
how they are
maintained. The training is intended to teach survey skills and impart a
pro-poor
perspective. Those who pass the Academy course are sent to a village for
immersion
training similar to that experienced by the paralegals. In addition, during
the immersion
period the community surveyors conduct a demographic survey of the
village, which
includes obtaining information about land and the security of land rights.
After their immersion training, the community surveyors begin an
apprenticeship
with the Mandal Surveyors. The goal is for community surveyors to be
able to perform
surveys independently within 6-12 months. They learn how to act as
intermediaries
between the SHGs and MSs and the Revenue Officers. 22
3. Training in Physical Inventories of a Designated Village
As part of their training, paralegals and community surveyors participate in
a
comprehensive physical inventory of a village. In addition to training, the
objectives of
the physical inventory are to: (1) educate the people in the village about
land issues; (2)
resolve some of the problems found in the village and try to prevent future
problems; and
(3) teach the SHGs how to solve land problems themselves.
The focus of the physical inventories is on determining the occupancy and
land
record status of government land that had previously been assigned to a
poor family but
where, for any number of reasons, the assignment was never fully
consummated. Each
20 Although the paralegals are not law students; the law school provides them with several
days of
coursework geared specifically to their tasks on this project.
21 For example, community surveyors in Anantapur District attended 57 days of training at
the Academy.
22 Mandal Surveyors and Revenue Officers are government employees who work as part
of the Revenue
System that administers land in the State.
12
inventory generally consists of several steps: (1) using local land records to
identify what
land on the village map is government land; (2) visiting the field with the
map to
determine who actually occupies the government land; (3) if the land is
being occupied
by someone other than who is shown on the Assignment Register, the team
inquires
immediately to try to explain the discrepancy; and (4) creating a list of all
discrepancies
and making further inquiry in the village at night in order to speak to those
who were not
on the land during the day. Ultimately, paralegals and community
surveyors attempt to
resolve any problems identified in the physical inventory.
4. Duties of the Paralegals
Each paralegal is assigned to one mandal. Initially, each paralegal
concentrates
on three villages. Once the work in those villages is completed, the
paralegal moves on to
other villages in the mandal. Their duties fall into five major categories as
described
below.
A. Working with SHGs. One of the most important functions of the
paralegals is
working to educate and empower the SHGs to enable them to address
issues related to
land. The first step is to attend monthly meetings of the SHGs to explain
why the
paralegal has come and to build confidence and trust. The paralegals
provide information
regarding land records and land rights and inquire about land problems
faced by
individual SHG members. One goal is to encourage the members to bring
land problems
to the paralegal for assistance.
B. Identification of Land Issues. Based on information provided by the
SHGs
and, in some cases, from the physical inventories, the paralegals identify
and record land
issues plaguing the SHG members. Such issues often include: (1) the
“Patta” (land title
certificate) has been issued under the land distribution program but the
assignee has not
received physical possession of the land; (2) the assignee has physical
possession but not
the Patta; (3) the assignee has a Patta and possession of the land but the
local revenue
records do not reflect such ownership; (4) the assignee has undisputed
ownership but a
locally powerful person has encroached on the property; (5) the land is tied
up in very
lengthy litigation, possibly in more than one court; (6) there is a boundary
dispute; (7)
there is government land available for distribution to the poor but which
has not been
distributed; and (8) a locally powerful person has caused a criminal case to
be filed
against a poor person in connection with a land dispute. For each such
reported issue the
paralegal conducts an inquiry and prepares a written case report for the
Village
Organization.
C. Formal Petition to the Government Revenue System via the SHG
Network.
After receiving the paralegal’s report, the VO passes a resolution to
forward the issue to
the Mandal Samakhya for onward transfer to the government
administrative process for
formal redress. The paralegal assists the MS in filing a formal petition to
the
administrative body with full and accurate details of the case.
13
D. Assistance and Support to the Revenue System. Depending on the type
of
issue, the paralegal may provide assistance, support or advice to the
administrative
machinery in order to resolve the issue. This could be in the form of filing
applications in
the prescribed format with full details of the case, providing one of IKP’s
surveyors23 to
survey disputed land, doing local enquiry of actual facts on the ground,
obtaining a legal
opinion from the IKP District legal coordinator or a lawyer, assisting the
government
machinery to issue notices or providing legal support in court.
E. Tracking the Case until it Is Resolved. The paralegal is responsible for
tracking the progress of individual cases to ensure they are progressing
satisfactorily.
Paralegals are expected to provide reports on cases and outcomes to the
IKP District
Office every two weeks in a format prescribed by SERP. At the District
office a
computer operator enters the data.24
5. Duties of Community Surveyors
Like the paralegals, community surveyors work closely with the SHG
network to
identify and resolve land problems. Their duties include:
A. Working with SHGs. Although identifying land problems is primarily
the
responsibility of the paralegals, community surveyors also spend time with
the SHGs to
help on issue identification and sensitizing SHG members on their legal
rights.
B. Interaction with Revenue Surveyors. The community surveyors liaise
between the SHGs and the Mandal Surveyors and other Revenue System
functionaries.
They work directly with Mandal Surveyors on issue resolution.
C. Conducting Surveys. Eventually, at the end of their apprenticeships the
community surveyors will conduct their own surveys independent of the
Revenue System
Surveyors.
6. Supervision and Management of Paralegals and Community
Surveyors
Paralegals are contract employees of the MSs which can and will terminate
them
for poor performance. Their first priority is to carry out the wishes of the
MS. They
attend MS meetings once each month when land issues are on the agenda.
Community
surveyors are hired and work for the District Samakhyas. Anecdotal
evidence suggests
that this unusual arrangement, where the largely uneducated women who
manage the
MSs and DSs employ educated, mostly male paralegals and community
surveyors, is
working well. This may be due to the fact that many of the women in the
SHG network
have been dealing successfully with bankers, traders and others for more
than a decade as
part of SHG network activities. They have been overseeing the IKP
support staff, many
23 IKP has access to trained surveyors to work on boundary disputes. These surveyors are
fully trained and
should be distinguished from the community surveyors described in this section.
24 In Kurnool District the data is entered in Word format because the office lacks database
software.
14
of whom are male, for many years so do not find it daunting to supervise
the male
paralegals and community surveyors.
C. The Legal Assistance Program for the Poor
Another component of the IKP Non-Purchase project is the Legal
Assistance
Program for the Poor (LAPL). This program is being established in both
tribal and nontribal
(“plain”) areas. In each area, the project plans to establish a lawyer’s panel
at the
district level to provide lawyers to represent the poor in land litigation.
Such panels have
not yet proceeded beyond the conceptual stage.25
In general, the poor in India lack awareness and information about their
legal
rights and have little or no legal support in enforcing those rights. In
addition to being
unable to take advantage of the Government’s pro-poor land legislation
and programs,
the high cost and the enormous length of time involved in the litigation
process puts the
poor in a very vulnerable position.
2
6The broad objectives of the LAPL are essentially the same as the larger
NP
project: (1) provide legal assistance to the poor; (2) create legal awareness
among them of
their land rights so as to legally empower them to protect their rights by
providing them
with necessary information. Several steps have been adopted in order to
achieve these
objectives:
IKP has entered into agreements with several law colleges under which
the colleges will provide clinical training in land and tribal law to students.
The students are given access to files in the courts where judgments
adverse to the poor have been entered. The students study the files and
prepare lists of cases with grounds for appeal.
25 Fordetails of these panels, see Annex 3.
26 Thepreceding case is from Nielsen and Hanstad, A Preliminary Examination of the
Systems for
Resolving the Land Disputes of India’s Rural Poor With Specific Reference to the States
of Andhra Pradesh
and Gujarat, (2006) at 6 (unpublished paper prepared for the World Bank and on file at
the Rural
Development Institute, Seattle, Washington).
In 2000 the State of Andhra Pradesh assigned a parcel of
vacant land to a group of landless women in the village of
Somireddipally in Cuddapah District. Some nonresidents
opposed the assignment in court, claiming that they had spent
15 years cultivating the land after they had been assigned the
land in 1986. The lowest level court official found that the
nonresidents had no evidence of ownership and were not
cultivating the land. However, on appeal the High Court
granted an injunction to the nonresidents preventing the
revenue department from reassigning the land. The action has
been pending since 2001. No one is cultivating the land.
15
Competent lawyers from a lawyer’s panel, when it is established, will
then
be retained to pursue the valid appeals.
Lawyers are also available to represent the interests of the poor in cases
involving tribal
and non-tribal lands in the high court.
The LAPL program for members of Scheduled Tribes (STs) is operational
in 76
tribal mandals in the districts of Adilabad, Warangal, West Godavari and
Visakhapatnam
in the State. The program is also known as Giri Nyayam. It assists ST
members in
enforcing land rights granted to them under the stringent Andhra Pradesh
Scheduled
Areas Land Transfer Regulation of 1959 (popularly referred to as LTR).
LTR prohibits
the transfer of certain land to any person except a member of a ST. The law
also
established special courts to adjudicate legal disputes related to ownership
of such land.
Despite this law, more than 48% of the land in Scheduled Areas is held by
non-tribals.
This is due largely to STs having little or no awareness of their legal rights
or voice in
matters involving ST land and because government officials have had little
understanding
of, or sympathy for, ST land rights.
D. Other Aspects of IKP Non-Purchase
1. Creation of a Land Rights and Legal Assistance Center in Each
District
IKP intends to establish a Land Rights and Legal Assistance Center in each
District of the State. These centers will serve as one-stop service centers
for the poor to
find detailed information on land, land ownership and land litigation.
Constituents will
also have access to the services of paralegals, surveyors, Revenue
Department
functionaries and lawyers. Work on these centers is progressing briskly.
Computers have
been procured for digitizing information at every level.
2. Training Community Members; Handbook
To date approximately 500 members of the SHG community have received
training on rudimentary land laws. In addition, with assistance from
lawyers and revenue
system functionaries, NP has developed a series of handbooks in the local
language,
Telegu, containing step-by-step procedures for identifying and resolving
common land
issues for use by the paralegals and SHGs.27
3. Partnership with Law Schools and Law Colleges
IKP has entered into an agreement with the NALSAR University of Law in
Hyderabad covering the following activities:
Establishing a Tribal Land Rights course.
Organizing a Paralegal Certification course.
27 The development of the handbooks is described in Annex 4.
16
Facilitating the speedy disposal of land cases pending in civil courts.
Providing legal support to LTR authorities.
Research and documentation of issues pertaining to tribal land rights.
In addition, IKP has entered into partnerships with other law colleges for
the purposes of
making students available to act as volunteer paralegals and advocates for
the poor. Law
students who take a Legal Aid Clinic course are required to provide free
legal aid to the
poor. This assistance is provided via LAPL.
LAPL conducted a training program in May 2007 for 70 students from 18
law
colleges in 14 districts on land legislation and legal aid. The main
objective of this
training was to sensitize students about the importance of legal aid
activities in the law
curriculum and to provide skills training. The training program triggered
legal aid
activities in 12 law colleges in 9 districts. Each student adopted one village
with the aim
of making it a land litigation-free village. The students are working in the
villages to
identify land problems of the poor and assist in getting them resolved.
IV. RESOURCES REQUIRED
Within IKP, the NP component is overseen by a Project Manager and a
State
Legal Coordinator at the state level. In each district, the project is managed
by a District
Project Manager, a Land Manager and a Legal Coordinator.28
Funding for NP comes from the larger World Bank-supported IKP Land
Project.
The budget for NP was Rs 107,100,00029 for the 2006-07 fiscal year, the
most recent year
for which the data are available.30 Estimated personnel-related costs per
month for the
entire IKP Land Component are Rs 1,535,000, as described in Table 1.
Paralegals work
only on the NP portion of IKP Land. Other staff members work on both the
Land
Purchase and NP projects.
Paralegals are paid a monthly salary of Rs 2,500 plus up to Rs 1,000 in
reimbursement for work-related travel costs. Community surveyors receive
Rs 3,500 per
month with no travel cost reimbursement. These salaries would generally
be viewed as
sufficient to support a simple lifestyle in a rural area. According to
interviews in Kurnool
and Anantapur Districts in March 200731, however, paralegals and
community surveyors
believe these salaries are too low. In the latter District, those interviewed
suggested
monthly salaries in the range of Rs 5,000-6,500.32
28 See Annex 2.
29 Using an exchange rate of Rs 45/US$1, the generally prevailing rate in 2006, this
translates to
US$2,380,000.
30 Government of Andhra Pradesh Panchayati Raj and Rural Development Department
Order
G.O.Ms.No.312 (Aug. 7, 2006) at 2.
31 Field interviews conducted by co-author Darryl Vhugen and Tim Hanstad, president of
the Rural
Development Institute.
32 Community surveyors also suggested they be provided with GPS devices for the
surveys and perhaps
small motorcycles for their travel requirements.
17
TABLE 1: ESTIMATED MONTHLY BUDGET
FOR IKP LAND COMPONENT33
Category Remuneration per
person (inclusive of
transport) (Rs)
No. of staff Total Cost
(Rs)
State Project
Manager
40,000
1
40,000
State Legal
coordinator
25,000
1
25,000
Project Managers
(State)
30,000
2
40,000
Additional Project
Directors (District
Level)
30,000
22 @ 1 per district
660,000
District Project
Managers
15,000
22 @ 1 per district
330,000
District Land
Managers
10,000
22 @ 1 per district
220,000
District Legal
Coordinators
10,000
22 @ 1 per district
220,000
Paralegals 3,500 400 1,400,000
Community
Surveyors
3,500
400
1,400,000
Total 892 2,955,000
V. IMPACT OF THE PROGRAM TO DATE
While the Non-Purchase project is too new to show any long-term effects,
some
preliminary quantitative and qualitative impacts can be reported.
A. Statistical Results
The statistical results from the first year of the scaled up version of the IKP
Non-
Purchase program are impressive. As detailed in Annex 5, the project
reports significant
activities in 19 districts during the year ending on October 10, 2007. In that
period, the
program identified land issues involving a total of 78,873 people covering
over 110,000
acres of land. The issues fall into 25 defined categories. More than 27% of
those issues
have been resolved.
33 The costs listed in Table 1 are approximate costs. The State Project Manager, Additional
Project
Directors and District Project Managers are Government Servants and are paid as per their
seniority so their
salaries may vary from district to district. Generally, IKP Land does not have office space
separate from
that already paid for by IKP generally. Space for land centers in the districts will cost
from Rs 2,000-5,000
per office.
18
Comprehensive, state-wide statistical results are not available for LAPL.
However, in the first 33 months of the pilot project in Cuddapah District,
the project
assisted 6,155 people in 41 mandals with problems involving 11,325 acres
of land. As
of August 2007, land problems of 9,371 people involving 16,967 acres had
been
submitted to Revenue System authorities for action.34
B. Other Impacts
In addition to statistical results, several qualitative impacts have been
observed:
1. Land Issues Becoming Part of the Agenda of Poor Women’s
Federations
In Andhra Pradesh women’s federations have been at the center of
development
efforts which have resolved several social and economic issues by
themselves. The
addition of land issues to their agenda is proving to be a positive step
forward for those
development efforts.
Observers at the village level report that after the first land issue has been
resolved the SHG members invariably become convinced of the IKP
functionary’s
commitment to resolving their issues. Moreover, the more vocal members
(usually the
leaders) are often the first to speak up and have their issues addressed. As a
result, these
influential women tend to speak positively of their experience to the other
members.
That factor, combined with the effect of regular attendance at SHG
network meetings of
paralegals and occasionally of the legal coordinator, results in the regular
inclusion of
land issues as agenda items at the VO and the MS meetings. This, in turn,
raises even
more awareness of land issues and how they can be resolved.
All of the women interviewed during the study said that they previously
would
not even dream of taking up land issues as an SHG agenda item as they
lacked awareness
34 Thecase in the following text box was reported to co-author Karuna Vakati in field
work conducted in
November 2007.
For 60 years a group of families in Lingannapalem village in
the Khammam District of Andhra Pradesh have cultivated 54
acres of government-owned land. Beginning in early 1983,
these families attempted to obtain title to their ¼ acre parcels
pursuant to government rules providing that poor people in
possession of government lands should receive title after a
requisite number of years of cultivation. However, their efforts
were thwarted by a powerful owner of adjacent land who
exerted pressure on government officials and the families
themselves. Finally, after more than twenty years, the families
have obtained title to their parcels because of the efforts of a
paralegal and community surveyor made available through the
NP project in Andhra Pradesh.
19
and sufficient information on which to do so. But with the encouragement
of the IKP land
functionaries they feel capable of discussing the issues and applying
formally to the
Revenue Department for redress. NP is proving to be a very empowering
tool.
2. Revenue Administration Beginning to View Land Issues of the Poor
as a
Separate and Important Responsibility
The IKP NP, with the strong support of the Department of Rural
Development,
has prompted Revenue System officials to pay attention to land issues of
the poor as
never before. Such issues are now listed separately in system records and
the concerned
officials are regularly reviewed on actions taken. This places pressure on
the
administrative machinery to consider and respond to land issues promptly.
3. Revenue System Is Beginning to Seek IKP Assistance on Land
Issues
Increasingly, the Revenue System functionaries are depending on IKP
paralegals
and others to assist in investigating and resolving land cases. The work
done by
paralegals is ensuring that the facts are reaching the officials. The
availability of IKP
community surveyors is reducing the waiting time for surveys by months if
not years.
Revenue System surveyors are in chronically short supply because of past
policy
decisions and because of the numerous general tasks assigned to them. As
a result, it is
often months before a surveyor is able to survey a parcel of land.
Community surveyors
are beginning to reduce this time lag and they are beginning to make the
jobs of the
government surveyors easier as they cooperate on cases involving the poor.
There is
plenty of room in the system for the government and IKP surveyors to
work in a
complementary fashion. Generally speaking, Revenue System officials
have welcomed
the involvement of IKP as it has enabled them to reduce the backlog of
cases they must
address. Thus, IKP has found little resistance from the system in pursing
the NP
activities.
Similarly, the availability of an IKP legal coordinator who is able to
provide a
legal perspective to a land issue is proving very useful for the revenue
officials in making
decisions. Usually, such officials do not have the benefit of such legal
advice because (1)
legal opinions are not available if a specific case is not in court and the
officials prefer to
tread cautiously or, (2) even where they seek a legal opinion the
Government Pleader in
the district has so much work that there will be considerable delays in
receiving the
opinion.
4. IKP Is Providing Representation to the Poor in the Courts
In the courts, IKP’s ability to engage competent and committed lawyers to
represent the poor on land cases in the various appellate courts (revenue
and civil) at
various levels (from sub district, district and state level) is beginning to
ensure defense of
the interests of the poor. Previously, most rural poor were forced to
represent themselves
in court. While the lawyer’s panels have yet to be established, IKP has
provided lawyers
in approximately 500 land cases to date.
20
The law college training program described above led to legal aid activities
in 12
law colleges in 9 districts. The students are working in tribal and non-tribal
areas alike.
Each student adopted one village and is working to identify and resolve
land problems of
the poor. The goal is to make each village free of land litigation.
5. Impact on Men
Formal research has not been conducted on how NP has affected males in
SHG
member families. Overall, men benefit from the NP program’s successes to
the same
extent as their female relatives. This is because the land problems resolved
by the efforts
of the paralegals and others often relate to land that was initially allocated
in the name of
men. In addition, since the mid-1980s government land in Andhra Pradesh
has been
titled in the name of women. The male members of the families benefit
when the family
receives land. Observers in the field report anecdotally that husbands do
not object to
land being placed in the name of their wives.
VI. ISSUES AND CHALLENGES
While IKP NP is off to a promising start, a number of issues and
challenges have
become apparent:
1. Obtaining and Maintaining Adequate Financial and Human
Resources
Thus far, the NP project has been funded by a loan from the World Bank.
Funds
from that loan are sufficient to support the project at its current level until
September
2008. There is concern over whether the State will be able to provide
sufficient financial
support for the program thereafter. This is especially true in view of the
fact that the
project is only operating in a few mandals of each district. Demand to
further expand the
project is high and will require a substantial increase in funding. IKP NP
leaders hope to
expand the program to cover a much larger geographical area. This will
require hundreds
more paralegals and community surveyors.
In addition, with the number of issues being raised by SHG members
threatens to
overwhelm the paralegals in the mandals where they currently operate.
This is due to one
of the clear achievements of the program: raising awareness of legal rights
among the
women. This increased awareness means that more women speak up about
their land
problems. More problems mean an increase in each paralegal’s caseload.
More
paralegals will be needed simply to deal with new problems identified in
the mandals
currently covered by the project. There are no current plans to try to phase
out the
paralegals in any particular areas as project leaders believe the demand for
their services
will continue for the foreseeable future.
2. Improved Supervision and Training
21
With some 400 paralegals on staff supervision is a challenge. There are too
few
district project managers, land managers and legal coordinators to afford
an optimal level
of ongoing supervision and guidance. Some paralegals themselves have
suggested that
they could use more initial training.35
3. Maintaining Sufficient Distance between IKP and Revenue System
Staff
Overall, bringing together the IKP and Revenue System functionaries has
bred
positive results, as explained above. However, this could also mean that
NP paralegals
and community surveyors could get sucked into assisting with the routine
work of the
department as personal relationships develop. That is, the increasing
convergence of IKP
and government may make it more difficult for the NP representatives to
maintain their
pro-poor attitude.
4. Institutional challenges
Another significant challenge is to continue to make the Revenue
Department
officials assume a more pro-poor attitude toward their land-related duties.
Hitherto, land
administration was exclusively the responsibility of the Revenue
Department, a
regulatory body focused on issues of law and order. Traditionally, it
functioned in a
typically bureaucratic, top-down manner. Land distribution to the poor was
target driven
and focused on achievements on paper. Increasingly, with the weakening
of delivery
mechanisms at the grass roots level, Revenue Department work on land
issues became
mechanical, with virtually no mechanism for feedback on day-to-day work
or at the
policy level. Department functionaries did not understand that cooperating
with civil
society organizations and others to provide more secure land rights to the
poor could very
much be a part of a poverty alleviation effort.
Under IKP, for the first time in the State the issue of land rights of the poor
has
been made an integral part of the administrative poverty alleviation effort.
Among
Revenue Department officials land issues increasingly are being viewed
from a
development perspective. Sensitization workshops were conducted for the
Revenue
Department to instill a pro-poor perspective. In some cases, Deputy
Collectors (Revenue
Department officials) have been deputed to the Department of Rural
Development as
Additional Project Directors for IKP.36 The government also issued an
order
institutionalizing convergence between the Revenue Department land
administration
mechanism with civil society organizations and the community at large.37
Perhaps most importantly, the paralegals, most of whom are from the
families of
the most exploited and vulnerable, are able to identify the issues affecting
the poor and
bring them to the attention of the Revenue System. At the same time, NP
paralegals and
others have a greater understanding of the role and functioning of the
Revenue System
35 InKurnool District, paralegals suggested they could use up to 20 more days of training.
36 Government of Andhra Pradesh Panchayati Raj and Rural Development Department
Memo
No.16738/RD.I/A2/2006 (Sept. 9, 2006).
37 Government of Andhra Pradesh, G.O.Ms.No. 1148.
22
because of their training and frequent interaction with officials charged
with
administering land issues. While IKP functionaries operate outside the
mainstream
government structure, they have strong links to that structure so that they
can access
information and resources from within the system. As a result, the IKP
staff can
communicate that information to the SHG network. Thus, NP is building a
bridge
between the system and the poor it is designed to serve.
Another significant challenge is to continue to facilitate an effective
working
relationship between the IKP land functionaries, who work under the State
Department of
Rural Development, and the officials in the Department of Revenue which
is in charge of
land administration. Prior to IKP, such a convergence between the two
departments had
never been attempted before.
In response, the Department of Rural Development organized a series of
official
meetings at the state, district and sub-district level to bring together key
officials of the
two departments and educate them on the goals and methods of IKP Land.
Formal
government orders and memos were issued outlining the purpose, nature
and modalities
of this convergence. It will be a challenge to bring these meetings, orders
and memos to
life in the field.
VII. GOOD PRACTICES
At this relatively early stage in the NP process several potentially good
practices
have begun to emerge:
1. Build local community organizations (such as those in the SHG
network) to
provide a platform on which the poorest of the poor can articulate the
issues relating to
their land rights and a channel through which the system takes cognizance
of and
addresses land-related problems.
2. Design the program to transfer to members of the poor communities as
much
knowledge of land rights, issues and resolution mechanisms as possible so
as to empower
the community with the ability to resolve land problems on their own.
3. Wherever possible, hire paralegals, community surveyors and others
from poor
families so that they can more easily understand and relate to the problems
of those they
serve.
4. Promote community ownership by placing the paralegals and
community
surveyors under the supervision of the community/women’s groups in
order to encourage
greater community buy-in.
5. Include several days of village immersion in the paralegal and
community
surveyor training program to provide trainees with first hand knowledge of
the problems
facing their future clients and to instill a pro-poor attitude among them.
23
6. Design the system to support and augment existing government and civil
society service mechanisms. Provide and support linkages between project
workers, civil
society groups, the legal community and government officials charged
with land-related
responsibilities.
7. Partner with legal education institutions to create a pool of law students
to
work on legal issues of the poor and to instill a pro-poor attitude among
students to make
them more likely to take on land cases on behalf of the poor after
graduation.
8. Create and distribute handbooks in local languages including a typology
of
typical land-related issues and step-by-step procedures for identifying and
resolving those
issues.
VIII. CONCLUSION
In a relatively short time, the IKP Non-Purchase Component has made a
strong
start toward creating a robust system for addressing land issues of the rural
poor on a
sustainable basis. Overall, the IKP Land Component reflects a commitment
by the
Government of Andhra Pradesh to reinvigorating efforts towards the goal
of providing
more secure land rights to the poor as part of a larger development agenda.
CASE LAW
Sections 1,2, 171 -Does not apply to Jagirs - Grant of
patta in 1340 F. in Jagir land - Not valid. Loani Rules,
1347F. and Rules relating to grant of pattadari rights in
Non-khalsa villages - Applicability. State of A.P. vs. Md.
Asarfuddin Khan, 1966 (2) ALT 331.
2
[1-A. Effect of Regulations LX & LXIX of 1358
Fasli and Act XXI of 1950 on this Act:—
With effect from the commencement of the
Andhra Pradesh (Telangana Area) Board of
Revenue Regulation, 1358-F.) 1[the A.P.
(Telangana Area) (Abolition of Jagirs) Regulation
1358 F.) and 1[the Andhra Pradesh (Telangana
Area) Tenancy and Agricultural Lands Act, 1950
(Act XXI of 1950) Regulation LXI of 1358 F.
Regulation, LXIX of 1358 F. Act XXI of 1950
respectively, the provisions of this Act are
subject to the provisions of the said Regulation
and Act.]
2. Definitions:—
In this Act unless there is anything repugnant
in the subject or context,—
4
[(1) 'Revenue Officer' means every officer of any
rank whatsoever
appointed under any provision of this Act] or
of 5 [the Andhra
Pradesh (Telangana Area) Record of Rights in
Land Regulation,
1358 F.] (Regulation LXIII of 1358 F.) and
appointed for carrying on
the land revenue administration or who
discharges the function
relating to survey, assessment and
preparation of accounts and
records;
---
)
(9 'Inam land' means the land exempted wholly
)
---
(
1.Subs. by Regulation No. LVIII of 1358-F.
1
0
)
2.Cls. (9) and (9-A) were omitted by the A.P.A.O. 1957.
3.Subs. by clause (11) of ibid.
---
been entered as such in Government records whether
he be personally in possession of the holding or
through his Shikmidar;] (12) Shikmidar' means the
person who like Pattadar possesses a title to the land
or who from the beginning has been jointly in
possession of the land with the Pattadar or who, before
the commencement of this Act, has acquired by virtue
of any regulation in force, or may acquire by virtue of
that law the right of a Shikmidar. 1[(13) 'osarnishikmi'
means a lessee, whether holding under an instrument
or under an oral agreement, and incudes a mortgagee
of an asami shikmi's rights with possession, but does
not include a lessee holding directly under
Government;
(14)'village' includes a town or city and all the land
belonging to a village,
town or city;
(15)'village officer; means the Patel and Patwari of a
village;
2
[(16) 'rent means the consideration in money or kind or
partly in money and partly in kind paid or payable by a
Shikmidar to his Pattadar or by an Asami Shikmi to the
holder of the land on account of the use or occupation
of the land held by him as Shikmidar or Asami Shikmi
but shall not include the rendering of any personal
service]; 3[( 17)' revenue' means the amount payable by
the holder to the Government
at fixed periods for use of or entry into the land];
4
[(18) 'chauadi' includes in any village, in which there is
no chavadi, such place as the 5[Collector] may
direct shall be deemed to be the chavadi for the
purposes of this Act.
CASE LAW
Sec.2(15) - Gumastha Patwari is Village Officer within
Sec. 2(15) and he is a public servantwithin Sec. 21(10) of
Penal Code. Y. GopalReddy vs. State of A.P., ILR 1964 A.P.
1237.
CHAPTER II
6
---
CHAPTER III
lOmitted]
3
CHAPTER IV
Land and Land Revenue
24. All lands etc., are property of 4[Government]:—
All public roads, lanes, paths, bridges, ditches,
dikes, rivers, streams, tanks, ponds, canals, lakes,
and flowing water and all lands, wherever situated,
together with all rights appertaining thereto are the
property of the Government excepting:—
(a)those belonging to persons or class legally
capable of holding
property and to the extent so far as their
such rights are
established;
(b)those in respect of which any other order
under any law may
have been given.
It shall be lawful for the 2
[Collector] or other officer
appointed by the 4[Government] for this purpose
subject to rules sanctioned by the Government and
contained in notification and the order of the '[Board
---
---
1.Subs. by Act No.III of 1355-F.
2.Subs. for the word 'Subedar' by A.P.A.O. 1957.
3.Subs. for the word Taluqdar' by the A.P.A.O. 1957.
4.Amended by Act No. III of 1308-F.
---
(c) The aforesaid articles may, with the permission of
1
[Collector] also be taken for Government
purposes of the Public Works Department, 2[Local
Administration] or other departments or for
purposes of public benefit, from the land on which
revenue has been fixed but is not held by any
person and is not set apart for any special
purpose.
---
---
the Forest Department; but in case the valuable Irsali
timber therein be in abundance an intimation in writing
for sale of timber shall be given to the 1[District Forest
Officer]. It shall be incumbent on the Forest Department
either to fell or sell the trees within one year from the
date of receipt of the intimation, otherwise the 2[Collector]
on the expiry of the said period may, at his own
instance, sell and credit the amount to the Forest
Department, and in case it is not deemed fit to fell such
trees, they may be preserved and including the land on
which those trees lie patta of the remaining land may
be given.
32. Letting out for cultivation unoccupied land
containing valuable trees situate in taluqa
where forest boundaries have not been
demarcated:—
---
---
per cent of the tree-tax payable for the tree to
the Government in accordance with the laws
and rules for the time being in force.
(3)Nothing contained in this Section shall be
deemed to exempt the
juice of such trees from any excise duty that may
be leviable
thereon under any law for the time being in force.
(4)(i) An owner who is unwilling to get his trees
tapped, shall before
the end of April every year intimate his
unwillingness in writing, to the Excise
Superintendent concerned. In case of failure
to give such intimation, he shall not cut down
his trees during a period of seventeen months
following the said month of April.
(ii) Any owner who cuts down his trees in
contravention of provisions of clause (i) shall be
liable for each tree so cut to a penalty equal to
double the amount of abkari tree-tax in force at the
time of contravention. Such penalty may be
imposed by the Collector or any other officer
empowered by the Government in this behalf.] 1[35.
Proprietary rights of Government over toddy,
sendhi and
gulmohwa trees:—
Notwithstanding anything contained in Sections 34
and 38 with effect from the date of the coming into
force of the Hyderabad Land Revenue (Amendment) Act,
1956 (XXXII of 1956), all the toddy, sendhi and gulmohwa
trees standing within the limits of any land that may be
given on patta on or after the date, shall belong to the
Government and the pattadar, Shikmidar or any other
person in possession shall not be entitled to plant such
trees within the limits of such lands without obtaining
the permission of the Government. 36. 2[Omitted] 37.
Rules relating to lopping of Sendhi and toddy and
tapping trees
to apply to trees belonging to 3[Government]:—
Rules and orders relating to the 4[* * *] lopping of sendhi
and toddy trees which are now in force or may
hereafter be enforced by the 3
[Government] by
notification shall apply to trees belonging to the 3
[Government] only.
Lopping of trees belonging to Pattadar and use of
leaves, fruits and wood shall be exempted from such
restrictions and orders. 5[37-A. Duty of Pattadar or
tenant to report illegal tapping of toddy
and sendhi trees:—
(1) The pattadar, tenant or other person, in actual
possession of land on which any toddy or sendhi
tree stands must report in
---
1.Subs. by Hyd. Act IX of 1956.
2.Omitted by Act XXXVII of 1950.
3.Amended by Act III of 1308-F.
4.Omitted by Act III of 1343-F.
5.Subs. by Act XLIV of 1952.
---
writing or in case where he does not know writing,
orally to the Patel or Patwari of the village any case
of tapping of such trees as soon as possible after
he becomes aware of such tapping and on receipt
of the information by Patel or Patwari, as the case
may be, he must issue written acknowledgment
thereof to the reporter, and in case of illegal
tapping he must report the same to the Abkari
authorities conce ied.
(2) Any contravention of sub-section (1) shall be
punishable with fine which may extend to the
amount of the tree tax payable, in respect of the
tree illegally tapped, in accordance with the laws
and rules for the time being in force.]
38. Proprietary right over Gialmohwa trees and the
rights to plant such trees:—
1
[(1) Subject to the provision of this Section and
Section 35, all gulmohwa trees standing for the
time being within the limits of the land legally
occupied by a pattadar, shikmidar or any other
person in possession (hereinafter referred to in
this section as owner) whether grown by such
person or not, shall be deemed to be the
property of the owner. Such owner shall not
however, be entitled to plant gulmohwa trees
within the limits of such land without obtaining
the permission of the Government.
(2)The pattadar shall not be entitled to ferment
any Gulmohwa
grown on such land or to sell such Gulmohwa to
any person
other than a person authorised by Government.
2
[If the Pattadar
sells such Gulmohwa to a person so authorised
the Pattadar
shall not be entitled to charge such person more
than 25 per cent
of the amount payable to such person by the
Government in
accordance with the laws and rules of the time
being in force
relating to supply of Gulmohwa to Government.]
(3)Nothing contained in this section shall be
deemed to exempt any
Gulmohwa grown on such land from any excise
duty leviable
thereon under any law for the time being in
force.
3
[(4) Any owner who is desirous of grazing his cattle
within the limits of such lands shall inform the
Excise Commissioner of his intention, in
writing, in the form prescribed and within the
period notified by the Excise Commissioner.
Failure on the part of an owner to give such
information shall mean that he is willing to
have the Gulmohwa on the said lands collected
by the person authorised by the Government
in this behalf. Such owner, shall not, however,
be entitled to store Gulmohwa exceeding five
seers.
----
---
---
demand or Mukta or Inamjodi shall also apply to alluvial
land within the limits of such land or which has come up
from the river bed on account of the river abandoning
its course but land revenue shall not be leviable in
respect of any such land or river bed unless the area of
the same exceeds the area mentioned in Section 55.
---
1.Amended by Act III of 1308-F.
2.Subs. for the word "Taluqdar" by the A.P.A.O. 1957.
3.Amended by Act III of 1355-F.
---
which is either the property of the Government or which
the Government has by constructing and repairing an
anicut or by any other means made available for
cultivation and with regard to the use of which rate has
not already been fixed on the land.
Such rate shall be liable to revision after a period which
Government may with regard to the principle and rules
of settlement, determine and it shall be recoverable
as1[Government] land revenue.
CHAPTER V
Occupation of Khalsa Land and Right
of Occupants 54. Procedure for acquiring
unoccupied land:—
(1)When any person is desirous of taking
unoccupied land he shall
before occupying the land submit a petition to
the Tahsildar and
obtain his permission in writing.
(2)On such petitionbeing submitted, the Tahsildar
may, in accordance
with the rules made by the Government in this
behalf from time to
time, give permission in writing for occupation.]
2
[54-A. Procedure in respect of land acquired
for purpose of public
benefit and no more required:—
When agricultural or pasturage land acquired for
public benefit is no longer required the patta thereof
shall be made in the name of the person or his
successor from whom, such land was acquired provided
he consents to refund the compensation originally paid
to him. If such person or his successor does not take the
land, it may be given on patta under Section 54.
CASE LAW
When once the agricultural land is acquired for any
non-agricultural purpose for being used to any public
benefit the same by law shall be deemed to have lost its
character of being agricultural or pasture land and Section
54-A of the Telangana Act is not applicable to such land.
For instance, if the land is acquired for construction of
school building or industry or for providing housing
colony and if any part of the land is not utilised for the
said purpose, it cannot be said that still the surplus land
continues to be agricultural land. Such interpretation of
treating unutilised agricultural land as agricultural land
would be contrary to the very spirit of Chapter -V,
especially Sections 54 and 54-A of the Telangana Act as
well as the Land Acquisition Act. Koppula Narasiah vs.
Government qfA.P. 2000 (6) ALT 337.
Section 54-Aand Board Standing Orders, B.S.O.
No.90(32) and Land Acquisition Act, 1894. Sec.4(1) -
Acquisition of agricultural land for a public purpose -
Acquiring authority utilised only certain extent ofland
acquired. The said authority informing the Land
Acquisition Officer that the remaining unutilised portion
of the land was no longer required. Petitioner-landowner
making representation to reassign the said unutilised
land to him preparing to pay back compensation
received in respect of that land together with interest at
12% p.a. L.A.O. rejecting such representation stating that
it was required for construction of M.R.O. complex. Such
an order of rejection of LAO - Not legal. Petitioner-
landowner entitled to get reassessment of such unutilised
land under Sec.54-A of the Act and B.S.O. No.90 (32).
Authorities shall assign such land or grant patta in favour
of the person from whom it was acquired even without
making an application by him. Proposal of the authorities
to make use of the said land for some other public
purpose is an afterthought put forward to circumvent
the order of High Court in earlier writ petition directing
authorities to consider the representation of petitioner for
reassignment of the said Land. Unutilised land is only a
small bit and not useful for construction of any office
complex. Order of single Judge in writ petition holding the
petitioner to be entitled to relief of reassignment sought
for by him. Just one. No interference with the said order
warranted - Writ Appeal dismissed. Gout. o/A.P., Revenue
Dept vs. SyedAkbar; 1999 (5) ALT 202 (D.B.) 11996 (3)
ALT 793 Followed : AIR 1997 SC 2703 Distinguished].
---
---
Expression 'no longer required' for the public benefit
used in Sec.54-A. Meaning of - No longer than the very
purpose for which land was acquired. Syed Mohammad
Yahya Quadri (died) per L.Rs. vs. Dist. Collector.
Nalgonda Dist. 1996 (3) ALT 793.
Section 54-A and Hyderabad Land Acquisition Act,
1309-F., Sec. 3 - Acquisition of land -Agricultural land
acquired for public benefit. Once agricultural land
acquired for public benefit is no longer required, patta
shall be granted to the land owner. Public benefit and
public purpose are synonymous terms. Land acquired for
construction of maternity ward. Not used for the said
purpose - Land owner therefore entitled to get back
patta for the acquired land transferred to his name.
However, land owner held entitled to compensation of
market value of suit land as on the date of this order
deeming it to be a fictional date of eviction, as
government used the land for another public purpose by
constructing buildings thereon. Government held
entitled to retain the land subject to payment of
compensation. Syed Mohammad Yahya Quadri vs. Dist.
Collector, Nalgonda Dist, 1996 (3) ALT 793.
Ingredients of the provision-Stated. Syed Mohammad
YahyaQuadri (died) for L.Rs. vs.Dist. Collector, Nalgonda
Dist, 1996 (3) ALT 793.
Section 54-A and Land Acquisition Act, 1894 and
Hyderabad Land Acquisition Act, 1309-F - Three statutes
relate to acquisition of land - Special law prevails over
general law. Hyderabad Land Revenue Act being a special
law prevails over Land Acquisition Act which is a general
law. Question of harmonious construction of provisions of
two enactments does not arise in such cases. Section 54-A
of Land Revenue Act be read as part and parcel of
Hyderabad Land Acquisition Act.
SyedMohammadYahyaQuadri(died)JbrL.Rs. us. Dist.
Collector, Nalgonda Dist, 1996 (3) ALT 793.
Section 54-A and Transfer of Property Act, 1882, Sees.
51 and 108 - Law of equity -Acquisition of land under
Hyderabad Land Acquisition Act, 1309-F - Land owner
held entitled to possession of land and transfer of patta
under Sec. 54-A of A.P. (T.A.) Land Revenue Act, 1317-F. as
the land was not used for the purpose for which it was
acquired. Government using the said land for another
public purpose and constructing buildings thereon. Land
owner held entitled to market value of land acquired as
on the date of the judgment. Government to retain the
land subject to payment of compensation. Syed
Mohammad Yahya Quadri (died) for L.Rs. vs. Dist.
Collector, Nalgonda Dist., 1996 (3) ALT 793 [1996 (1)
An.WR 456 - Relied on].
55. Rules relating to alluvial land:—
Alluvial land, upto two guntas where it is wet and upto
one acre where it is dry shall remain, without collecting
any revenue in the occupation of the holder of the
adjacent land, and if it exceeds that extent it shall be
let out as unoccupied Khalsa land but the holder of the
adjacent land shall have preference over others.
56. Rules relating to diluvial land:—
If diluvial land is upto two guntas where it is wet and
upto one acre where it is dry, the pattadar of the land
shall not get any rebate in its revenue and if it exceeds
that extent rebate shall be given in its revenue. 157.
Procedure when person unlawfully occupies
unoccupied land
or uses land without title:—
(1) If any person unlawfully occupies any unoccupied
khalsa land or so uses or occupies any land which
has been set apart for any special purposes, to
the use or occupation of which under this Act he
is not entitled or in respect of which his right of
use of occupation has extinguished shall—
(a) if the land which he has unlawfully occupied or
used without
title or has retained in his possession forms part
of a number
which has been assessed for land revenue,
pay the land
revenue of the entire number for the whole
period of unlawful
occupation or use: and—
---
---
(b)if such land has not been assessed for land
revenue, pay so much
amount of land revenue as would be
recoverable in the same
village for similar land according to the area of
occupied land,
period of occupation and the nature of use; and
(c)if the land has been used for agricultural
purposes he shall at the
discretion of the 1[* * *] 2[Collector] 1[* * *], pay in
addition to the
land revenue provided in clause (a) or (b) a fine
which may extend
to ten times the annual land revenue of the said
land recoverable
from him. Provided the ten times amount is not
less than five
rupees; otherwise the maximum amount of fine
any extend to five
rupees and if the land has been used for
non-agricultural
purposes the maximum amount of fine shall
extend to the
amount as the Government may by rules fix
from time to time.
---
---
the date of the notification shall not be
transferable without obtaining the previous
sanction of the1[* * *]2 [Collector] 1* * *]-
(2) The Government may also at its discretion from
time to time notify by Official Gazette, that any part
or person or class of persons of such village or tract
of the area to which this Act extends to which the
provisions of sub-section (1) have been made
applicable shall be exempt from the said provisions.
58-B. Procedure in case of transfer 'by order of
Court' of land not
transferable without sanction of 1[Collector]:
— Where right of occupancy of any land is declared
non-transferable without the sanction of the 1* *
*]2[Collector] 1[* * *] and the1[Collector] has not given
sanction for its transfer and the transfer of such
occupation has been made by the order of a Civil Court
or the Civil Court has passed a decree regarding its
transfer or its decree or order is founded on such
transfer as has been affected without the sanction of
the 2[Collector].
(a)No process of the Civil Court shall have effect on
such land nor
any transfer thereof shall be considered as valid;
and
(b)Where a certificate is produced before such
Court under the
hand and seal of the1[* * *] 2[Collector] 1* * *] to
the effect
that right of occupancy of the land is not
transferable without
the sanction of the 2 [Collector] which should be
previously
obtained and that such sanction has not been
given, such Court
shall remove any attachment of land if it has
been made or
cancel any other process if it has been unissued
in respect
thereof or if the land has been sold auctioned
or any such
auction has been made as affects right of
occupancy of such
land, shall also cancel every such sale.]
59. Who shall be Pattadar on death of
Pattadar:—
On the death of a Pattadar of Khalsa land the name
of the person who is lawfully entitled under a Will and
if there be no such person, of the nearest heir, and if
there are several heirs of equal degree, of the one who
by custom has the right of primogeniture shall be
entered in the register by the 2[Collector] and the
names of the remaining heirs shall be entered as
Shikmidar. But, if at any time, any person produces
against the claimants, of a patta a decree of a
competent Court as regards his right of preference
amendment in the Government records shall be made
in accordance with the decree.
60. Occupancy right to be sold in case
Pattadar dies intestate or
heirless:—
Where a Pattadar dies intestate or without making
a Will, the occupancy right of land held by him shall
be sold and after deducting expenses of sale the
arrears of land revenue, if any, shall first be paid
---
---
62.
P
from the sale proceeds and the remainder shall be r
dealt with as unclaimed property. o
---
---
---
issue a certificate to that effect in the prescribed form
and give intimation thereof to the former pattadar of
that land; and such certificate shall be binding on the
former pattadar; '[(ii) where no Shikmidari certificate
was granted to a Shikmidar in respect of any land by
a Revenue Officer as provided in clause (i), the
Deputy Collector, shall on an application made within
a period of seven years from the date of
commencement of the Andhra Pradesh {Telangana
Area) Land Revenue (Amendment) Act, 1964,or may,
suo motu at any time, after making an inquiry in the
prescribed manner declare the Shikmidar as
pattadar of that land and issue a certificate to that
effect in the prescribed form and give intimation
thereof to the former pattadar of that land and such
certificate shall be binding on the former pattadar.]
(iii) where a Shikmidar is declared to be a pattadar in respect of
any
land under clause (i) or clause (ii), the former pattadar of land,
who has not received the price payable therefor from the
Shikmidar, shall within a period of one year from the date of
intimation to him, apply to the Deputy Collector for the
determination of the reasonable price to be paid to the former
pattadar for that land by the Shikmidar:
(iv) on receipt of an application under clause (iii), the Deputy
Collector shall give notice to the applicant and the Shikmidar
who is declared as pattadar and to all other persons who appear
to him to be interested, of the date, time and place at which he
I proposes to enquiry into the application and on the
completion
i of the enquiry, he shall determine the reasonable
price payable
-p for the land by the Shikmidar to the former
pattadar;
| Provided that the amount so determined as reasonable
price shall not
be more than ten times and less than eight times the
difference between the rent paid or payable by the
Shikmidar to the former pattadar for the year 1952 and
the land revenue paid or payable for that year by the
former pattadar to the Government in respect of that
land;
(v) Where the Shikmidar fails to pay, in the manner
and within the
! time prescribed, the reasonable price for the land
in respect of
L which he has been declared as pattadar under
clause (i) or
i clause (ii), as determined by the Deputy Collector,
the amount
so payable shall be recovered from the
Shikmidar as an arrear of land revenue in the
following manner and paid to the former pattadar
of the land—
(a) by the sale of the properties, if any, of the
shikmidar other than the land in respect of
which the reasonable price is payable;
---
1. Ins. by Act 13 of 1969 (18-3-69).
---
(4) Where the transferee fails to pay, in the
manner and within the
time prescribed, the reasonable price for the
land in respect of
which he has applied to be declared as
pattadar under sub
section (1), as determined by the Deputy
Collector, the amount
so payable shall be recovered from the
transferee as an arrear of
land revenue in the following manner and
paid to the former
pattadar referred to in sub-section (2), of the
land—
(a)by the sale of the properties, if any, of the
transferee other than
the land in respect of which the reasonable
price is payable;
(b)where he has no properties other than such
land or where the
amounts realised from such properties falls
short of the
reasonable price, by the sale of such land.
(5) The Deputy Collector shall after satisfying
himself that the price
payable to the former pattadar referred to in
sub-section (2) has
been paid or has been deposited within such
time and in such
manner as may be prescribed, require the
transferee to deposit
in the office of the Deputy Collector an
amount equal to the
registration fees and the stamp duty that
would have been
payable had the transfer been effected by a
registered document
in accordance with the provisions of the
Registration Act, 1908.
On the deposit of such amount, the Deputy
Collector shall issue
a certificate in the prescribed form to the
transferee declaring
him as pattadar of that land and such
certificate shall,
notwithstanding anything in the Registration
Act, 1908, be
conclusive evidence of such transfer".
68. Liability of Shikmidar to payment of land
revenue:—
A Shikmidar shall pay on the land held by him only so
much of fixed rent or share of produce as maybe due in
accordance with the agreement entered into between
him and the pattadar or pote-pattadar, and if no such
agreement has been entered into as much as he was
paying in accordance with the usage in previous
years, and so long as he continues to pay the rent he
shall not be evicted from the land in his possession.
69. When rent may be enhanced on Shikmidar:—
The rent on the Shikmidar may be enhanced in the
following cases only:—
(a)When after expiry of term of settlement an
enhancement in the
assessment of land revenue on the land held by
the Shikmidar
is made by the l [Government] or at any time any
new local tax
is levied by the '[Government] the Shikmidar shall
be liable to a
proportionate increase, provided that no
agreement to the
contrary has been entered into.
(b)When the term of agreement between the
pattadar and the
Shikmidar expires and the right of the pattadar
to enhance the
---
---
rent after the expiry of the term has been
agreed to under the agreement the
enhancement may be made under the terms of
the agreement.
(c) If, apart from the labour and expenses of the
Shikmidar through the expenses of the pattadar
or owing to other reasons the capacity or the
area of the land is improved an enhancement
may be made with regard to such improvement
provided that no agreement to the contrary has
been entered into and enhancement shall not be
made again within five years.
70. When Shikmidar shall be entitled to
reduction of rent:—
A Shikmidar shall be entitled to reduction of rent in the
following case only:—
(a)When any reduction in the land revenue in respect
of land held
by the Shikmidar is made by the l [Government] or
any local tax
is remitted by the 1 [Government] in proportion
thereto provided
that no agreement to the contrary exists.
(b)When it may be so provided in the agreement.
(c)When the area or capacity of the land diminished
owing to some
reason, not being the result of an act of the
Shikmidar, provided
that no agreement to the contrary has been
entered into,
71. Liability of Asami Shikmi respecting
payment of rent and
procedure when Shikmi relation is not
desired to be
maintained:—
If no agreement has been entered into with the
Assami Shikmi the same rent as was due for the
previous year shall be recoverable either in cash or
share of produce and if the Asami Shikmi has from the
beginning taken possession of the land without any
agreement, such rent shall be fixed as is realised for
land of similar capacity from Asami Shikmis in the
neighbourhood.
The pattadar shall not be entitled, after the
commencement of the agricultural year, to make any
variation without the consent of the Asami-Shikmi, in
the terms or the rent for that year, or to evict theAsami
from the land.
If the pattadar desires to vary the terms or evict the
Asarrii for which there is no express agreement a
written notice of enhancement of rent and other
conditions of eviction shall be given to the opposite party
three months before the termination of the agricultural
year or if the person giving the notice so desires such
notice may be given through the Tahsil Office under the
rules made in this behalf.
If the Asami-Shikmi agrees to the rent and terms he
shall retain possession of the land during the following
year, otherwise he shall relinquish the land. If he
retains his possession notwithstanding the receipt of
notice he shall be bound to pay the enhanced rent and
observe
---
1. Amended by Act No. III of 1308-F.
---
the conditions set forth in the notice; and if the notice
before eviction the Asami-Shikmi shall have no right of
possession during the following year. Asami-Shikmi,
after commencement of the agricultural year, shall not
be authorised to relinquish the land for the whole year,
without payment of rent, but if he desires to relinquish,
he shall as therein before specified, notify the pattadar
three months before the termination of the current
agricultural year.
Application regarding enhancement or reduction of
rent or eviction shall be presented and heard in the
Tahsil.
72. Application for arrears of land revenue or
rent in Tahsil within
three years: —
If a pote-pattadar Shikmidar or Asami-Shikmi does not
pay the land revenue or rent in time, application in
respect of the same may be presented in Tahsil within
three years from the date of its becoming due and the
decision of the Tahsil shall be enforced under the rules
for the realisation of land revenue, but this procedure
shall not be a bar to seek remedy in the Civil Court.
73. Procedure in case of remission or
suspension of land revenue: —
If land revenue is wholly or partially remitted or
suspended by the
1
[Government] the remission or suspension shall also
apply to the rent of pote-pattadar, Shikmidar and Asami-
Shikmi according to the shares; provided that no
agreement has been made to the contrary.
74. [Omitted].
2
75. Penalty when proved that land-holder has by
force recovered any
amount in excess of fixed land revenue or rent:
— When it is proved to the 3[Collector] regarding any land
holder that he has unlawfully recovered from any
Shikmidar or Asami-Shikmi an amount in excess of fixed
land revenue or rent payable under the provisions of
this Chapter, the 3[Collector] shall get the amount
recovered in excess refunded to the aggrieved person
and may also levy on him a fine not exceeding the
amount recovered in excess and the 3[Collector] may
also, if he deems fit order to pay a portion of the amount
of fine recovered to the aggrieved person by way of
damages.
76. In default of payment of land revenue it shall
be lawful in certain
cases to cease and auction right of pattadar
and make any co-
occupant or other concerned person a
pattadar: —
When it appears to 3[Collector] that a pattadar with
intent to defraud or
cause injury to Shikmidar or other person interested in
the number, has,
willfully not paid the land revenue and rendered the
number liable to
attachment and sale, the 3[Collector] may instead of
attaching and selling
the right of occupancy, attach only the title of such
pattadar, and on
condition of payment of the whole amount of land
revenue due on that land
---
---
cause the name of the Shikmidar or the person
interested in such number to be entered as a pattadar
in the village records. The person whose name may be
so entered in the village records shall acquire the same
rights as the original pattadar.
*CHAPTER VII Settlement
and Partition of areas
1
77 . Government may introduce revenue
survey into any part of Dominions:—
The Government may whenever they deem it
expedient, issue order to make survey of any land in any
part of 2[the area to which this Act extends], for the
purpose of settlement and assessment of land revenue
and record and preservation of the rights relating
thereto, or for any other similar purpose. Such survey
shall be called the revenue survey. Such survey may be
made of the land of any village, town or city generally of
such land only as the Government may direct; and
subject to the orders of the Government the Officers
conducting such survey may exempt from survey any
land the settlement of which does not appear
expedient.
The entire power to control every such survey shall vest in
the Government.]
CASE LAW
Sections 77, 78, 86 and 88 - Patta recorded in Sethwar
(Settlement Record) - Whether evidence of title - Patta is
evidence of right of the holder of land. Patta is evidence
of title - Pattadar is one in whom title vests. Union of India
vs. VasaviCo-operatiue Housing Society Ltd. 2002 (5)
ALT370 (D.B.).
78. Landholders, etc., maybe made by
general notice or summons,
to attend survey operations and assistance of
Village Officers,
and officers, concerned may be taken:—
The 3[Survey officer] may require, by general notice or
summons, the attendance of all landholders and all
persons interested in such land, in person or through
an authorised agent acquainted with the facts and able
to answer material questions, and the presence of
village servants and officers concerned, who are, legally
or by usage, bound to perform their functions by virtue of
their offices and services and also take from them such
assistance in the operation of survey as may not be
inconsistent with their dignity and position.
79. No number to comprise of less than fixed
area:—
Number of any cultivable land shall not be made of
less or greater area than fixed by the 3[Government]
for each district according to different types of land
and a statement showing the area fixed shall, before
the commencement of the survey be displayed at a
conspicuous
---
---
place in each village. These provisions shall not apply
to the numbers which have already been made of
a'lesser area or which have been made under the special
order of a superior 1
[Survey officer] or which may be
made, separately demarcated, under the order of the
2
[Collector] 3[*"* *] in accordance with the provisions of
Section 25 for purpose other than agricultural.
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---
---
notwithstanding that the party concerned does not
admit the error but not such application shall be
entertained after two years, unless reasonable cause is
shown to the said officer for the delay, and in such
cases if any error is proved it shall not be corrected
without obtaining the sanction of thev1[Government].
CASE LAW
Secs.87, 87-A, 166 and 166-B — Government
assumed jurisdiction which they did not possess and
proceeded to remand the case to the Commissioner
of Survey and Settlement — They have also acted
without jurisdiction in entertaining a second revision
petition — It was rejected and it became final — The
Government are justified in invoking to revisional power
at the instance of the District Collector to nullify the
order passed by the Commissioner of Settlement
without jurisdiction and contrary to the provisions of
Sec.87 — Even though there is an infirmity in the
impugned order of the Government as regards the
manner of decision making, the writ need not issue "ex
debito justitiae" — An order which is vitiated by certain
infirmities cannot be condemned and thereby allow a
patently illegal order passed without jurisdiction to
hold its sway—A truncated approach cannot be
adopted and bring about a result leading to
miscarriage of justice. Khairuddin All and others vs.
State of A.P. and others; 1999 (2) ALT 727 (D.B.) = 1999
ALT (Rev.) 557.
2
[87-A. Delegation of powers of Government:—
(1)Notwithstanding anything in this Act, the
Government may, by
notification published in the Andhra Pradesh
Gazette, delegate
their powers under Section 87 to the Settlement
Commissioner,
and may, by like notification, withdraw any such
delegation.
(2)The exercise of the powers delegated under sub-
section (1) shall
be subject to such restrictions and conditions, if
any, as may be
specified in the notification.]
CASE LAW
Sec. 87-A—See Sec. 87— Khairuddin All and others
vs. State of A.P. and others; 1999 (2) ALT 727 (D.B.) =
1999 ALT (Rev.) 557.
3
[88. Settlement records to be made over
4
[Collector] who shall cause village records
to be prepared:-
(1) The settlement register and other records
prepared by the 3[Survey officers] shall be made
over to the 4[Collector], who shall cause Village
records to be prepared in accordance therewith.]
[(2) * *
*] 6[88-A. *
* *]
89 Division of numbers and fixing of pote-
numbers on second settlement to be lawful:
—
The 3
[Survey officer] may, on the occasion of any
subsequent settlement, subject to the provisions of
Section 79 and under the rules
---
1.Amended by Act III of 1308-F.
2.Ins. by A.P. Act 36 of 1976 (19-4-1976).
3.Amended by Act No. III of 1308-F.
4.Subs. for the word "Taluqdar" by A.P.A.O. 1957.
5.Sub-section (2) was omitted by ibid.
6.Section 88-A was omitted by ibid.
---
made in this behalf, break up and divide a number into
two or more numbers and shall fix separate assessment
for each such number and enter the area of each such
number and the name of the occupant in the settlement
register. 1 -89- A. Division of Survey numbers into
new Survey numbers:—
Notwithstanding anything contained in Section
79 and Section 89 or rules made thereunder, when
any portion of cultivable land is permitted to be
used under the provisions of Sections 61 and 62 for
non-agricultural purpose or when any portion of land
is specially set apart under Section 25 or when an
assessment on any portion of the land is altered or
levied under Section 50, separate survey number
may, subject to the rules made by the Government
under this Act in this behalf, be made of such
portion. 89-B. Division of Survey numbers into
pote-numbers:—
(1)Notwithstanding the provisions of Section 89 the
Government at
any time, may direct that survey numbers be
divided in to so
many pote-numbers as may be required in view
of the rights
acquired in land or for any other reason.
(2)The division of survey numbers into pote-
numbers and the
assessment of the pote-numbers shall be made
and from time to
time revised under the rules made by the
Government in this
behalf under this Act;
Provided that the total amount of assessment of
any survey number or pote-number shall not be
enhanced during the term of settlement for which
such assessment has been fixed under Sections 81
and 83, unless such assessment is declared liable to
alternation under Sec. 50.
(3) The area and the assessment fixed of such
pote-numbers shall
be entered into such records as the
Government may prescribe
in this behalf.]
CHAPTER VIII
Dispute Relating to Boundaries and
Installation and maintenance of
Boundary Marks
2
[90.Deterrnination of village boundaries:—
The Collector or any other officer nominated by the
Government for this purpose, or the Settlement
Commissioner, if survey operations are proceeding in the
village shall enquire about and fix the boundaries of
villages and determine disputes, if any, relating thereto.
When the Patels and Patwaris of any two or more
adjoining villages agree to any given line of boundary and
such agreement is not illegal, the officer determining the
boundary shall require the said parties to execute an
agreement to that effect and shall mark off the
boundary accordingly.
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---
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---
(a)where a person or his legal representative
upto the date of
commencement of this Act, has held any land
without payment
of land revenue and has not made an
agreement with the
1
[Government] to pay it in future;
(b)where a competent officer has made an order or
granted a Sanad
in respect of right of occupancy exempting any
land form land
revenue without fixing any period. In other cases
also no land
revenue shall be levied on a land within a village
site without the
sanction of the l [Government],
101. Procedure on occupying without
permission land situate in
village site:—
CHAPTER IX
Realisation of Land Revenue
and other Government
Demands
---
---
instalment or thereafter shall not be recovered form him,
and the amount so recovered shall be refunded from that
pattadar or superior holder. Priority of 1Government]
Claim for Land Revenue
---
---
(b)he may direct that such crop shall not be
removed from the land
on which it has been reaped, or from the place
where it may have
been stored, without the written permission of the
1
[Collector] or
of other officer as aforesaid;
(c)he may appoint a watchman, fixing his pay, to
watch that the
standing crop is not unlawfully reaped or
removed without
permission. The pay of such watchman shall not
exceed five
rupees per month, and may be realised as an
arrears of land
revenue from the land holders, but if the
produce could be
watched through the village officers a paid
watchman shall not
be appointed.
108. Issue of orders provided for in Section
107 and penalty for
contravention thereof:—
Orders provided in clauses (a) and (b) of the
preceding section may be issued generally to all the co-
occupants or land holders or individually to any particular
holder.
If the orders be made generally to all land holders they
shall be issued by proclamation to be made by beat of
drum and a copy thereof shall be affixed at some
conspicuous place in the village Chavadi. If the said
orders be made individually they shall be issued
separately to each holder concerned. Any person who
contravenes the orders so issued or abets such
contravention shall be liable, on conviction after a
summary enquiry before the 1[Collector] to a fine not
exceeding double the amount of the land revenue on the
land in respect of produce of which the offence is
committed.
109. Reaping or removal of produce of land not
to he prohibited for
such long period as to damage produce:—
The ' [Collector] shall not defer the reaping of the crop
and its removal so as to damage the produce of the land
and if the land revenue has not been paid within two
months from the date of attachment or with in such lesser
time as the 1[Collector] may fix in special cases, he
shall either release the produce and adopt other
measures to realise the land revenue under the
provisions of this Chapter or sell such portion of the
attached produce under the provisions of this Chapter
relating to sale of movable property for the recovery of
revenue the price of which will be sufficient for payment
of revenue.
110. Attachment of village or part of village for
land revenue:—
If the holding consists of an entire village or of a part of
a village and
the 1[Collector] has reason to believe that owing to a
dispute among trie sharers or for any other reason its
land revenue will not be recoverable in the prescribed
instalments, he may temporarily attach the village or
part of the village and take it under his own
management or entrust it to an officer or agent
appointed by him for that work.
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---
The provisions of Section 125 shall also apply to any
village or part of a village which has been temporarily
attached under this section and the income of the
village or part of the village in surplus after allowing
the costs of attachment and management of the land,
and the payment of the land revenue and of the cost
of survey and settlement, if made under Section 77
shall be kept in deposit for eventual payment to the
person entitled to the same, or subject to the orders
of the 1[Board of Revenue], shall be paid by the
2
[Collector] to the person entitled to the same.
111. Precautionary measures to be
suspended on security being
furnished:—
The precautionary measures provided for in Sections
106 to 110 .shall be suspended or relinquished if the
person responsible for the payment of land revenue
shall pay the entire costs of attachment and
management of the land up to the time of
relinquishment and shall furnish reliable security to
the effect that the land revenue shall be paid on the
fixed date or in the prescribed instalments, as the
case may be.
Mode of Instalments of Land Revenue
---
---
the arrear its amount, or of the person by whom it is
due. On receipt of such certified account, the
1
[Collector] of one district shall proceed to recover the
arrear of land revenue of another district under the
provisions of this Chapter as if the arrear is of his own
district.
Recovery of Arrears of Land Revenue
---
---
[120. Distraint and sale of defaulter's immovable
1
property:—
The 2[Collector] or the 3[Deputy or] 4[Assistant Collector]
may distrain the defaulter's immovable property other
than the land held by him, but where such distraint has
been made by the order of the Deputy or Assistant
Collectors it shall not be sold except with the sanction
of 2[Collector]
121. Property of defaulter exempt from
attachment:—
All such property of the defaulter shall be exempt
from attachment and sale under the preceding sections
as is exempt under the 5[Code of Civil Procedure, 1908
from attachment and sale in execution of a decree of a
Court. The 2[Collector's] order as to what property of the
defaulter shall be exempt from attachment and sale
shall be final.
Arrest and Imprisonment
122. Power to arrest defaulter and send him to.
Civil Jail:—
After an arrear becomes due, when it may not
appear possible to recover it in any other way the
defaulter may be kept in custody for ten days in the
district or Tahsil office, but if within the said period the
arrear, together with penalty or interest and the costs
of arrest of and subsistence for the defaulter during
custody and the cost of notice that may be recoverable
is recovered, the defaulter shall forthwith be released.
If during the period of ten days the amount due is not
recovered the 2 [Collector] may thereafter or if he deems
fit before the expiry often days, send the defaulter a
warrant to remain in custody in the civil jail of his
district but no defaulter shall be kept in imprisonment
for a period exceeding one month.
123. Power to arrest:—
The 6[Government may declare by notification] the
officer or class of officers empowered to arrest under
Section 122 and the cost of arrest and scale of
subsistence for the person under custody.
Forfeiture of Occupancy and
Eviction of Defaulter
124. Lease and sale of occupancy right:—
1
[(1) The 2[Collector] may attach the holding in respect
of which land revenue is due and lease it out for a
period not exceeding ten years; but if in his
opinion it is proper to sell such land he may, with
the sanction of the 7[Board of Revenue] sell the
right of
---
---
(2) occupancy of the land. Any sum realised by
auction or sale or through other management
of the land shall be credited to the account of
the defaulter.
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---
and the 1
[Collector] may in addition to the aforesaid
method get every notification published in any other
manner also.
131. Objection in respect of attached property:
—
When any objection is made by any person in respect
of any property for the sale of which notification has
been issued and not being a holding the right of
occupancy of which has been absolutely forfeited to
the Government under Section 124, the l [Collector]
shall make a summary inquiry and decide it and
excluding the property in respect of which the
objection is admitted he shall order the rest to be
sold.
132. Sale by whom and when to be made:—
Sale shall be made through such persons as the
[Collector] may appoint for the work on a day not
1
---
---
(b)- when the sale is concluded before an officer
who is not authorised to sanction and conclude
it finally—
(1)one-fourth, as deposit, immediately after the
sale is concluded.
(2)the entire balance, on account of movable
property, before
sunset of the day on which the notice of
sanction of the sale
is received, and on account of immovable
property within
thirty days of the receipt of notice of
sanction and if the
thirtieth day be public holiday then on the day
following such
holiday.
136. Re-sale if purchase-money is not paid
within prescribed
time:—
If purchase money is not paid within the period
provided in the preceding section, the deposit money, if
any, after defraying therefrom the expenses shall forfeit
to the 1 [Government] and there shall be a resale and for
every such resale, when it does not take place on the
day fixed and in the meeting of the first sale, action
shall be taken for the issue of a notice under Section
130. If the amount for which the resale was concluded
be less than the first sale the deficiency shall be
recovered from the purchaser at the first sale as an
arrear of land revenue and the purchaser at the first
sale shall have no claim to the property sold and the
amount of deposit forfeited.
137. Receipt for purchase money to be
furnished and sale as
concluded to become absolute:—
On payment of the purchase money the auction
purchaser shall get a receipt and after payment of full
amount of purchase money such sale, shall subject to the
provisions of Sections 138 and 139, become absolute in
favour of the purchaser as against all other persons.
138. Application to set aside sale of immovable
property:—
At any time within thirty days from the date of sale of
immovable property application maybe made to the
2
[Collector] to set aside the sale on the ground of
illegality of proceedings, material mistake, or fraud, in
conducting sale or publishing notification but no sale
shall be set aside on such application only unless the
applicant proves to the satisfaction of the 2[Collector]
that he has sustained loss by reason of the illegality,
mistake or fraud. If such application be allowed the
2
[Collector] shall make order to set aside the sale with
the direction that it should be resold.
139. Order confirming or setting aside sale:—
If application for setting aside the sale is not made
under the preceding section or has been made and
rejected the 2[Collector] shall make an order confirming
the sale; and if he thinks that the sale may be set
aside on reasonable ground though no such grounds
were set forth in the application rejected, he may, after
recording his reasons make an order setting aside the
sale.
---
1.Amended by Act III of 1308-F.
2.Subs. for the word "Taluqdar" by the A.P.A.O. 1957.
---
140. Refund of purchase money if sale is
not confirmed or set
aside:—
Where the sale of any property is not confirmed or
is set aside the purchaser shall be entitled to receive
back the purchase-money or the deposit.
141. Putting purchaser into possession of
holding sold and entering
his name as pattadar in village record:—
Where a sale of a holding for which an arrear of land
revenue is due is confirmed in accordance with the
aforesaid provisions, the 1[Collector] shall put the
auction purchaser into possession of the same and
shall grant him a certificate to the effect that the
person has purchased the occupancy right of the
land. The certificate shall be treated as an authority
for transfer of that land and the name of the
auction-purchaser shall be entered into the village
records as a pattadar; and no suit against the
purchaser whose name has been recorded in such
certificate shall be entertained in a Civil Court on the
ground that the certificate holder is not in fact the
purchaser but that by mutual agreement certificate
has been made in his name.
142. Application of purchase money:—
The purchase money after the sale has been
concluded shall be applied first to the payment of
expenses of the sale and then to the payment of
arrears due by the defaulter at the date of conclusion
of the sale and recoverable as an arrears of land
revenue, and the person whose property has been
sold shall be entitled to the surplus, if any. The
expenses of the sale shall be assessed according to
the rules and orders approved by the 2[Government].
143. Liability of purchaser for payment of land
revenue:—
The person whose name has been entered in the
sale certificate as purchaser of occupancy right of the
Government land shall be liable for the payment of all
instalments of land revenue due in respect of such
land subsequent to the date of sale.
144. Sums recoverable under provisions of this
Chapter:—
All the Government sums under the following heads
may be recovered under the provisions of this
Chapter:—
(1)Land revenue
(2)Quit-rent
(3)Nazrana
(4)Peshkesh
(5)Taxes
(6)Local cess
(7)Fine and penalties
(8)Income from lands
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(9) Rusum
(10)Fees
(11)Charges
(12)Penal Interest
(13)Lease money
(14)Moneys recoverable from
sureties
1
[(15) Taccavi loans]
1
[(16) All sums in respect of which provision has been
made in this Act or in any other Act that they be
recovered as arrears of land revenue.]
CHAPTER X
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---
1.The words "in urdu" were omitted by the A.P.A.O.
1957.
2.Amended by Act III of 1318-F.
---
such rules the said officer shall in his discretion adopt
such procedure as may be fit for finding out facts and
for the public welfare.
154. Manner of obtaining copies and translation:—
In all cases in which a formal or summary inquiry is
made authentiated copies and translations of decisions,
orders and exhibits shall be furnished to the parties on
application being made; and original documents
produced in evidence, if they have not been
impounded under any rule or by any order or decision,
shall be restored to the persons who had produced
them; provided that the full charges for copying or
translation, as the case may be, have been received in
accordance with the rules as are in force by the order of
the Government.
155. Arrest to be made by warrant:—
When, under the provisions contained in this Act, a
defaulter or any other person is held liable to be
arrested, such arrest shall be made upon a warrant of
arrest issued by an officer competent to order the arrest,
of such person.
156. Power to enter upon land or premises when
necessary:—
Every Revenue officer may, enter, whenever
necessary for measurements, fixing of boundary marks
or inspecting of boundaries, classification of soil, or
assessment, or for any other necessity connected with
the discharge of duty, any land for premises, whether
such land or premises belongs to the Government or to
any private individual and whether the revenue is
partially or wholly realised from the land or not;
Provided that he shall not enter into any house used
as a dwelling without the permission of the occupier of
the house and without giving twenty-four hours'
previous notice, and on entering such a house due
regard shall be had to the religious and social ideologies
of the occupier of the house.
157. Mode of evicting unlawful occupant:—
Whenever a 1[Collector] may desire to evict, under
the provisions of this Act or any other law, any person
having unlawful occupation of any land, such eviction
shall be made in the following manner:—
(1)a notice shall be served on the unlawful occupant
requiring him
to vacate the land within a fixed period from the
date of receipt
of the notice;
(2)if it is not obeyed such person shall be evicted
from the land by
force;
(3)if such eviction is resisted and obstructed by
any person the
1
[Collector] may hold before him a summary inquiry
into the case
and if satisfied after inquiry into the facts of the
case that the
resistance or obstruction was without any just
cause and that
such resistance and obstruction continues, shall
issue a warrant
for the arrest of the said person and keep him in
custody in the
---
1. Subs. for the word Taluqdar" by the A.P.A.O. 1957.
---
office of the district, or Tahsil or send him with a t
warrant for imprisonment in the Civil Jail of the o
district for a period not exceeding thirty days as
may be necessary to prevent the obstruction and t
resistance. Explanation:— Nothing in this section h
shall prevent proceedings e
against such person under the 1[Indian Penal Code,
1860] (Central Act G
45 of 1860). o
2
[CHAPTER XI Appeal, v
Review and Revision e
Appeal r
n
158. Appeal from order of Revenue Officer:—
m
{1) Except as otherwise provided in this Act for any
e
other law for the time being in force, an appeal
n
shall lie against any decision or order passed by a
t
Revenue Officer under this Act or any other law for
the time being in force, to his immediate superior
f
officer whether such decision or order may have
r
been passed in the exercise of original jurisdiction
o
or on appeal.
m
Explanation:— For the purposes of this section
superior officer with reference to the decisions and
a
orders of Tahsildars shall mean the 3[* * *] 4[Collector]
n
3
[* * *] concerned, or the 5[Deputy or Assistant] 3[* * *]
y
4
[Collector] entrusted with the control of the Taluqa and
specially invested by the 6[Government] with powers to
d
hear appeals against the decisions and orders of
e
Tahsildar subordinate to him.
c
7
[(2) Subject to the provisions of [the Andhra Pradesh
8
i
(Telangana Area) Board of Revenue Regulation, 1358 s
F.], (Regulation LX 01 1358 F.], (an appeal shall lie
ion or order passed by a Collector or Settlement
Commissioner except in the case of any decision or
order passed by such officer on second or third
appeal.]
(3) When on account of promotion or change of
designation, an appeal against any decision or
order lies under this section to the same officer
who has originally passed the decision or order
appealed against, the appeal shall lie to the
officer competent under this section to hear
appeals against the decisions of the said officer.
---
---
I
(4) Subject to the provisions of 2[the Andhra Pradesh
1
---
---
(b) order the subordinate department to make
further enquiry or take further evidence; or
(c)
take such further evidence himself or by sending
back the case to the subordinate department direct it
for its disposal in the manner he may deem it. 163.
Power to stay execution:—
(1)When a memorandum of appeal is admitted
the appellate
authority may, pending decision of the appeal, direct
the execution
of the order or decision under appeal to be stayed.
(2)Any Revenue officer who has passed an order
or decision or
his successor may, if an appeal against the order or
decision has
not been preferred to a competent officer, on the
application of
any aggrieved party at any time within the period of
appeal stay
the execution of such order or decision for such
period (not
exceeding three months, in any case) as he may
deem fit in order
to enable the aggrieved party to present a
memorandum of
appeal to the competent officer and obtain an order
for the stay
of execution.
Orders under this sub-section by which execution
is stayed or refused to be stayed shall not be
appealable.
(3) When an order of stay of execution is passed
under sub-sec. (1)
or (2) the appellate authority or the executing
officer may, at his
discretion, take security from the party concerned
or impose any
other conditions as may be deemed fit.
1
[164. Final order to be deemed non-appealable:
—
Whenever in this Act or any rule or order made
thereunder, it is declared that a decision or order shall
be final, such expression shall be deemed to mean
that no appeal lies from such decision or order but,
subject to the provisions of 2[the Andhra Pradesh
{Telangana Area) Board of Revenue Regulation, 1358F
(Regulation LX of 1358F). the Government may under
Section 166-B, annul, vary or modify even a final
order or decision.] 165. Propriety or
reconsideration of order passed on motion of
incompetent officer:—
If in any case on the motion of any officer who is not
competent to deal with it, a superior competent
officer passes any order in the first instance, nothing
shall prevent such competent officer, on the application
of any party, to reconsider the said order and modify,
annul, or vary it and such modification, annulment or
variation shall be deemed to be in the first instance.
---
---
---
(4)No order or decision shall be modified or annulled
on review
unless all the parties to the case to be affected are
summoned
and heard against the order or decision under
review.
(5)When a memorandum of appeal or application for
revision has
been filed against any order or decision, such order
or decision
shall not be reviewed.
(6)No order or decision shall be reviewed which affects
the mutual
rights of the riot unless an application is filed by
some party to
the case and such application for review shall not be
admitted
unless it is filed within 90 days form the date of the
order or
decision.
(7)When an order or decision has been disposed of
in appeal or
revision, no Revenue officer lower in rank to the
authority
hearing the appeal or revision shall be competent to
review such
order or decision.
(8)For purposes of this section, the l[ * * *] 2[Collector]
1
[***] shall
be deemed to, be the successor of every such
Revenue officer in
the district as may not be present within the limits of
the district
or who has ceased to have powers in the Revenue
Department:
Provided that his successor has not been appointed.
(9)Orders passed in review shall on no account be
reviewed.
CASE LAW
Sections 166 and 166-B - Review - No fraud or mis-
representation - No subsequent discovery of important
material or evidence. Power of review sought to be
exercised by the Government is neither just nor
reasonable but influenced by other consideration. Every
thing was not fair with the authorities -It deserves
discouragement. M/s. Yamunanagar Co-operative House
Building Society vs. Government of A.P.; 1997 (4)ALT317
(D.B.) (1995 (3) ALT 330 and 1995 (2) ALT 381 - followed).
G.O. issued by Government in 1984 was confirmed by
High Court in a writ petition — Government issuing
another G.O. in 1992 in modification of G.O. of 1984 in
exercise of its revisional power under Sec. 166 is without
jurisdiction. M/s. Muthyafrao Co-operative Housing
Society Ltd. vs. GovemmentoJA.P., 1995(2) ALT381
(1997(4) ALT317-followed).
Power of Review of Government- G.O.Ms. No.1699,
Revenue (Q) Dept., dated 17-11-1984 modified by G.O.
Ms. No. 1049, Revenue (ASN-III) Dept., dt. 15-10-1992 —
Possession of thirty acres of land handed over by Social
Welfare Department to petitioner Housing Society in
19/4 for allotment of plots to its members — Plots were
allotted by Society to 265 members — Constructions
put up by members — When Government Officials
attempted to demolish the constructions,
representations made to Government by Society for
regularising allotment of plots in favour of its members
— 4th respondent Association also made representations
— On considering both representations, 1984 G.O. was
issued to regularise house site plots allotted to members
of petitioner society — When many members completed
constructions investing huge amounts, upsetting of
G.O. of 1984 by impugned G.O. of 1992 would cause
great hardship and loss to members of petitioner-
Society — Impugned G.O. of 1992 is unjust and arbitrary
— Applying of eligibility rule of 1991 to members of
petitioner Society long after allotment of plots —
Unreasonable — Impugned G.O. quashed. M/s.
Muthyalrao Co-operative Housing Society Ltd. vs.
Government ofA.P.; 1995 (2) ALT 381 (1997 (4) ALT 317 -
followed).
---
---
Review - Authority who passed the order cannot
review its own order beyond the prescribed period of
limitation. Such an order either can be set aside or can
be modified only by higher authority. Government issuing
a G.O. modifying earlier G.O. in exercise of its power of
review beyond period of limitation - Not legal. M/s.
Muthyalrao Co-op. Housing Society Ltd. vs. Government
qfA.P.; 1995 (2) ALT381 (1997 (4) ALT 317 - followed).
Review - Petitioner Society filed a suit for injunction
against 4th respondent Association and obtained interim
injunction. High Court in earlier writ petition held that
reasons given in earlier G.O. of 1984 are substantially
correct and that parties could agitate their rights in the
pending suit. Petitioner Society later withdrew the suit.
4th respondent approached Government to review its
earlier G.O. of 1984 without objecting withdrawal of suit,
nor filing its own suit for declaration of its rights. When
High Court upheld earlier G.O. of 1984, passing of G.O. of
1992 by Government modifying earlier G.O. in exercise of
its power of review is without jurisdiction. M/s. Muthyalrao
Co-op. Housing Society Ltd. vs. Government ofA.P.. 1995
(2) ALT381 (1997 (4) ALT 317 - followed).
Review — Petitioner-Society never made
representations to Government to review 1984 G.O. — It
made representations to Government only to issue
directions to District Collector to comply with 1984 G.O.
— Passing of G.O. of 1992 only on representations of 4th
respondent-Association made nearly 6 to 8 years after
1984 G.O. is not only barred by time but also an unjust
order. M/s. Muthyalrao Co-operative Housing Society Ltd.
vs. Government ofA.P., 1995 (2) ALT 381.
Word 'ryot' used in sub-sec.(6) of Sec. 166 meant the
person liable to pay land Revenue to State. It does not
mean agricultural ryots only. Section 166(6) applies to
all cases of review affecting rights of parties relating to
not only agricultural lands but also house plots. M/s.
Muthyalrao Co-op. Housing Society Ltd. vs. Gout. ofA.P.,
1995 (2) ALT 381.
Sections 166 (1) and 166 (6) - Power of review of
Government - Wherever review affects mutual rights of
parties, review has to be done only on an application
made by a party to original order within ninety days
from the date of order under Sec. 166(6). G.O.Ms. No.
1699, Rev. (Q) Dept, dated 17-11-1984 passed
considering representations of Petitioner Society and 4th
Respondent Association. G.O.Ms. No. 1049, Revenue
(ASN-III) Dept., dated 15-10-1992 passed by Government
in exercise of its power of review, on representations
made by 4th Respondent after 6 to 8 years of 1984
G.O., i.e., beyond ninety days from date of order -
Barred by time. M/s. Muthyalrao Co-op.Housing Society
Ltd. vs. Government of A.P., 1995 (2) ALT381 (1997 (4)
ALT 317-followed).
Sections 166(1) and 166-A and Limitation Act, 1963,
Art. 124 - Suo motu review -Period of limitation. Even suo
motu power of review cannot be exercised at any time. It
shall be done only within 30 days from date of order
under Section 166-A of Land Revenue Act read with
Article 124 of Limitation Act. M/s. Muthyairao Co-operative
Housing Society Ltd. vs. Govt. ofA.P., 1995 (2) ALT 381.
166-A. Application of Limitation Act:—
The provisions of the 1[Indian Limitation Act, 1908
(Central Act 9 of 1908)] shall as far as possible, apply to
every memorandum of appeal and application for
review under this Act.
Revision
166-B. Revision:—
(1) 2[Subject to the provisions of 3[the Andhra Pradesh
(Telangana Area) Board of Revenue Regulation,
1358 F], the Government] or any Revenue officer
not lower in rank to a 4[Collector] the
5
[Settlement
---
---
Commissioner] of Land Records may call for the
record of a case or proceedings from a
subordinate department and inspect it in order
to satisfy himself that the order or decision
passed or the proceedings taken is regular,
legal and proper and may make suitable order
in that behalf;
Provided that no order or decision affecting the
rights of the ryot shall be modified or annulled unless
the concerned parties are summoned and heard.
(2) Every Revenue Officer lower in rank to a 1
[Collector] or 2[Settlement
Commissioner] may call for the records of a case
or proceedings for
a subordinate department and satisfy himself
that the order or
decision passed or the proceedings taken is
regular, legal and
proper and if, in his opinion, any order or
decision or, proceedings
should be modified or annulled, he shall put up
the file of the case
£ with his opinion to the 1[Collector] or 2[Settlement
Commissioner]
as the case maybe. Thereupon the 3[* * *] '[Collector] or 2 [Settlement
/ Commissioner] may pass suitable order under
the provisions of
I sub-section (1).
(3) The original order or decision or an authentic
copy of the original
*• order or decision sought to be revised shall be filed
along with every
application for revision.
CASE LAW
Orders passed by the Commissioner of Survey, Settlements and Land
Records, A.P.
7
Hyderabad (2nd respondent) directing the implementation
of Assal Sethwar is a proceeding
taken within the meaning of Sec. 166-B of the Act.
MirzaMufcoram.Ali.Baig us. Gout, of A.P.. 2001 (2) ALT 16.
Section 166-B and Constitution of India, Art.226.
Order of the Revisional Authority i.e., Government
challenged on various grounds. Every order or decision
passed in a case and the proceedings taken by a
Subordinate Officer is susceptible to the revisional
jurisdiction of the Government or the Specified
Authority under Sec. 166-B of the Act. Mirza Mufcaram
Ali Baig us. Government of A.P., 2001 (2) ALT 16.
The order or decision in a case including the
proceeding on the file of a subordinate to the
Government could be revised by the Government in
exercise of its revisional jurisdiction - Explained. Mirza
Mufcaram Alt Baig vs. Government of A.P., 2001 (2) ALT
16.
The validity of the order passed by the statutory
authority (i.e., appellate or revisional authority) must be
judged by the reasons recorded therein and cannot be
construed in the light of subsequent explanation by the
authority concerned or by filing an affidavit. The
revisional authority is required to apply its independent
mind to the facts and issues that arise for consideration
and decide the same in accordance with law. Mirza
Mufcaram Alt Baig vs. Government of A.P., 2001 (2) ALT
16.
Section 166-B (2) and A.P. Non-Agricultural Lands
Assessment Act, 1963, (NALA), Sees. 5 and 6. NALA was
enacted for levy of assessment on lands used for non-
agricultural lands. It is a self-contained Code. Land
Revenue Act was enacted to amend and consolidate
orders and Regulations relatingto land revenue. Under
Sec.6 of NALA, RDO has revisional jurisdiction on the
orders passed by the appellate authority. Such a
revisional order when attained finality cannot be
reopened by the Joint Collector by exercising his
revisional powers u/s. 166-B (2) of the Land Revenue Act.
The order of Joint Collector is a nullity -Cannot be
sustained. Voltas Ltd. vs. Joint Collector, Medak, 2001 (2)
ALT 269.
Section 166-
BandA.P.RightsinLandandPattadarPassBooksAct, 1971-
Cancellation of assignment - First petitioner playing fraud
in collusion with officials of local administration and
obtaining assignment in his favour and in favour of three
of his close kith and kin of
---
1.Subs. for the word Taluqdar" by the A.P.A.O., 1957.
2.Subs. for the words "Nizam PaimaishBandobast, Nazim
land Records (Commissioner
of Survey Settlement, Commissioner of Land Records)"
by ibid.
3.Omitted by Act III of lb55-F
---
Acs. 5-00 of land to each who are non-locals and are not
landless poor persons and do not belong to weaker
sections of the Society for whom only assignment of
Government land is intended. Subsequently, he
managed to obtain reassignment of the very same land
to two freedom fighters without cancelling the earlier
assignment and got the sale of those lands from them
in favour of petitioners 2 and 3. Entire transaction of
assignment to different individuals is confined only to
paper which is nothing but a sham and nominal one.
Those persons were never in possession of the land
assigned to them. First petitioner only continued and
enjoyed the entire Acs.20-00 of land himself. None of the
assignees other than 1st petitioner offered explanation
to the show-cause notice issued for cancellation of
assignment. Cancellation of assignment by Joint
Collector rejecting the explanation of 1st petitioner. Not
illegal in the circumstances of the case. Right and title of
Government not affected by transaction of sale when
once assignment is cancelled. Petitioners not entitled to
copy of preliminary report of enquiry held preceding
show-cause notice. District Collector directed to enquire
and initiate action against erring officers who colluded
with petitioners facilitating appropriation of
Government land by petitioners. Gadiraju Narayana
Raju. vs. Joint Collector, Khammam, 2001 (4) ALT 767.
Principles of natural justice - Assignment of land -
Revisional power of Collector to cancel assignment. If
one officer hears a party and if another officer decides
the issue and passes an order, it amounts to violation of
principles of natural justice. Show-cause notice issued
and assignee heard by one Joint Collector but order of
cancellation passed by another Joint Collector. Order
liable to be set aside as violative of principles of natural
justice.Laxminarayana us. Jt Collector, Khammam 1998 (2)
ALT258= 1998 ALT (Rev.) 316.
Revision - Land assigned in 1984 to petitioners as
Scheduled Tribes — Show-cause notice for cancellation
of assignment issued in 1994 - No allegation made in
show-cause notice that assignment was obtained by
playing fraud or misrepresentation — In the absence of
such averment, exercising of revisional power of
cancellation of assignments after a period often years.
Unjust and unreasonable - Petitioners spent sufficient
money for improving the land and constructing tiles
factory. Impugned order of cancellation set aside and
directions given to issue title deeds to petitioners.
Loxminarayana us. Joint Collector, Khammam, 1998 (2)
ALT 258 = 1998 ALT (Rev.) 316.
Powers of revision of Collector delegated to District
Revenue Officer — Once D.R.O. exercises power of
revision as delegated authority, Collector in exercise of
his supervisory powers over subordinates cannot revise
order of delegated authority exercising his revisional
powers — General supervisory powers do not extend to
statutory orders of subordinates. Gudepu Sailoo vs.
Government ofA.P., 1997 (5) ALT 598.
Revision by Government — Resumption of assigned
lands — District Revenue Officer to whom powers of
revision of Collector were delegated passing an order that
lands cannot be resumed — Collector suspending the
said order — Government in suo motu revision ratified
suspension order of Collector and remanded the matter
to Collector to make an enquiry and pass final order —
Such an order of Government held to be irregular as it
amounts to delegating its power to Collector whose
power itself was earlier delegated to District Revenue
Officer. Gudepu Sailoo us. Gouernment o/A.P., 1997 (5)
ALT 598.
Revisional power of Government — Resumption of
assigned lands by Government for alleged irregularities
34 years after assignment — Unreasonable and
arbitrary — Even though no period of limitation is
prescribed for exercising revisional power, such power
be exercised within reasonable time — Period of
limitation may be 90 days as in the case of appeal and at
the most it should not exceed one year. Gudepu Sailoo
us. Government o/A.P., 1997 (5) ALT598 (AIR 1969 SC
1297 and AIR 1983 SC 1239 - followed).
Amendment by Act No. 27 of 1990 — Introduction of
new Section 166(C) — Came into force with Effect from
27-12-1990 — Confers powers on the State Government
to review, either suo motu or on application, its earlier
order " passed under any mistake, whether of fact or of
law or in ignorance of any material fact".
G.O.Ms.No.172/- dt. 1-12-1989 — The State Government,
on consideration of the petitioner's case directed under
the aforesaid G.O. the mutation of petitioner's name in
the revenue Records — which order the Government
sought to review under the new Sec. 166-(C). (1)
Petitioner's contention that having ordered mutation of
Petitioner's name in the Revenue records, it is not
competent for the Government to review its order under
the new Section 166 (C) — Constitutional validity of
Section 166-C questioned. K. Narayana Rao vs. Principal
Secretary, Revenue Dept, Hyderabad; 1997 (2) An.W.R.
557.
Assignment of Government land - Revisional power of
Collector under Sec. 166-B of the Act be exercised within
a reasonable period having regard to the facts and
circumstances
of each case. Exercise of that power by cancelling
assignments of lands made several years prior thereto
and when third parties' interests are involved having
acquired rights and interests in the lands and when
pucca buildings were constructed therein investing huge
sums of money in the mean time - IIIegal, unreasonable
and oppresive. Smt. P. Mangamma vs. women's Co-op.
Housing Society Ltd. 1995 (3) ALT330 (DB) (1997 (4) ALT
317-followed). Assignment of Government poramboke
land to certain persons by Tahsildar in 1953 under the
Laoni Rules, 1950 - Possession given to assignees and
assignees selling those parcels of land to a Society. Lay
out plan submitted by Society approved by Municipality
- Plots allotted to its members. Some of the allottees
selling those plots to third parties,
Houses constructed by some allottees and other
purchasers. Certificate of possession
issued by Tahsildar showing that the said certificate was
issued under Orders of Collector.
Cancellation of the said assignment of lands made by
Tahsildar by Collector in exercise
of his revisional powers under Section 163-B on the
premise that assignment was made
without seeking approval of Collector, thirty one years
after assignment and after
construction of pucca buildings investing huge sums of
money by third parties. Irrational,
unreasonable and violative of fair play in administrative
action. Impugned orders of
cancellation of assignment - Quashed. Observation
made that if authorities interfere with the possession
and enjoyment of the owners of those parcels of land
they may approach competent Civil Courts for orders of
injunction. Smt P. Mangamma vs. Women's Co-op.
Housing Society Ltd., 1995 (3) ALT330 (D.B.) (1997 (4)
ALT 317-followed).
CHAPTER
XII
Miscellan
eous
---
---
and which is incapable of sub-division or further
sub-division according to Section 79, shall be
made over to one of the sharers; provided that
such sharer pays to the other sharers the
consideration for their shares or they shall be sold
or auctioned and the proceeds divided among all
the sharers or disposed of as the 1 [Collector]
thinks fit.
(3) The expenses properly incurred in making such
partition shall be recoverable as an arrear of land
revenue in such proportions as the l [Collector]
thinks fit from all the shares or from the persons
at whose request partition is made or form the
persons interested in such portion.
2
[169, 170, 171]
172. Power to make rules:—
(1)The Government may, by notification published
in the 3[Official
Gazette], make rules not inconsistent with the
provisions of this
Act, the carry out the purposes and objects of this
Act and for the
guidance of all persons in the matters
connected with the
enforcement of this Act or in matters not expressly
provided for
in the Act.
(2)In particular, and without prejudice to the
generality of the
foregoing power, rules may be made with regard to
the following
matters:
4
[* * *]
(a)the appointment of Revenue officers and the
exercise of their
powers and their duties;
(b)where the appointment of the officials is
subject to furnishing
security, the manner in which security shall be
taken from
them and the nature and the amount of such
security;
(c) 5[***]
(d) 6 [***]
(e) the assess me nt of la nd rev en ue an d
the a lteration and revision of such
assessment and the recovery of land
revenue;
(f) the disposal of attached land;
7
[(f-1) to prescribe the manner of publication of the
notification and of the service of the notice
referred to in sub-section (3) of Section 46-A;]
(g) the maximum amount of fine leviable
under Section 57;
(h) the purpose for which land assessed for land
revenue may or may not be used and to
grant permission to use agricultural land for
non-agricultural purposes;
---
---
(i) issuing of notice in the matter of enhancement of rent and
eviction from land by the holder to the Asami or by the
Asami to the holder under Section 71;
(j) prescribing the area of a number under Section 79 and
the records, registers, accounts and maps to be
maintained for the purposes of this Act and the manner
and forms in which they shall be prepared and
maintained;
(k) the interest or penalty chargeable if land revenue is not
paid in time;
(1) regulating the conduct of survey and settlement and land
revenue and prescribing the notice to be issued under
Section 84 before the introduction of settlement;
1
[(m) * * *]
1[(n) * * *]
---
1. Clauses (m) and (n) were omitted by the A.P.A.O. 1957.
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The upcoming SEZ in and around Hyderabad (5 IT-ITES SEZs, covering appx. 60
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primary areas like Madhapur and Gachibowli a vertical development in form of
skyscrapers in expected.
Apart from the developments in HITECH city and surroundings there are many other
factors that will make Hyderabad a truly global city. The SEZs in the areas in and
around Shamshabad and along the the new outer ring road are going to attract
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The state government has been the major factor to propel IT-ITES development in
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Quote:
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regulatory environment, proactive IT and Business friendly State Government have
been the key strengths for IT-ITES development.
The upcoming SEZ in and around Hyderabad (5 IT-ITES SEZs, covering appx. 60
hectares) are expected to bring in a mega supply in the future. IT/ITES companies
are expected to favour peripheral locations such as Madhapur and Gachibowli.
Scope for continuous expansion in these areas with development taking place in a
phased manner office space will be continuously made available for the
next 6-8 years, facilitating companies to expand. With hardly any land available
in the primary areas like Madhapur and Gachibowli a vertical development in form
of skyscrapers in expected.
Apart from the developments in HITECH city and surroundings there are many
other factors that will make Hyderabad a truly global city. The SEZs in the areas in
and around Shamshabad and along the the new outer ring road are going to
attract investments to the tune of around USD 16 Billion in the next 5-10
years.
The state government has been the major factor to propel IT-ITES development in
the state, With its host of tax incentives and great policies. With single window
clearance - dedicated STPI cell for accelerated software exports and streamlined
hardware imports.
http://chestertonmeghraj.com/downloa...20Snapshot.pdf
Very interesting info.
Thanks for the link @Goram_vlad.
Office Space IT == 33.80 ===== 15.99 ==== 50.35 === 45.76 === 14.43
=== 23.27
Office Space ITES = 13.52 ==== 11.99 ==== 40.28 === 36.61 === 11.54
==== 17.45
Quote:
Interesting to see Hyd comes only 6th in terms of commercial space availability
why?
there was an article about hyd which said that about 30-40 million sqft of space were
being constructed in the city........
http://chestertonmeghraj.com/downloa...20Snapshot.pdf
The major investments in Hyderabad are only concentrated in IT/ITES sector.
Why no investments in the manufacturing sector coming to Hyderabad? is it due to
lack or non availibility of skilled work force In this sector in Hyderabad?
ranga March 30th, 2007 08:40 AM
Quote:
Quote:
HUDA to refund 400 cr. to Kokapet bidders
Undertaking sought from bidders to avoid repeat auction, says Jayesh Ranjan
Fallout of title deed dispute still pending in High Court
Golden Mile project invites fierce competitive bidding
HYDERABAD: HUDA has decided to refund Rs. 400 crores paid by bidders for the
Golden Mile project at Kokapet of Rajendranagar mandal with the title deed dispute
still pending in the High Court.
The Kokapet auctions taken up in last July by HUDA drew wide attention as several
bidders from within and outside the State vied with one another to bag plots in the
strategically located Golden Mile. The fiercely competitive bidding for 15 plots in
the range of two to six acres totalling 70 acres resulted in HUDA netting Rs.702
crores. The plots were bid for Rs.10 crores per acre on an average while the
highest price was Rs.14.5 crores per acre.
Even as bidders paid Rs.400 crores as per the stipulated payment schedule, the
court ordered a stay following a writ petition disputing the title deed of the land.
The petitioner challenged that the Golden Mile area was part of land purchased by
their ancestors during Nizam's time.
However, HUDA exuded confidence that the case would be solved soon as
the land, as recorded in revenue records, belonged to the Government and
waited for the court's clearance to launch infrastructure development work. But
weeks turned into months with no progress in the case. In the meantime, bidders
became restive and urged HUDA to refund the money. They even made a
representation to Chief Minister Y.S. Rajasekhara Reddy who promised that the
money would be refunded if there was no verdict by February-end. Hence, HUDA
decided to refund the money in April in one lot to bidders.
Quote:
Cyberabad Times
Quote:
What you see is NOT what you get
It's all about dreams. Dream location, dream plot, dream home and dream
amenities. Every brochure and every publicity material that real estate promoters
hand you out, come laced with oodles of dreams. Pay the advance and run around
to arrange the rest. At the end, do you really get what has been promised initially?
Not much different are the complaints of some apartment owners. No shelves, no
car park, no lift installed, no woodwork attended to, no kitchen platforms and a
whole lot of things left just like that.
Is the location as picturesque as it was promised? Is there a lush green cover
swaying to the breeze? Does tranquillity really reign as was assured or there are
chaos enveloping from all around?
The property boom and the endeavour to catch the attention of prospective buyers
has resulted in some developers and builders coming up with promises galore that
eventually are not met with. The cut-throat competition and their eagerness to sell
one venture at the earliest and then rush to another has in a way ended up in
flooding the market with projects that are hyped beyond reasonable limits.
Take the case of R.S. Banerjee who had shifted to the city with family and a little
savings from West Bengal. Taken in by the real estate euphoria sweeping the
middle class, he too got enticed with publicity material on two ventures which sold
plots 'very close to the airport' coming up at Shamshabad. And when he went to
check personally, the 'very close' and 'in proximity' actually turned out to be nearly
17 km and 21 km from where the international airport is getting located.
Many realise that there is very little they can do when they go to occupy their
duplex houses or plots in what is sold as 'well planned layout'. There have been
instances of buyers made to take possession of their 'dream dwellings' in a venture
where there are no proper roads, no street lights, no electricity and not even a
regular water supply. Forget avenue plantations, swimming pools, gymnasiums and
children's tot lots!
Not much different are the complaints of some apartment owners. No shelves, no
car park, no lift installed, no woodwork attended to, no kitchen platforms and a
whole lot of things left just like that. "The builder asked me to take possession and
promised to get the tiles fixed in the bath and a cooking platform built in the
kitchen. It has been more than a year and after futile calls, I spent another
Rs.70,000 to get these installed," says Rajeswar Rao, a flat owner at
Vivekanandanagar.
Builders who are seriously into the business and look for a longer run themselves
admit that their industry has been infiltrated by some fly-by-night operators.
Then, there are instances of some builders misleading buyers with assurances on
having procured all valid permissions from the authorities concerned. Gullible
persons landing in trouble after heeding to seller's sweet talk and buying flats or
penthouse that are built without permission are many.
What is offered as approved layout need not be taken on face value. A visit to the
Hyderabad Urban Development Authority (HUDA) will give a clear picture. Building
permissions can be checked with local authority, fire safety norms can be taken a
close look at and if going in for a flat, then nothing wrong in networking with other
buyers while finalising the deal itself.
Babji March 31st, 2007 03:17 AM
URL: http://www.thehindu.com/2007/03/31/s...3125480300.htm
Quote:
Speaking after laying the foundation stone for Musheerabad-2 bus depot on Friday,
he said the wing would comprise 49 Assistant Motor Vehicle Inspectors.
Musheerabad -2 depot is one among the eight new bus depots proposed at
Hayathnagar, Shamirpet, Bandlaguda, Borabanda, Turkayamjal,
Shamshabad and an exclusive Volvo depot near Gowliguda.
More depots spread over the city means less idle miles and more fuel efficiency.
APSRTC is aiming for more feeder services with shorter plying distances.
HYDERABAD: The State Government has submitted proposals worth Rs 1,770 crore
to the Centre for taking up various developmental works in the Old City under the
Jawaharlal Nehru National Urban Renewal Mission (JNNURM).
He said that works worth Rs 325.76 crore have already been sanctioned under
JNNURM and another Rs 120.92 crore for works under other schemes.
Wow! The new old city would be like history repeating!
also, there are a lot of IT parks currently under construction. i personally know
relatives working in the IT industry and they are saying major players like Infosys,
Wipro, Satyam, TCS are all on expansion spree in Hyd. and all these have active
plans to recruit thousands more uptil 2010 and later as per their expansion
strategies. and coming to IT parks by real-estate majors, i don't have any first-hand
evidence but a lot of news reports recently have shown that many are currently
under execution.
Quote:
Padmalaya studio land taken over
HYDERABAD: The Government took over 5.5 acres out of the 9.5 acres of land
allotted to film actor G. Krishna at Jubilee Hills here to set up Padmalaya film studio
after finding prima facie that this part of the land was used for "other purposes" i.e.
sale to others.
Mr. Krishna is a former Congress MP while his brother G. Adiseshagiri Rao is serving
as chairman of the Andhra Pradesh Film, Television & Theatre Development
Corporation.
The tehsildar said the land was allotted to Pamalaya in 1983 at Rs. 8,500 per acre,
with the stipulation that he should use the land "only for development and
promotion of film industry" by setting up studio. However, 5.5 acres of land was
found to have been sold to two different parties in February 2006...