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ALIENATION
Alienation of land means grant of State land for bonafide public purposes to a
person, institution or local body either free of cost or on payment of full or concessional
market value.
Applications have to be made in the form prescribed inAppendix XXIX to B.S.O
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The provisions contained in B.S.O. 24 and the instructions issued by the
Government from time to time have to be followed.
For alienation of land within the Municipal areas the resolution of the Municipal
Council / Corporation is necessary.
Government have issued instructions on the allotment of lands to the following.
1. Municipal Councils : G.O.Ms.No. 216, Rev.Q Dept 19-2-76
2. Zilla Praza Parishads : G.O.Ms.No. 268, Rev. Q Dept. 6-3-76
3. M.P.Ps and Grampanchayats : G.O.Ms. No. 268, Rev. Q Dept. 23-2-78
G.O.Ms. No. 812, Rev. Q Dept. 23-2-78
4. Housing Board : G.O.Ms. No. 633, Rev. Q Dept 5-5-82
The lands alienated can be resumed in case of voilation of any of the conditions
of the grant.
POWERS OFALIENATION :
Competent To Local Bodies Companies, Industries, Private
Authority i.e., Gram Panchayats, Mandal A s s o c i a t i o n s
Corporations and
Parishads, ZPs, Municipalities, Individuals
Municipal Corporations
1. Collector Market Value Rs. 25000 or 1. For individuals Market Value
upto Ac 0.50 Cents or 0.20 guntas upto Rs.
10,000/- and upto
whichever is less. Acs 0-25 Cents orAc 0.20 guntas
whichever
(G.O.Ms. No. 635 Rev.Dt. 2-7-1990) is less.
(G.O.Ms.No. 635 Dt. 2-7-1990)
2. For Industrial use
Ac. 2-00 (Two acres) or Market
values Rs. 2 lakhs (G.O.Ms.
No. 252 Dt. 9-4-98)
2. C.C.L.A. Market Value beyond Rs. Ten lakhs 1. For individuals
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Market Value of
(Chief Commissioner or aboveAc. 10.00 whichever is less
Rs. 5.00 lakhs and uptoAc. 5.00
LandAdministration) (G.O.Ms. No. 635 Rev.Dt. 2-7-1990)
whichever is less.
2. Industrial purpose
Rs. 10 lakhs and up to AC 10.00
(G.O.Ms. No. 252 Dt. 9-4-98)ßßß
3. Government : All other cases
(G.O.Ms. No. 635 Revenue (Assignment. III) Department dt. 2-7-1990)
The Collector and the Chief Commissioner, LandAdministration are empowered
to permit to enter the land.
No land shall be alienated to any person without the orders of the Government
irrespective of its value. Proposals for grant of land to individuals for services rendered
to the State, or to be performed to the community, shall be submitted to Government.
Patta lands can be acquired on payment of compensation under the provisions
of L.A. Act for educational or other bonafide public purposes. After acquisition,
such land shall be alienated to the Requisitioning institution /Association concerned
through an order under B.S.O. 24 para 6(ii).
The Government have instructed that except lands forAgricultural purposes all
other cases should be referred to Government.
Procedure for Alienation of State Land :
On receipt of application for alienation of land, the land should be identified and if
it is free from encroachments and if it is not proposed for other purposes previously
:- A-1 notice calling for objections within 15 days should be published in the village
and also served on the Local Body concerned. Objections received, if any, shall be
disposed off on merits. If the land applied for belongs to any department other than
the Revenue Department, it should be got handed over to the Revenue Department
first before alienating the land. If it is within a belt of one mile to the town-ship,
Heads of Departments and Housing Board are to be consulted.
The following records duly attested by MRO are to be enclosed to the alienation
proposals :
i) Application in prescribed form (BSO 24Appendix XXIX)
ii) Resolution of the local body agreeing to the alienation.
iii) Scrutinised sub division record in triplicate.
iv) Combined sketch showing the land applied for alienation and the adjoining lands.
v) Check Memo duly answered.
vi) Extract of ‘A’ register / Settlement Fair Adangal and V.A. No. 3.
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vii) Note on the valuation of the land with registration statistics and statistics from
basic valuation register.
viii)Tree valuation statement if there are standing trees.
ix) Consent statement of the applicant agreeing to pay the value of the trees and
structures on the land.
x) Permission of the Railway or Port Authorities, as the case may be, if the land is
situated within half a mile from railway line or port limits.
xi) Consent letter of the applicant to pay the cost of Acquisition, if the land applied
for was previously acquired at the expense of the Government.
xii)Application for waiver of land Revenue if the alienation is for non-remunerative
purpose (BSO.Appx XXX)
xiii) In Municipal areas the consent of the Municipal Commissioner.
xiv) Notes of Inspection
NB : (1) With regard to alienation of tank bed lands or other irrigation sources the
procedure prescribed by the CCLA should be followed. The alienation
proposal should be accompanied by check Memo.
(2) After issue of orders by competent authority, after handing over possession
of the land on collection of land value if any, the changes in the Mandal /
Village records have to be incorporated.
(3) It is also to be checked, cases of alienation done in the past were
incorporated after duly verifying the state of things on ground, and inform
the Collector.
Transfer of State Govt. Lands :
A) Under B.S.O. 22 Para 8, the Collectors are empowered to transfer Govt. lands
from one Dept. to another subject to the following conditions :
1) That there are no requests for the land from another Govt. Dept. besides the
one to which it is proposed to be transferred;
2) That the land is not transferred to a Commercial Govt. Dept.,
3) That only vacant land is involved
4) That in every case, where the land is taken away from the Control of one
Dept. to another, the consent of the Head of the Dept. concerned is obtained
before the transfer is effected; and
5) That the competent authority, viz., the Collector ensure that the purpose for
which the land is transferred is fulfilled in a reasonable time otherwise the
orders of the transfer should be revoked and the land can be resumed by the
Rev. Dept.
B) Under B.S.O. 23 para 1, the Collectors are empowered to transfer State Govt.
lands to Railways and other Central Govt. Depts. for bonafide purpose upto value
of Rs. 25,000/- or upto Ac. 0-50 cts. whichever is less (G.O.Ms.No. 635, Rev.
Asn. Dept., Dt. 2-7-90) on permanent basis on payment of M.V.
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ASSIGNMENT
Assignment of Govt. land means grant of land at the disposal of Government
to individuals / Institutions and firms either on payment of value or free of cost.
B.S.O. 15 contains the basic rules and regulations. Govt. lands which are
classified as Assessed and unassessed waste lands which are prima facie
unobjectionable for assignment and porambokes which are prima facie
unobjectionable can be assigned after duly following the prescribed procedure.
The following categories of lands are prohibited from assignment.
1. Tank beds, foreshore of tank beds, cattle stand, burial grounds,
grazing grounds, lands reserved for depressed classes or for any public
purpose.
2. Watercourse porambokes, lands in the vicinity of reserved forests, lands
containing topes or valuable trees, lands within cantonment limits, lands
reserved u/s 26 of Forest Act, lands within Port limits, lands in the vicinity of
Railway Stations,Aerodromes or landing grounds, lands containing minerals,
quarries etc., lands within the flood banks of rivers padugais.
3. Govt. lands in towns, municipalities, Dist.Hqrs. And within periphery of one
mile (G.O.Ms.No. 1122, Rev.29-6-61, read with G.O.MMs.No.1409, Rev. dt.(19-
8-78).
4. Assignment / alienation of tank bed lands should not be done without prior
permission of CCLA / Government.
5. Assignment / Alienation of Govt. lands free of cost to State undertakings /
public institution, coop institutions market committees is prohibited vide
G.O.Ms.No.700, Rev 20-6-86.
Lifting of Ban :
1. The ban on assignment of Govt. lands at mandal headquarters within 2 Kms
from their periphery is lifted (G.O.Ms.No.634 dt.2-7-90.)
2. The ban on assignment of Govt. lands, within 5 Kms from High Water mark is
lifted (G.O.Ms.No.625). dt.(29-6-90)
3. The exiting concession of granting land free of cost to Gram Panchayats,
M.P.Ps and Municipalities will be continued.
Competence :
The authority competent to assign the lands is the Mandal Revenue Officer
upto 2.5 acres of wet land or Ac.5.00 of dry land to land less poor persons.All other
cases should be referred to the appropriate authority for orders, basing on the value
of the land.
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Land less poor :
The Govt. have recently issued orders defining the land less poor person as
follows :
Landless poor person is one who does not own or has share in ancestral or
acquired land in excess of Ac.2.50 of wet land or 5.00 of dry land and also person
engages in agrl. Operations having a total income of less than Rs.6,000/- per annum
including the income of all family members. The term family members does not
include Married son for the purpose of assignment though they may be staying at
parental abode under the same roof. [G.O.Ms.1019, Rev..(Asn.l) Dept. Dt. 5-10-94]
In addition the following persons are eligible.
1. Ex.Toddy tappers.
2. Backward communities/Weavers
3. Jawans discharged on compassionate/Medical grounds after 5 years of
service.
4. Serving soldiers
5. Coop. Societies consisting of landless poor persons
6. Political sufferers.
Political sufferers
Persons who have participated in one of the 8 freedom movements organised
by the Indian national Congress remained underground but did not suffer imprisonment
provided they were proclaimed offenders of those on whom the award of arrest was
announced but were not arrested or persons whose detention orders were issued
but not served for a period of not less than 6 months and also Martyrs be declared
as political sufferers for the purpose of assignment of Govt. lands under the scheme.
List of political sufferers was already compiled by the District Collectors. It has to
be ensured whether the applicant is registered in the list of political sufferers and if
so whether the applicant is allotted land previously before considering the request
and processing it.
Political sufferers are eligible for assignment of Govt.. Land upto Ac.5.00 of
wet or Ac. 10.00 of dry land (G.O.Ms.No. 946 Rev. Dept. Dt. 26-7-79)
Govt. in G.O.Ms. No. 185 Rev. Department dated 11.3.1997 issued the following
revised guidelines for assignment of lands to the political sufferers.
1. Agricultural land in Visakhapatnam, Hyderabad and Rangareddy district
cannot be assigned to Freedom fighters as the land in these districts is
required for Government purpose. In other districts, wherever land is available,
it will be assigned as per existing scales/rules.
2. Assignment of land for agricultural purpose shall not be considered unless
the land is available in the native village of the Freedom Fighter, where it is not
required for any public purpose and house sites.
3. Assignment of land for house sites will be made to persons (ie. individual
freedom fighters), but not to the Society of Freedom Fighters. The house site
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pattas are heritable. The Freedom Fighters are not entitled to alienate the
lands within ten years. Requests of the spouse of the freedom fighter, who
expired may be considered later. Children/legal heirs of the freedom fighters
are not eligible for allotment of house sites.
4. A maximum extent of 300 Sq. Yards may be allotted as house site to the
freedom fighters anywhere in the State. Orders Sanctioning freedom fighter’s
pension may be taken as the basis for allotment of house sites. Fresh Jail
Certificates need not be insisted upon.
5. For the purpose of allotment of house sites, the region may be taken as a
unit instead of District i.e. a freedom fighter can apply for house site in his
native region (Telangana,Andra or Rayalaseema).
6. Transfer of names of freedom fighters from their respective districts to districts
like Visakhapatnam Rangareeddy and other urban areas shall be banned.
Amendment to B.S.O 15-10-2.
Among landless poor applicants preference shall be given to landless persons.
As between Sivaijamadar and non-sivaijamadar a sivaijamadar local resident
agricultural labourer who is dependant on agriculture only and who owns no land at
all except the land under occupation shall be given preference. The land holding of
the existing sivaijamadars shall be given preference. The Land holding of the existing
sivaijamadars who are in possession of Ac.2.50 of wet or Ac.5.00 of dry including
the land owned by the family can be regularised and sivaijamadars who are in
occupation of the land over and above the limits should be evicted and the land
assigned to landless poor persons.
Wet: Agrl lands which are under projects and which receive water from Govt. irrigation
source for a period of not less than 5 months in a fasli year shall be treated as
“Wet”. All other lands shall be treated as dry.
Amendment to B.S.O 15 para - 1.
The M.R.O is competent to assign lands to landless poor applicants subject
to the limit specified in B.S.O 15-2-11.
Amendment to B.S.O 15-10-1.
Eligible landless poor persons within the Mandal limits can be considered.
The requirement of residence of the applicant in the village where lands assigned
are located need not necessarily be taken as a sole requisite for determining eligibility.
Among the eligible land less preference to landless poor of adjoining villages and
third to the land less poor persons within the Rev. Mandal.
Assignment - Procedure
1. Application on plain paper can be accepted and entered in Dharakhast register.
2. The land applied for should be verified whether it is prima facie available &
eligible.
3. A. 1 notice should be published.
4. After the publication, A. Memorandum should be prepared by the M.R.I. and
sent in duplicate with A.I notice. and a sketch.
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5. The resolution of Gram panchayat should be obtained.
6. In case of poramboke land ayan conversion proposals have to be sent to
R.D.O. Concerned.
7. In case of trees and structures on the ground, notice in Form C.I for recovery
of value of trees/structures shall be served on the applicant.
Lands assigned are subject to the conditions laid down by the Govt. and as
prescribed in B.S.O. The land assigned is heritable but not alienable.
The assignment is liable for cancellation on violation of conditions.
Appeals :
From every original decision of assignment of the M.R.O., appeal is allowed
within 30 days to the Divisional Officer and Collector respectively and within 40 days
from the date of decision of the Collector to the CCLA.
A revision to the Collector against the orders of R.D.O in appeal is also allowed.
All appeals should be stamped with court fee label of Rs.5/-.
House sites :
1. Procedure laid down in B.S.O.21 has to be followed;
2. All applications should be entered in Village Registers and Mandal registers
in the form prescribed inAppendix XVI and XXI respectively;
3. Notice of 15 days in Form XV to be published by Village Secretary
4. Report in Appendix XVI in duplicate with the published copy of notice to
M.R.O. by Village Secretary
5. The M.R.O. should send a copy of Village Secretary report to local body for
its opinion within 2 months and objections raised by it should be considered;
and
6. If the application is allowed by the M.R.O. he has to issue an order inAppendix
XIXorXXorXXIV.Theseordersshouldberegisteredintheprescribedregisters.
(B..S.O. 24, B.S.O. 15 (15 to 20)
Selection of Beneficiaries :
Openly in Grama Sabha, Layout and list of Beneficiaries should be approved
by R.D.O.
Grant of house site pattas to eligible encroachers in unobjectionable areas in
Municipalities and Towns is governed by G.O.Ms.No.361 Rev (L) Dept. Dt.15-4-89
as amended in G.O.Ms.No.641 Rev. (Assignments-II) Dept. dt.3-7-90.
The norms prescribed are:
1. Period of occupation of atleast 5 years;
2. Pattas will be given in the name of Women;
3. Owners of houses who let out to Tenants are not eligible but in such cases
only tenants in occupation should be the beneficiaries;
4. Encroachers who own another dwelling unit or site elsewhere are not eligible;
5. Area of limit for assignment free of cost shall be 50 Sq yards. Relaxable upto
140 Sq Yards in specific cases for specific reasons;
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6. Area in excess of 140 Sq Yards should be regularised on payment of Market
Value and Development charges where eviction is not feasible;
7. Occupiers of residential huts only in objectionable areas, are eligible for
alternative accommodation.
The provisions of Act IX of 1977 (The A.P. Assigned Lands (Prohibition of
Transfer) Act shall apply to the grants of house sites, in view of the amendment
issued to B.S.O.21 for the existing condition(9) in form ofAssignment of House Site
Patta to the effect that the assignment of land for House Site Patta is heritable but
not alienable.
Assignment Review Committee :
Reconstitution ofAssignment Review Committee as per G.O. Ms. No. 146 Revenue
(L. Ref) Department, dated 05-02-1996 read with G.O.Ms. No. 16 Revenue (L. Ref.
I) Department dated 17-012005 and G.O.Ms. No. 98, Revenue (L. Ref. I) Department
dated 17-01-2005.
1. MLA of the constituency Chairman
2. Revenue Divisional Officer/Sub-Collector/Asst. Collector Member
3. Three social workers of the Assembly constituency
a) One from SC/ST
b) One from BC/Minorities
c) One from other category
(one among them shall be women) Member
4. Respective Mandal President, ZPTC, Municipal Chairperson Member
(they will be invited if lands of that Municipality are involved)
5. One representative each from the re-cognized National/State
Political Parties who contested in the last General Elections in that
Constituency and who has secured not less than 10% votes
Polled. Member
6. Mandal Revenue Officer whose jurisdiction comprises the areas
included in the constituency for their respective areas of
assignment of land. Member-Secretary
The Chairman, DDRC will nominate the three members at item No. 3 above. The
duties and functions etc., of the above committee shall be as annexed to GO.
CREATION OF LAND BANK
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Provision of Shelter in Urban and Semi UrbanAreas - Effective management
of Land Resource - Creation of Land Bank - Orders - Issued.
REVENUE (ASSIGNMENT-I) DEPARTMENT
G.O.Ms. No. 242 Dated : 28-02-2005
O R D E R :
The Government have identified that there is an urgent need for prudent
management of the land resource located in urban and semi urban areas. With the
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growing urbanization, the demand for land for housing need has become accentuated
and many private persons are engaged in land development. They resorted to tactics
for artificial escalation of the prices of the land and thereby owning a plot for housing
is becoming increasingly difficult for the employees, middle class citizens and poor.
It is also found that some unscrupulous elements have grabbed the Government
land or selling the Government lands with false documents, thereby duping the
public.
2. Providing shelter is amongst the top priorities of the Government. There are
well defined schemes for providing housing for the poor. In so far as meeting the
requirement of the other deserving sections of the society, there is no fixed policy
and mechanism for alienation of land to such sections and allotment was done
case by case, for the land identified. Therefore, Government have decided to have a
comprehensive policy of meeting housing requirement of targeted sections of society
by creation of land bank and accordingly order the following:
The Land Bank shall be a land resource pooled for allotment to various
Housing Co-operative Societies and other target groups. The following categories of
land constitute the source for Land Bank :-
(a) Government land fit for housing / institution, located in and around 120
municipalities, with clear title. The land has to be within 25 K.Ms.
radius for “A” Category, 15 K.Ms. for “B” category and 10 K.Ms. for “C”
category Municipalities.
(b) Government land available with Departments which is not being put to
effective use such as Horticulture, Sericulture, Agriculture, Animal
Husbandry, Roads, and Buildings, Tourism, Sick Industries etc. This
land has to be resumed and put in land bank.
(c) Surplus ceiling land at the disposal of the Government.
(d) Endowment Lands.
(e) Private lands acquired.
COMPILATION OF DATA :
The Revenue Department shall be responsible for collecting the details of
the large chunks of the lands available in and around Municipal Corporation areas
as well as other Municipalities, as per categories indicated above and making
available the said data to the designated agencies of the land bank in the respective
areas.
After dissemination of information, a Committee consisting of local RDO,
representatives of APHB APIIC and relevant UDA shall short list the land that is
required and suitable for housing and other institutional needs, as per the demand
for the next 20 years.
COMPETENT AUTHORITY :
The Collector and District Magistrate shall be competent authority to transfer
the Government land to the land bank and to resume the un-utilized Government
land to the Land Bank, in consultation with the concerned Departments. He shall
also be competent to acquire private land for public purpose, after arriving at the
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demand, and also in consultation with the agencies in charge of Land Bank. The
Endowment lands shall be acquired for providing house sites to employees only by
following the procedure, which is being adopted for providing house sites to weaker
sections. Each category of land shall be treated as a distinct entity till alienated to
the applicant. This is aimed to plough back the cost of land acquisition.
MANAGEMENT OF LAND BANK :
The ownership rights over the land available with the Land Bank rest with
the Government. However the agencies for overall management of the land located
in Hyderabad and Rangareddy Districts shall be HUDAandAPHB respectively and
for other districts the APHB, concerned UDA, and APIIC under the administrative
control of the concerned District Collector. These agencies are responsible to protect
and develop the lands available in the Land Bank pertaining to the area of their
jurisdiction and make it available for allotment. They shall maintain the data on land
based on classification and make available the data for the Empowered Committee
at the time of allotment of land.
EMPOWERED COMMITTEE :
The following Empowered Committee shall be vested with the powers to
decide allotment of land appointment and usage based on hierarchy of needs and
submit proposals to the Government.
1. Chief Commissioner of Land Administration ... Chairman
2. Prl. Secretary to Government, Revenue Dept. ... Member
3. Prl. Secretary to Government, Finance Dept. ... Member
4. Prl. Secretary to Government, MunicipalAdministration
& Urban Development Dept. ... Member
5. Prl. Secretary to Government, Housing Dept. ... MemberConvenor
6. Secretary (Services) to Government, G.A. Deptt. ... Member
In case the Municipal Administration & Urban Development and Housing
Departments are headed by officers senior to the Principal Secretary to Government,
Revenue Department, the Principal Secretary, Municipal Administration & Urban
Development Department can depute other Secretary of his Department, who is
junior; and the Principal Secretary, Housing Department can depute the Vice
Chairman & Managing Director, A.P. Housing Board, to be their proxy on the
Committee. The Committee can also co-opt the Commissioner of Municipal
Administration, Director of Town and Country Planning and any other officer as per
the need.
PRICING OF THE LAND :
The Empowered Committee, while, sending its recommendations for
allotment of land from Land Bank in favour of Housing Co-operative Societies /
Institutions, shall recommend the price to be fixed for the land proposed for allotment.
While arriving at the recommended price the Empowered Committee shall take into
account the acquisition cost of the land the activity of the beneficiary Institution and
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demand for the land.
3. Government shall issue separate orders on the methodology to be adopted
for selecting the Housing Societies / Institutions for allotment / alienation of land out
of Land Bank, the conditions of allotment and on the ownership rights.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OFANDHRA PRADESH)
DR. V.P. JAUHARI
SPECIAL CHIEF SECRETARYTO GOVERNMENT
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Land Bank - Allotment of land for housing to various categories -Policy guidelines
Orders - Issued.
REVENUE (ASSIGNMENT-I) DEPARTMENT
G.O.Ms. No. 243 Dated : 28-92-2005
Read the following :-
1. G.O. Ms. 589, Revenue (Asn. III) Deptt., dated 10.07.91
2. From the Commissioner of Land Revenue,A.P., Hyderabad.
Letter No. B1/2212/97, dated 10.11.1997
3. G.O.Ms. No. 46, General Administration (Ser. Wel) Department, dated
24.1.2001.
4. From the GeneralAdministration (Ser. Wel) Department.
U.O. Note No. 44907/Ser. Wel/2000-166, dated 24.01.2003.
5. G.O.Ms. No. 416, Revenue (Asn.I) Department, dated 18.3.2003
6. G.O.Ms. No. 242, Revenue (Asn. I) Department, dated 28.02.2005.
O R D E R :
In the G.O. sixth read above, orders were issued for creation of Land Bank to
meet the housing and other Institutional requirements of the various sections of
society. It was also ordered that separate orders would be issued pertaining to the
methodology to be adopted for selecting the Housing Societies / Institutions for
allotment and alienation of land out of land bank. Accordingly the following orders
are issued.
APPROACH :
Government shall allot land for housing purpose and for institutional purpose.
These two categories shall be dealt with separately.As far as housing is concerned,
Government shall encourage allotment of land for house sites where the culture /
feasibility of independent house exists. Land shall be allotted for construction of
flats, wherever culture for flats is in existence. The decision as to allot the land for
house plots/flats shall be decided based on the availability of land in the designated
area.
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In the Municipal Corporations of the State, Viz., Hyderabad, Warangal,
Vijayawada, Guntur, Rajahmumdry, Visakhapatnam, Kurnool and Nellore,
Government may alienate lands preferably for construction of flats in view of the
scarcity of land.
METHODOLOGY :
Land shall not be allotted in favour of individual beneficiary. The beneficiaries
shall have to be formed into a group or Co-operative Society for availing the facility of
allotment of land for a flat / house site. A Society or a Group shall have a minimum
of 12 eligible members. The applications for flat / house site shall have to made to
the concerned Collector & District Magistrate. The Collectors in turn shall obtain
necessary approval, for withdrawal and allotment of land from out of Land Bank,
from the Empowered Committee and Government.After approval of the Empowered
Committee and the Government, further action would be taken by the Collector to
make the scheme operational.
ROLE OF COLLECTOR :
The Collector shall be the nodal authority to make the scheme operational
and shall be competent to allot lands for housing purpose to Housing Society /
Group at the rates stipulated, following the above outlined procedure. In so far as
allotment of land to Institutions he shall submit proposals to the Empowered
Committee for taking a decision in the matter.
AREA ALLOTMENT :
In so far as the Societies in which Judges, MPs, MLAs. All India Services
Officers ofAndhra Pradesh cadre and Officers (natives ofAndhra Pradesh) of other
StatescadreswhoworkedwithGovernmentofAndhraPradeshondeputation, Officers
of the Government ofAndhra Pradesh and Journalists, land shall be provided in the
satellite towns (of Hyderabad and Rangareddy Districts) to be developed by HUDA,
APHB or other Urban Development Agency on cost basis.
The land situated in Prime locations of Hyderabad and Ranga Reddy
Districts will henceforth be allotted only for Government organizations, public purpose
or for institutional use. Government lands located within the proposed outer ring
road will not be allotted for house sites either for group of individuals or co-operative
housing societies.
CONVEYANCE TO INDIVIDUAL BY CO-OPERATIVE SOCIETY :
On a lienation of the Government land, the Society or Group concerned in
turn shall allot individual house sites / flats as the case may be to the individual
members. The title of the plot or flat shall be conveyed to the members concerned
by the Society through a registered sale deed.
RESPONSIBILITY AND TIME LIMIT FOR DEVELOPMENT OF LAYOUT :
Government land shall be alienated to the Co-operative House Building Society or
Group, without any development. It would be the responsibility of the Society /
Group to develop the land and to provide infrastructure facilities such as roads,
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water supply, electricity, drainage etc. The time limit fixed for completion of this
process shall be one year from the date of alienation of the land, failing which the
land shall be resumed by the Government.
CATEGORISATION FOR PRICING :
i. MLAs MPs, Judges of Supreme Court and High Court,All India Service
Officers
ii. Accredited Journalists from recognized and registered newspapers.
iii. State Government Employees and Panchayat Raj Teachers working
in the State of Andhra Pradesh.
iv. Recognised National and International Sports persons and eminent
persons in the field of Culture and Arts.
v. Defence Employees, Central Government employees and employees
of PSUs.
vi. Widows of Kargil and other war heroes and extremist violence who are
hailing fromAndhra Pradesh.
vii. Weaker Sections.
viii. Institutions - Educational / Charitable / Religious etc.
The land shall be allotted to the categories figuring at Sl.No. i to iv at the
basic value of the land, for category v and vii at prevailing market value; for category
vi on free of cost and for category vii as per the policy of the Government vogue. The
acquired land shall be alienated on cost basis, which means that the actual cost
paid to the landowners shall be fixed as cost of land.
CONDITIONS OF ALLOTMENT :
i. The land shall be allotted in favour of Societies / Groups. It shall be the
responsibility of the Societies / Groups to ensure that its members are
seeking allotment of land for the first time.All the members shall have
to file an affidavit stating that he/she had not received the benefit of
concessional allotment from Government earlier nor he/she was a
member of any society/group to which concessional allotment was
made. He/she shall also give an undertaking that he/she not avail such
facility in future.
ii. The Societies shall complete the process of allotment of house sites
within a period of six months from the date of alienation of the land.
iii. A beneficiary, who is allotted a house site shall have to complete the
house within a period of two (2) years from the date of allotment of
house site by the Society / Group.
iv. In case of flats, the Society shall be responsible for completion of
construction of flats within a period of two (2) years from the date of
alienation of land by the Government. This may be done directly or
through any other agency agreed upon by members.
v. Any beneficiary, who is allotted a house site / flat, shall not have any
right to sell the same for a period of fifteen (15) years.
14
vi. If the Society allots open spaces available in the layout or changes
layout without approval from competent authority that approved the
layout, the President, Secretary and other Office Bearers of the Society
are liable for punitive action and changes made if any shall become
null and void.
vii.In Satelite townships being developed by various urban development
agencies in Hyderabad and Ranga Reddy Districts, all categories of
people such as Class IV, N.G.Os, who may not be in a position to
invest so much for buying a plot shall be considered for allotment of
house sites at an appropriate rate.
The conditions of allotment in respect of Government Employees shall be
issued separately.
SIZE OF PLOTS / FLATS :
For the purpose of housing, the maximum size of the plot will be 500 Sq.
yards and the minimum size of the plot, other than for weaker sections housing,
shall be 100 Sq. yards. For the purpose of flats, the Empowered Committee shall
decide the area depending upon the numbers of members of the Housing Society /
Group. For allotting land to Institutions, the Empowered Committee shall make
need based recommendations. The land for various categories is as follows :
Sl. Category Plot SizeNo. (Sq. yards)
1. Supreme Court Judges, High Court Judges, MPs, 500
MLAs, MLCs,All India Services Officers
2. Government Employees 400 to 100
3. Journalists 300
AGENCY FOR IMPLEMENTATION OF THE HOUSING PROJECT :
The Co-operative Society or Group are at liberty to decide as to whether they
would like to build the houses themselves or they would like to avail the help of the
organization likeAndhra Pradesh Housing Board.
All the District Collectors, Spl. C.S. & Chief Commissioner of Land
Administration, Secretary to Government, Housing Department, Secretary (Services),
General Administration Department, Principal Secretary, Finance Department and
the designated Empowered Committee for Land Bank are requested to take necessary
action accordingly.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OFANDHRA PRADESH)
DR. V.P. JAUHARI
SPECIAL CHIEF SECRETARYTO GOVERNMENT
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Land Bank - Allotment of land for housing to Govt. Employees - Policy guidelines
15
Orders - Issued.
REVENUE (ASSIGNMENT-I) DEPARTMENT
G.O.Ms. No. 244 Dated : 28-02-2005
Read the following :-
1. G.O. Ms. 589, Revenue (Asn. III) Deptt., dated 10.07.91
2. From the Commissioner of Land Revenue,A.P., Hyderabad.
Letter No. B1/2212/97, dated 10.11.1997
3. G.O.Ms. No. 46, GeneralAdministration (Ser. Wel) Department, dated
24.1.2001.
4. From the General Administration (Ser. Wel) Department.
U.O. Note No. 44907/Ser. Wel/2000-166, dated 24.01.2003.
5. G.O.Ms. No. 416, Revenue (Asn.I) Department, dated 18.3.2003
6. G.O.Ms. No. 242, Revenue (Asn. I) Department, dated 28.02.2005.
7. G.O.Ms. No. 243, Revenue (Asn. I) Department, dated 28.02.2005.
O R D E R :
In the G.O. sixth read above, orders were issued for creation of Land Bank to
meet the housing and other Institutional requirements of the various sections of
society. Orders were issued in te reference seventh cited on the policy guidelines
pertaining to the allotment of land to various and it was ordered that separate orders
shall be issued pertaining to the conditions of allotment of Government land to
Government Employees.Accordingly the following orders are issued.
METHODOLOGY :
Land shall not be allotted in favour of individual employees. The employees
shall have to be formed into a Group or Co-operative Society for availing the facility
of allotment of land for a flat / house site.ASociety or a Group shall have a minimum
of 12 eligible members. The applications for flat / house site shall have to be made
to the concerned Collector & District Magistrate. The Collectors in turn shall obtain
necessary approval, for withdrawal and allotment of land from out of Land Bank,
from the Empowered Committee and Government.After approval of the Empowered
Committee and the Government, further action would be taken by the Collector to
make the scheme operational.
ROLE OF COLLECTOR :
The Collector shall be the nodal authority to make the scheme operational
and shall be competent to allot lands for housing purpose to Housing Society/
Group of employees at the rates stipulated, following the above outlined procedure.
The Collector shall monitor the implementation of scheme very closely and send
monthly progress report to the Government.
CONVEYANCE TO INDIVIDUAL BY CO-OPERATIVE SOCIETY :
On alienation of the Government land, the Society or Group concerned in turn
shall allot individual house sites / flats as the case may be to the individual members.
The title of the plot or flat shall be conveyed to the members concerned by the
Society through a registered sale deed.
CONDITIONS OF ALLOTMENT :
16
I. An employee should be a member of a Housing Society or Group. The
employees, who are forming into a Society / Group, are advised to
complete the admission of members before making an application to
the Government. This would facilitate the Society to arrive at exact
requirement of land, which can be calculated as per the eligibility criteria
and make an application to the authorities. If some other employees
are not covered by Society, they can be formed into a separate Society
/ Group and request for allotment. This approach would limit the post-
allotment litigation to the minimum.
II. The Societies / Groups shall not allot house sites / flats in respect of
any other member, whose name is not figuring in the application
submitted to the competent authority, for allotment.
III. An employee should be an approved probationer of the Government /
Local Body and he should have completed a minimum of five years
service.
IV. An employee should be eligible for only one Government house site or
flat during his / her service.
V. If both husband and wife are in government service, only one would be
eligible for allotment of a Government house site / flat.
VI. The allotment of individual house sites shall be completed by the Society,
within a period of six months from the date of alienation of the land.
VII. The Co-operative House Building Society / Group shall allot house
sites or flats by draw of lots.
VIII. An employee who is allotted a house site shall complete construction
of the house within a period of two (2) years from the date of allotment
of house site by the Society.
IX. In the case of flats, the Society shall be responsible for completion of
construction of flats within a period of two (2) years from the date of
alienation of land by the Government. This may be done directly or
through Housing Board or by any other agency agreed by the members.
X. An employee who is allotted a house site / flat should not sell such
site / flat for a minimum period of fifteen (15) years.
XI. If the Society allots open spaces available in the layout or changes
layout without approval from competent authority that approved Layout,
the President, Secretary, and other Office Bearers of the Society are
liable for punitive action and changes made if any shall become null
and void.
XII. The fact of allotment of house site / flat shall be recorded in the Service
Book of the employee concerned.
XII. An employee would be entitled for concessional allotment of land for
only one time in his service. Each member of the Society for whom
land / flat is allotted shall have to file an affidavit stating that he / she
has not received the benefit of concessional allotment earlier not he /
17
she was a member of any society to which concessional land was
allotted. He shall also give an undertaking that he / she shall not avail
such facility in future.
SIZE OF PLOTS / FLATS :
The land shall be allotted to theAIS Officers and the employees in the following
manner :
Sl. Category Plot Size
No. (Sq. Yards)
1. IAS, IPS and IFS Officers, borne on A.P. cadre 500
2. Non-Cadre Head of Departments, Fourth Level 400
Gazetted Officers and above
3. Second & Third level Gazetted Officers 300
4. First Gazetted 250
5. Superintendents,Assistant Section Officers, Senior175
Assistants, Telephone Operators, LD Stones, TCAs,
Junior Assistants etc. and equivalent posts
6. Attenders, Record Assistants, Drivers, Shroff etc. 100
and equivalent
If sufficient land is not available for allotment, the land can be divided into the
plots in the ratio of 4:3:2:5:1.75:1.0 for the categories 2 to 5.
AGENCY FOR IMPLEMENTATION OF THE HOUSING PROJECT :
The Co-operative Society or Group are at liberty to decide whether they would
like to build the houses themselves or they would like to avail the help of the
organization likeAndhra Pradesh Housing Board.
All the District Collectors, Spl, C.S. & Chief Commissioner of Land
Administration, Secretary to Government. Housing Department, Secretary (Services),
GeneralAdministration Department, Principal Secretary, Finance Department and
the designated Empowered Committee for Land Bank are requested to take necessary
action.
(BY ORDERAND IN THE NAME OF THE GOVERNOR OFANDHRA PRADESH)
DR. V.P. JAUHARI
SPECIAL CHIEF SECRETARYTO GOVERNMENT
HOMESTEADS
Homestead means the site of any dwelling house, built by a landless
agriculturist (i.e. having less than Ac. 2.5 acres of Wet or Ac.5.00 of dry land).
Agricultural labourer or Artisan at his own expense or at the expense of his
18
predecessor and includes other area adjacent to the dwelling house necessary for
its convenient, enjoyment and belonging to a land owner.
Section 4 of A.P. Occupants of Homesteads (Conferment of Ownership Act
1976 (Act 21 of 1976) prohibits eviction of an occupant of a homestead who is in
occupation of a dwelling house as on 14-8-75 unless the land owner proves the
dwelling house was built at his expense and the occupant is a tenant.
Sec. 4(3) of theAct provides for restoration of possession to an occupant of
a homestead who was in occupation of a dwelling house on or after 5-10-71 but
evicted before 14-8-75 by the authorised officer, M.R.O on an application made by
the occupant within 6 months from 14-8-75 or suomotu at any time.
U/S 5. the occupant of homestead shall become the owner of homestead
and dwelling house subject to the extent of homestead shall not exceed five cents,
and the right conferred is heritable but not alienable.
THE A.P. ASSIGNED LANDS
(PROHIBITION OF TRANSFER) ACT. 1977
(Act 9 of 1977)
Act 9 of 1977 is a protective legislation which came into force on 21-1-1977.
TheAct prohibits transfer of lands assigned to landless poor persons for the purpose
of cultivation or as house-sites and provides for restoration of such transferred lands
to the original assignees and also for punishment to the persons acquiring such
lands.
Sec. 4(3) of theAct prohibits transfer of any land assigned to a landless poor
person by way of sale, gift, mortgage, exchange, lease or otherwise and no right or
title in such assigned land shall vest in any person by way of sale, gift, mortgage,
exchange, lease or otherwise and no right or title in such assigned land shall vest in
any person acquiring the land by such transfer which transaction shall be deemed
never to have taken place.Amortgage in favour of Central Government, or the State
Government or any Local Authority or any registered Co-operative Society or any
Bank shall not be regarded as an alienation.
U/s 3(2) of theAct, the assignee and the purchaser are barred from entering
into such transactions which, if made, shall be null and void (Sec.3(3). U/s 6, the
M.R.O (Authorised officer) is empowered either suomotu on application (From-1)
after making an enquiry and after the entire price in one Iumpsum or the first
instalment thereof has ownership in Form - II and on the issue of such certificate
free of all encumbrances w.e.f. 18-8-1975. The enquiry under this section must be
full pledged one giving opportunity to both the occupant & landowner observing
principles of natural justice.
According to theAct 9 of 1977, the provisions of Section 3 (1) and 3(2) of the
19
Act shall not apply to any assigned land which was purchased by another landless
poor person in good faith and for valuable consideration prior to 21-1-1977 and which
is in possession of such purchaser on 21-1-1977. But theA.P. High Court has ruled
out in several writ petition’s that the provisions of theAct are retrospective in operation
and that the Act applies to transfers of assigned lands effected before the
commencement of the Act. It was also held whether the purchaser is a landless
pooractedingoodfaithandpurchasedforvaluableconsiderationhavetobedetermined
with reference to date of purchase only (AIR 1980 page 198 and A I R 1980 page
257)
If in any case the District Collector or the officer authorised by him (M.R.O) is
satisfied that the provisions of Sec.3(1) of theAct are contravened, he shall issue a
show-cause notice in Form 1 to the person in possession of the assigned lands
allowing 15 clear days for making the representation. If any representation is received
in time, it shall be considered and if it is held that the provisions of Sec 3(1) of the
Act have been contravened, an order shall be passed, directing the V.A.O to take
possession of such land (Rule 3). The land so taken shall be restored to the original
assignee or his legal heirs, only once. If the restored land is again transferred by the
assignee or his legal heirs, it shall be resumed to the Government for assignment to
any other land-less poor person. (Sec.4(1)(b).
Any order passed in revision u/s 4(b) and subject to such order the decision
in appeal any order passed u/s 4(1) shall be final and shall not be questioned in any
court of law and no injunction shall be granted by any officer or authority or
Government in pursuance of any power conferred by or under the Act.
4(a) Appeal : (1) Any person aggrieved by an order passed by the M.R.O
under sec.4(1) may within 90 days from the date of receipt by him of such order,
appeal to R.D.O. (2) Any person aggrieved by an order passed by the R.D.O u/s
4(1) may within 90 days from the date of receipt by him of such order, appeal to the
District Collector.
4(b) Revision : The District Collector may in respect of any proceedings not
being a proceeding covered by Section 4(a)(2) on an application made to him and
the Govt. may in respect of any proceedings either suomotu or on an application
made to them call for and examine the regularity of such proceedings etc. and pass
orders modifying, annulling, reversing or remitting for reconsideration.
The District Collector / M.R.O shall furnish a copy of the order to the
Registration Department whenever any land is assigned to a landless poor person
(Rule 4)
NB : Whenever assignment of land is ordered, a copy of the list has to be
furnished to Sub-Registrar.
The Registering Officer shall not register any document relating to transfer of
or the creating of any interest in assigned land without prior permission of the District
Collector concerned (Sec.5)
20
Whosoever acquires any assigned lands in contravention of Sec 3 (2) of the
Act shall be furnished with imprisonment up to 6 months and with fine upto Rs.
2,000/- or with both (Sec.7(1). Any person who impedes the officer authorised to
take possession of any assigned land under section 4(1) of theAct shall be furnished
with imprisonment upto 6 months and fine of Rs. 5,000/- or with both (Sec.7(2).
The sanction of the District Collector shall be necessary for filing prosecution
under section 7 (1) and (2) of the Act (Sec.7(3).
Compensatory afforestation :Utilization of forest land for other than forest
purpose is prohibited. However, in case the forest land is to be utilised for major
projects, the Ministry of Environments, Forests, Govt. of India may accord permission
for utilisation of forest land for other purpose, provided the Department / Organisation
taking up such projects, finances for afforestation in non-forest land to the extents
of forest land to be utilising for other than purposes. For the purpose of compensatory
afforestation the Govt. of Andra Pradesh have envisage to institute Land Bank
Scheme by identifying blocks of Govt. waste lands that are suitable for afforestation,
for identification of the Govt. waste land, the Govt. have constituted District Level
and State Level Committee.
THE ANDHRA PRADESH
ASSIONED LANDS (PROHIBITION OF TRANSFERS) ACT,
1977
Whereas, the LegislativeAssembly of the State is not now in session and the
Governor of Andhra Pradesh is satisfied that circumstances exist which render it
necessary for him to take immediate action.
Now, therefore, in exercise of the powers conferred by clause (1) of Article
213 of the Constitution of India, the Governor hereby promulgates the following
ordinance :
1. 1) This Ordinance may be called the Andhra Pradesh Assigned Lands
(Prohibition of Transfers) (Amendment) Ordinance, 2006.
2) It extends to the whole of the State of Andhra Pradesh.
3) It shall come in to force atonce.
2. In theAndhra Pradesh Assigned Lands (Prohibition of Transfers)Act, 1977,
in Section 4, in Sub-Section(b), for clause(b) together with the proviso
there under, the following shall be substituted, namely :
“(b) except in certain areas as may be notified by the Government from time
to time depending upon the need and circumstances and on the case by case
basis in this behalf, restore the assigned land to the original assignee or his/her
legal heir, if the assigned land is being used for the purpose of the original assignment
and it is reasonably practicable to restore it to the original assignee or his/her legal
heir.
Provided that for such restoration, the original assignee or his/her legal heir,
as the case may be, shall be eligible for such land assignment at the time of such
restoration.
21
Provided further that the assigned land shall not be restored more than once
to either the original assignee or his/her legal heir as the case may be.
Provided also that in case, the assigned land can not be so restored to the
original assignee or his/her legal heir due to any of the reasons mentioned
above, it shall be resumed to the Government.
Provided also that the lands resumed by the Government shall be utilised for
weaker sections housing, public utilities, infrastructure development or for any other
public purpose.
Any land, the possession of which has been taken under clause (a) but the
restoration of the same can not be made under clause, (b) to the original assignee
or his/her legal heir, as the case may be, shall be resumed by the Government.
RAMESHWAR THAKUR
Governor ofAndhra Pradesh
T. MADANMOHAN REDDY
Secretary to Government
LegislativeAffairs and Justice, Law Department.
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Rules - TheAndhra PradeshAssigned Lands (Prohibition of Transfers) Rules, 2007
- Issued.
REVENUE (ASSN-POT) DEPARTMENT
G.O.Ms.No.208 Dated: 22-02-2007.
Read :
G.O.Ms.No.281 Revenue (B1) Department Dt.02-02-1978.
ORDER:
The following Notification will be published in the extraordinary issue of the AP
Gazette dated 22-02-2007.
NOTIFICATION
In exercise of the powers conferred by sub-section(1) of section 9 of theAndhra
Pradesh Assigned lands (Prohibition of Transfers) Act, 1977, as amended by the
Andhra Pradesh Assigned Lands (POT) (Amendment) Act, 2007 and in superses-
sion of the Andhra PradeshAssigned Lands (Prohibition of Transfers) Rules, 1977
issued in G.O.Ms.No.281 Revenue, dt.02-02-1978, the Governor ofAndhra Pradesh
hereby makes the following rules:-
RULES
1. Short title: These rules may be called the Andhra Pradesh Assigned Lands
(Prohibition of Transfers) Rules, 2007.
2. Definitions: In these rules, unless the context otherwise requires:-
(a) "Act" means the Andhra Pradesh Assigned Lands (Prohibition of Trans-
fers) Act, 1977;
(b) "Authorised Officer" means the officer authorised by the District Collector
not below the rank of Mandal Revenue Officer/Tahsildar under
22
sub-section(1) of section 4 and sub-section (1) of section 5 of the Act;
(c) "Form" means a form appended to these rules,
3. Procedure for eviction of the Transferee and taking possession and restoration
ofAssigned Lands:-
The District Collector or the Authorised officer shall, before taking action under
clauses (a) and (b) of sub-section (1) of section 4 of the Act, issue notices in
Form No.I and Form II to the persons who have transferred and also to the
persons who have acquired any assigned land in contravention of the provi-
sions of sub-section (2) of section 3 of the Act. The notices shall be served by
delivering a copy on Transferor and transferee or some adult male member of
the family of such transferor or transferee at their usual place of abode or to
their authorised agent or by affixing a copy thereof at some conspicuous place
of their last know place of residence or on some conspicuous part of the as-
signed land. After the expiry of (fifteen) 15 days specified in the notice, the
District Collector or the Authorised officer shall consider the representation, if
any, received with reference to the said notice and pass such orders as he
thinks fit and proper. If it is held that the provisions of sub-sections (1) and (2)
of section 3 of theAct, have been contravened in respect of any assigned land,
a copy of the order shall be communicated to the village officer concerned
under whose territorial jurisdiction the land is situated for taking possession of
the land and thereupon the land shall be disposed of in accordance with the
provisions of section 4 of the Act.
4. The District Collector or the Authorised Officer not below the rank of Mandal
Revenue Officer/Tahsildar shall furnish the particulars of lands assigned in his
jurisdiction in Form No.III to the Registering Officer concerned, within (forty five)
45 days from the date of commencement of the Andhra Pradesh Assigned
Lands (Prohibition of Transfers) (Amendment)Act, 2007 and further continue to
furnish such particulars in the same proforma whenever new assignments are
made from time to time.
5. Under the proviso to section 7 of the Act, any person voluntarily disclosing or
surrendering the assigned land in his possession within (90) days of com-
mencement of the Andhra Pradesh Assigned Lands (Prohibition of Transfers)
(Amendment) Act, 2007 shall make such voluntary disclosure or surrender to
the Collector or Authorised Officer by way of declaration in Form No.IV. On
receipt of such declaration, the Collector or the Authorised Officer shall pro-
ceed to take immediate possession of the land and dispose of the land as per
the provisions contained in section 4 of the Act.
6. The Government shall issue notification under section 4 of the Act for notifying
area/lands for utilisation for public purpose in Form No.V.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA
PRADESH)
23
Dr. V.P.JAUHARI
SPECIAL CHIEF SECRETARYTO GOVERNMENT
FORM - I
Notice under rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Trans-
fers) Rules,2007
To.
Residing in……………. village………….. Mandal ……………. District……………
Whereas, you are found to have been assigned lands as specified in the schedule
below;
And Whereas, it has come to notice that you have transferred the said assigned
land in contravention of the provisions of the sub –section (2) of section 3 of the
Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 ;
And whereas, under Section 4 of the Act, this land is liable to be resumed to
Government for violation contained in the Section 3 of the Act;
You are hereby directed to show cause within (fifteen) 15 days of receipt of this
notice as to why the assignment made to you should not be cancelled and the land
be resumed to Government.
THE SCHEDULE
Village Survey Extent Details & Date Name of Nature of
Remarks
No. (Acs. Cts) Date of patta the transfer &
Certificate issued transferee date
(1) (2) (3) (4) (5) (6) (7)
Place Signature
Date
Dr.V.P.JAUHARI
SPECIAL CHIEF SECRETARYTO GOVERNMENT
FORM –II
Notice under rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Trans-
fers) Rules,2007
To.
Residing in……………. village…………..Mandal …………….District……………
Whereas, you are found to be the transferee of the assigned lands as specified in
the schedule below in contravention of the Provisions of the sub –section (2) of the
Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977;
You are hereby directed to show cause within (fifteen) 15 days of receipt of this
notice as to why you should not be summarily evicted from the said assigned
24
lands and as to why crop or rther product raised on land / lands and any building or
other construction erected or anything deposited thereon should not be forfeited.
THE SCHEDULE
Village Survey Extent Details & Date Name of Nature of
Remarks
No. (Acs. Cts) Date of patta the transfer &
Certificate issued transferee date
(1) (2) (3) (4) (5) (6) (7)
Place Signature
Date
Dr.V.P.JAUHARI
SPECIAL CHIEF SECRETARYTO GOVERNMENT
Declaration under section 7 of the A.P. Assigned Lands (Prohibition of
Transfers)Act,1977.
To.
The District Collector / Authorised Officer.
…………………… Dstrict.
Whereas, I am the transferee of assigned lands specified in the Schedule by
way of (Sale / gift / lease) ……………… in contravention of the provisions of the
section 3 of the A.P. Assigned Lands (POT) Act,19977;
And whereas under section 7 of theAct a provision is made for voluntary disclosure
/ surrender of such assigned lands;
And now therefore I am disclosing and surrendering such assigned lands to Gov-
ernment within (90) days from the commencement of the Act as mentioned in the
schedule;
The Collector or the authorized officer may accept the surrender of this land.
SCHEDULE
Village:…………….. Mandal…………………. District………………..
Sl.No. Name & Survey Extebt Name of Name of Remarks
Address of the No. (Acs. Cts.) assignee
transfer (by way
of sale/gift/
lease etc.
(1) (2) (3) (4) (5) (6) (7)
Place Signature
Date
Dr.V.P.JAUHARI
25
SPECIAL CHIEF SECRETARYTO GOVERNMENT
List of Assigned lands communicated to the Sub –Registrar concerned under
section 5 (1) of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977.
To
The Sub –Registrar.
…………………..
Transfers of assigned lands being prohibited under section 5 of the Andhra
PradeshAssigned Lands (Prohibition of Transfers)Act, 1977.the following list con-
taining details of assigned lands are furnished to the sub –Registrar,……………,
District …………., as per section 5 (1) of the A.P. Assigned lands (Prohibition of
Transfers) Act,1977. in the prescribed proforma in the Rules ;
As per section 5 (2) of the Act, no registering officer shall accept for registration of
any documents relating to the transfer of land as mentioned in the schedule.
SCHEDULE
Village : Mandal : D i s -
trict :
Sl.No. Survey Extent Name of the Father / Date of
No. (Acs. Cts) Assignee Husband Name A s -
signment
(1) (2) (3) (4) (5) (6)
Place Signature
Date :
Dr.V.P.JAUHARI
SPECIAL CHIEF SECRETARYTO GOVERNMENT
NOTIFICATIONS BY GOVERNMENT REVENUE DEPARTMENT
NOTIFICATION UNDER CLAUSE ( C ) OF SUB –SECTION (1) SECTION 4 OF
THE ANDHRA PRADESHASSIGNED LANDS (PROHIBITION OF TRANSFERS)
ACT, 1977.
Whereas, under clause ( C ) of sub –section (1) of section 4 of the Act the Govern-
ment have been vested with the power / authority to notify certain areas / lands
which can be resumed by the Government under section 4 of the Act for public
purpose;
And whereas the Government have decided that such resumed lands will be uti-
lized for public purpose as provided in the Explanation to (b) of sub –section (1) of
section 4 of the Act;
Therefore, in exercise of the powers conferred under clause ( c ) of sub –section (1)
of section 4 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act,
1977. Government of Andhra Pradesh hereby notify the following areas / lands;
Sl. No. Name of the District Name of the Mandal Name of the Village
Survey Numbers
26
(1) (2) (3) (4)
(5)
Dr.V.P.JAUHARI
SPECIAL CHIEF SECRETARYTO GOVERNMENT
THE POT ACT 1977 HAS BEEN AMENDED BY THE ACT OF 8 OF
2007
ACT NO.8 OF 2008
NACTFURTHERTOAMENDTHEANDHRAPRADESH ASSIGNED LANDS (PRO-
HIBITION OF TRANSFERS)ACT,1997
v Be it enacted by the Legislative Assobly of the Stato of Andhra Pradesh in the
flity –aovonth your of the Ropubllo of India as follows.
v This Act may be called the Andha Pradesh Assigned Lands (Prohibition of
transfers) (Amendment)Act,2008
v In theAndhra PradeshAssigned Lands (Prohibition of transfers)Act,1997, (here-
inafter referred to as the principal Act), in section 4, in sub –section (1), for
clause (b) and clause (c), the following shall be substituted,namely
v “(b) restore the assigned land, other than those lands/areas as may be notified
by the Government from time to time in public interest and for public purpose.
v (i) to the orginal assignee if he or she is eligible as for the norms fixed in this
behalf, as on the date of restoration for one time ; or
v (ii)Assign to other eligible landless poor person: Provided that where the origi-
nal assignee or his legal heir, after the first restoration transfers the assigned
land, the land shall be resumed for assignment to the other eligible landless
poor:
v Provided further that if no eligible landless poor persons are available in the
village/area, the resumed land will be utilized for public purpose.
v Explanation :- For the purpose of this clause, “Public interest” and “Public
Purpose” shall mean and include, the weaker seation Housing public Utility
infrastructure development, promotion of industres and Tourism or for any other
public purpose:
v (c) In the areas which may be notifed by Government from time to time, lands
resumed under clause 4(a) above shall be utllized for publlo purpose.
v For section 5of the principal Act, the following shall be substituted, namely:-
v “5.(1) The District Collector or any other Officer, not below the rank of a Mandal
Revenue Officer authorized by him in this behalf, shall within 45 (forty five)
days from the date of commencement a list of lands assigned to the landless
27
poor persons with all particulars of assignment and futther furnish such par-
ticulars of new assignment forthwith.
v (2) Notwithstanding anything in the Registration Act, 1908, no Registering Of-
ficer shall accept for registration of any document relating to the transfer of or
creation of any interest in any assigned lands as furnished in the list under sub
–section (1)”.
v In section 7 of the principal Act.
v “Provided that any person who has voluntarily disclosed and surrendered the
assigned land in his possession or discloses and surrenders the assigned
land in his possession within 90 days from the commencement of Andhra
Pradesh Assigned Lands (prohidition of Transfers) (Amendment) Act, 2006
shall be exempted from Prosecution.
v Procedure for eviction of the transferee and taking possession and restoration
of Assigned Lands :-
v The District Collector or the Authorised officer shall, before taking action under
clases (a) and (b) of sub – section (1) of section 4 of the Act, issue notices in
form No. I and form II to the persons who have transferred and also to the
persons who have acquired any assigned land in contravention of the provi-
sions of sub –section (2) of section 3 of the Act, The notices shall be served by
delivering a copy on Transferor and transferee or some adult male member of
the family of such transferor or transferee at their usual place of abode or to
their authorized agent or by affixing a copy there of at some conspicuous
place of their last known place of residence or on some conspicuous part of the
assigned land. After the expiry of (fifteen) 15 days specified in the notice, the
District Collector or the Authorised Officer shall consider the representation, if
any received with reference to the said notice and pass such orders as he
thinks fit and proper. If it is held that the provisions of sub –sections (1) and (2)
of section 3 of theAct, have been contravened in respect of any assigned land,
a copy of the order shall be communicated to the village officer concerned
under whose territorial jurisdiction the land is situated for taking possession of
the land thereupon the land shall be disposed of in accordance with the provi-
sions of section 4 of the Act.
v The District Collector or the Authorised Officer not below the rank of Mandal
Revenue Officer/Tahsildar shall furnish the particulars of lands assigned in his
jurisdiction in form No.III to the Registering Officer concerned, within(forty five)
45 days from the date of commencement of the Andhra Pradesh Assigned
Lands (Prohibition of Transfers) (Amendment) Act,2007 and further continue to
furnish such particulars in the same proforma whenever new assignments are
made from time to time.
v Under the provison to section 7 of theAct, any person voluntarily disclosing or
28
surrendering the assigned land in his possession within (90) days of com-
mencement of the Andhra Pradesh Assigned Lands (Prohibition of Transfers)
(Amendment) Act,2007 shall make such voluntary disclosure or surrender to
the Collector or Authorised Officer by way of declaration in from No.IV. on
receipt of such declaration, the Collector or the Authorised Officer shall pro-
ceed to take immediate possession of the land and dispose of the land as per
the provisions contained in section 4 of the Act.
v (ii) after sub – section (2), the following shall be inserted namely:-
v “(2A) Any Officer, violating the provisions under sub – sections (1) and (2) of
section 5 shall be punished with simple imprisonment which may extend to six
months or with fine which may extend to ten thousand rupees or with both.”.
v Comparision of Old and New Act at aglaince.
Old Act
Sec,4: Sub – section (1) clause (b):
(b) Original assignee or his legal heir, or where it is not reasonably practicable to
restore the land tosuch assignee or legal heir, resume the assigned land to Gov-
ernment for assignment of landless poor persons in accordance with the rules for
the time being in force:
Provided that the assigned land shallnot be so restored to the original assignee or
his legal heir more than once,and in case the original assgnee or his legal heir
transfers the assigned land again after such restoration, it shall be resvmend to the
Government for assignment to any other landless poor person.
New Act
Sec,4: Sub – section (1) clause (b):
(b) restore the assigned land, other than
Those lands/areas as may be notified by The Government from time to time in
public interest and for public purpose:-
(i) To the original assignee if he or she is eligible as per the norms fixed in this
behalf,as on the date of restoration for one time;
(ii) Assign to other eligible landless poor person: Provided that where the original
Assignee or his legal heir, after the first restoration transfers the assigned land, the
land shall be resumed for assignment to the other eligible landless poor:
Provided further that if no eligible landless poor persons are available in the
village /area, the public purpose.
Explanation :-For the purpose of this clause, “Public Purpose” shall mean
and include, the Weaker Section Housing, public public Utility infrastructure de-
velopment, promotion of industres and Tourism or for any other public purpose:
NOTIFICATIONS BY GOVERNMENT
REVENUEDEPARTMENT
29
(Assginment-I)
ANDHRA PRADESH ASSIGNED LANDS (PROHIBITION OF TRANSFERS)
(AMENDMENT)ACT, 2007.
(G.O.Ms.No.125, Revenue (Assignment-I), 5th February, 2007)
In exercise of the powers conferred under sub-section (3) of Section 1 of the
Andhra PradeshAssigned Lands (Prohibition of Transfers) (Amendment)Act, 2007,
Government hereby order that except Section 2 of the said Act, the remaining
provisions shall come into force with effect from the 29th day of January, 2007.
Dr.V.P.JAUHARI,
Special Chief Secretary to Government
ANDHRA PRADESH ACTS,
ORDINANCESAND REGULATIONS Etc.,
Memorandum No.670/SLA&J/RI/85/2007 dated 07-02-2007
ERRATA
In theAndhra PradeshAssigned Lands (Prohibition of Transfers) (Amendment)
Act, 2007 (A.P.Act 8 of 2007) published at pages 1-4 of Part IV-B. Extraordinary of
the Andhra Pradesh Gazette, dated the 29th January, 2007.
At Page (3),
(1) in line 12, for "2006" read "2007"
(2) in line 30, for "2006" read "2007"
T. MADAN MOHAN REDDY,
Secretary to Government, Legislative Affairs & Justice.
ENCROACHMENTS
Encroachment means unauthorised occupation of Government land. The
District Collectors, R.D.O’s and M.R.O’s are vested with powers to enforce the
provisions of theA.P. Land EncroachmentAct, 1905.An Officer incharge of a Revenue
division is defined as Collector under this Act. Encroachments are classified as (i)
Unobjectionable and (ii) Objectionable. The principles for charging assesment and
penalty and further action to be taken in such cases are listed out below.
Unobjectionable cases :
Assessed Waste Taram Assesment
Unassessed Waste Adjoining wet rate or adjoining dry rate as the case may
be.
Porambokes : In cases covered by provisional pattas, adjoining wet rate or
adjoining dry rate as the case may be.
In other cases of occupation by eligible sivaijamadars, highest wet rate or
highest dry rate, as the case may be.
Action shall be taken to assign the occupied lands classified as
30
unobjectionable Encroachments (BSO 15 (7) 15 (36) and 21).
Objectionable cases :
Assessed waste : In case of occupation by ineligible persons, Taram
Assessment plus penalty u/s (i). The penalty leviable u/s (i) is a sum not exceeding
five rupees, a sum not exceeding ten times such assessment; provided that no
penalty shall ordinarily be imposed in respect of unauthorised occupation of such
land for any period not exceeding one year.
Unassessed Waste : Highest wet rate/Highest dry rate plus penalty u/s 5 (ii). i.e.
a sum not exceeding ten rupees, or when twenty times the
assessment payable for one year exceed ten rupees, a sum
not exceeding twenty times such assesment. The encroacher
is also liable for eviction.
Petty Encroachments:
Encroachment in porambokes the assessment of which would not exceed
Rs.0.13 paise in each case and small extents say upto 0.20 cents in each case in
assessed waste lands should as a rule be ignored.
Procedure for eviction and conditions to be fulfilled :
i) The Land encroached upon must be shown to be Government land.
ii) Notice should be issued u/s 7 of L.E.Act and should be served on each of the
encroachers to show cause before a specified date why he should not be
evicted u/s 6 of the Act.
iii) On service of such notice and if sufficient cause is not shown, a notice should
be served u/s 6 of the Act requiring the encroacher to vacate the land within
such reasonable time as may be fixed.
iv) If such notice is not complied with, the M.R.O shall pass orders directing
removal of the person from such land.
v) If such Encroacher resists or obstructs, a summary enquiry by the Collector
shall be held and; if he is satisfied that the obstruction or resistance is without
any just cause, he could issue a warrant for his arrest and on his appearance
convict him to close custody for a period not exceeding 30 days in a near by
Civil Jail.
Whenever eviction is ordered, forfeiture of everything found on an encroached
land should also be ordered. The Encroacher may, however, be permitted to take
the food crops raised by him on lands other than objectionable porambokes for the
first time, with a warning that they would be evicted immediately after the harvest of
such crops. (B.S.O (7).
A person who continue to be in possession of the land leased out to him after
determination of the lease, can be evicted under the provisions of the L.E.Act.
An order of eviction does not lapse and can be enforced even after the close
of the fasli in which it is issued, without further notice.
Under Section 7-A of the Act, the District Collector is empowered to order
immediate eviction, without any notice, when a group or groups of persons have
unauthorised occupied Government land and have not vacated the land on demand
31
by the District Collector or any Officer authorised by him in this behalf. Such
Authorised Officer shall evict the encroachers from the land by force by taking
police assistance, if necessary, and take possession of the land.
The expenditure connected with the eviction by a Rev. Officer should be borne
by the Government. The Officer who orders eviction is competent to sanction the
said expenditure debitable to “253 Dist. Admn. (b) other Establishments (iii) Taluk
Establishments-26 other charges” (B.S.O.26(7) & Note there under).
Section 10 (Appeal) :
Officer who passed Appellate Period of
original order Authority Limitation
1. M.R.O R.D.O Within 60 days, Delay can be
(Collector under the Act) condoned by the Appellate
2. R.D.O District Collector Authority at his discretion
3. Dist. Collector Chief Commissioner of
LandAdministration
There shall be no appeal against a decision/order passed by the R.D.O or
District Collector on appeal, but the District Collector may revise any order/decision
passed by a M.R.O or R.D.O and the Chief Commissioner LandAdministration may
revise any order or decision passed by any subordinate officer, under the L.E.Act.
U/s 12-A, Government may either suo-motu or on application call for and
examine the records relating to any decision/order passed or proceedings taken by
any subordinate officer and pass such orders as they may deem fit.
U/s 14, Civil Courts are barred from entertaining any suit or pass any injuction
for any acts done under this Act.
Local bodies are responsible for dealing with encroachments on roads and
streets vested in them. Inspecting Revenue Officer should report to the Collector
cases in which objectionable encroachments have been leased or licensed by local
bodies without reference to Collector.
The final decision whether an encroachment is objectionable or not vests with the
Collector and he may intervene at any time with the proceedings under the L.E.Act,
whether requested to take action by the Local Authority or not.
Regularisation of encroachments under G.O.Ms.No. 166 Rev (Assn. POT)
Depart Dt. 16-2-2008.
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Government lands – Transfer of Rights on certain occupations/ encroachments of
specified categories of Unassigned Government lands situated in the State by way
of structures or otherwise, on payment basis – Framing of certain Policy Guidelines
– Orders- Issued.
32
——————————————————————————————————
REVENUE (ASSN.POT) DEPARTMENT
G.O. Ms.No.166 Dated; 16-2-2008
Read the following;
1.G.O. Ms.No.508, Revenue (Assignments.I) Department, dt. 20.10.1995
2.G.O. Ms.No.972, Revenue (Assignments.I) Department, dt. 4.12.1998
3.G.O. Ms.No.515, Revenue (Assignments.I) Department, dt. 19.4.2003
4.G.O. Ms.No.138, Revenue (Assignments.I) Department, dt. 9.2.2004
5.G.O. Ms.No.631, Revenue (Assignments.I) Department, dt. 23.8.2004
6.G.O. Ms.No.2, Revenue (Assignments.I) Department, dt.1.1.2005
7.G.O. Ms.No.1601, Revenue (Assignments.I) Department, dt. 29.8.2005
8.G.O. Ms.No.674, Revenue (Assignments.I) Department, dt. 8.6.2006
9.From the Chief Commissioner of Land Administration, A.P. Hyderabad Lr. No.
B1/583/2007, dt. 31.3.2007
10.From the Chief Commissioner of Land Administration, A.P. Hyderabad Lr. No.
B1/20207, dt. 31.8.2007
11.Fom the Chief Commissioner of Land Administration, A.P. Hyderabad Lr. No.
B1/583/2007, dt.9.10.2007
ORDER:
In the G.Os first to sixth read above, Government have issued orders from
time to time, for regularization of encroachment by way of dwelling houses on
Government lands situated in areas notified as Urban in 1991 census and in Industrial
Township, stipulating certain conditions on payment of market value provided the
encroacher submits his application within the prescribed time, with a cut of date of
encroachment on or before 31.3.1990.
2. Government, in the G.O seventh read above have issued orders, formulating
a comprehensive scheme for regularization of encroachments by way of dwelling
houses in Government lands, in supercession of the earlier orders issued in the
G.Os first to sixth read above, extending the time limit for regularization of residential
and commercial purposes for a period of one year from 1.4.2005 to 31.3.2006,
extending the date of receipt of fresh applications upto 31.12.2005.
3. The Government in the G.O 8th
read above have extending the time limit for
regularization of the pending applications for a further period of one year from 1.4.2006
to 31.3.2007, with a permission to receive the new eligible applications till 30.9.2006.
4. During the process of regularization of unauthorized occupation of
Government lands, it is notices that the Government lands have had a chequered
history. Policies governing the Transfer of Rights of Govt.lands are often found
tobe disjointed and do not appear to adequately address the variety of problems
encountered in this regard. It appears expedient to set out a policy containing the
comprehensive guidelines in order to have uniformity in dealing with occupations in
respect of these lands. The policy Viz., “TheAndhra Pradesh Transfer of Rights to
certain specified categories of occupants of Unassigned Government Lands, 2008”
33
is intended to provide a comprehensive set of guidelines regarding Transfer of Rights
to certain specified categories of unauthorized occupants of Government lands,
particularly in the context of longstanding occupation of smaller extents by members
of the weaker sections, slum dwellers, low and middle income group people etc.
5. Accordingly, the Chief Commissioner of Land Administration, A.P.
Hyderabad in is letters ninth to eleventh read above has submitted draft policy for
Transfer of Rights to certain specified categories of occupants of unassigned
Government Lands, for orders of Government
6. The Government, after careful examination hereby approve the Polity viz.,
“TheAndhra Pradesh Transfer of Rights to certain specified categories of occupants
of Unassigned Government Lands, 2008” and issue the following comprehensive
set of guidelines for Transfer of Rights to certain specified categories of occupants
of unassigned Government Lands in the context of longstanding occupation of
smaller extents by members of the weaker sections, slum dwellers, low and middle
income group people etc. by way of structures or otherwise;-
1) SHORT TITLE
This policy is called “The Andhra Pradesh Transfer of Rights to certain
specified categories of occupants of Unassigned Government Lands, 2008”
2) SCOPEAND EXTENT
This policy will govern Transfer of Rights to certain specified categories of
occupants of Unassigned Government Lands. This policy shall supercede all
existing G.Os and instructions pertaining to regularization of occupation of
Government lands.
3. TYPES OF LANDS COVERED
This policy shall cover Transfer of Rights to certain specified categories of
occupants of Unassigned Government Lands
4. DEFINITIONS;
a) Occupation: The term ‘occupation’ shall mean occupation on or before
31.12.2003 by way of structure or otherwise
b) Below poverty Line(BPL) persons; A person shall be treated to be
Below Poverty Line category, if he has a “While Ration Card”.
c) Above poverty Line (APL) persons: A person shall be treated as Above
Poverty Line category, if he does not have a “While Ration Card” or a person who
seek Transfer of Rights, in excess of 200 square yards
5. MANNER OF ESTABLISHING OCCUPATION;
The manner of establishing occupation shall be by production of any of the
following documents;-
a. Registered document of purchase
b. Electricity connection
c. Construction permission from a Local Body/ Competent Authority
d. Receipt of payment of property tax
e. Water supply connection document
f. House hold supply card
34
g. Telephone connection document
(Note; The above mentioned documents must be in the name of the applicant)
6. DATE OF OCCUPATION;
Date of occupation shall be taken to be the earliest of the dates mentioned
in the documents furnished under clause (5) above, in the name of the applicant
7. Transfer of Rights will be considered only for cases where applications in
the prescribed format are filed before the District Collector concerned before the
last date prescribed for receipt of such applications (Format of Application is
appended to this order)
8. Last date prescribed for submission of applications is 30.6.2008
9. OMPETENTAUTHORITY FOR TRANSFER OF RIGHTS;
The District Collector concerned shall receive all applications for Transfer
of Rights in respect of Unassigned Government lands and conduct a detailed
inspection through the Mandal/Divisional Authorities. After finalizing the eligibility
of the applicants, Transfer of rights shall be done as per the following criteria.
i) applications for Transfer of Rights upto an extent of 250 square yards be
scrutinised by the Committee at District level under the chairmanship of
District Collector and final orders of Transfer of Rights will be issued by
the District Collector concerned duly following procedure as per the policy
ii) applications for Transfer of Rights above 250 square yards shall be sent
to the Chief Commissioner of Land Administration, A.P. Hyderabad by
the Collector. These proposals shall be scrutinized by the Committee
constituted under the chairmanship of the Chief Commissioner of Land
Administration, A.P. Hyderabad. The Chief Commissioner of Land
Administration, A.P. Hyderabad shall issue orders for Transfer of Rights
upto an extent of 500 square yards and the proposals above 500 square
yards shall be sent to the Government
iii) all the applications for Transfer of Rights above 500 square yards shall
be sanctioned by the Government and orders will be communicated to
Chief Commissioner of LandAdministration,A.P. Hyderabad and Collector
concerned for implementation
10. GENERALDIS-QUALIFICATIONS FOR TRANSFER OF RIGHTS
i. All Transfer of Rights will have to be in conformity with applicable
Acts & Rules
ii. No Transfer of Rights shall be done in violation ofA.P. Land Reforms
(COAH) Act, 1973 and
Urban Land (Ceiling & Regulation) Act, 1976
iii No Transfer of Rights shall be effected in respect of the following
cases;-
a) Sites affected under the alignment of Master plan/ Zonal
Development plan/ Road
Development plan
35
b) Constructions which have come up in ‘open spaces’ of approved
layouts
c) Constructions made an alignment of Nalas, Sikhams, Water
bodies, Grave yards, Foreshore
or FTL areas of drinking water tanks and treatment areas
d) Constructions on sites earmarked for Townships
e) Areas earmarked for treatment plants, Green belts, buffer zone
etc
f) Sites located in vicinity of heritage buildings
g) Sites falling under the alignment of MRTS
h) Sites falling under MFL of rivers
i) Constructions not in conformity with the provisions of the Master
plan
j) Sites required for public purpose
k) Lands, which in the opinion of the committee are highly valuable
and cannot be considered
for Transfer of Rights
l) Public foot paths
iv. There shall be a surcharge of 25% on the amount payable for
Transfer of Rights of occupations
in certain prime areas to be notified by Government.
11. GENERAL NORMS REGARDING TRANSFER OF RIGHTS
A) Calculation of amount payable;-
The Transfer of Rights shall be effected on payment of the amount prescribed
in the Matrix shown below;
Matrix for determination of amount payable for Transfer of Rights for
unauthorized occupation
‘B’= Basic value. Basic value shall be taken as on 31.12.2003
Area Above Poverty Below Poverty Line (BPL)
(in Sq.yards) Line (APL) Alienable Non-alienable
1 to 80 B 0.25 B Free of cost
81 TO 200 B 0.50 B —
201 TO 500 1.25 B 1.25 B —
501 TO 1000 1.5 B 1.5 B —
1001 TO 1500 2 B 2 B —
1501 TO 2000 3 B 3 B —
Note; i. The amount will be calculated on telescopic principle.
ii. Time Factor: Depreciation at 3% per annum, subject to a maximum
depreciation of 75% (No depreciation will be admissible for more than 25
years)
36
iii. The maximum area in respect of which Transfer of Rights can be effected
is 2000 sq.yards. Lands in excess of this area shall be resumed to
Government in accordance with law.
iv. Wherever the maximum area in respect of Transfer of Rights effected
under this provision exceeds the ceiling limit prescribed for the respective
Urban Agglomeration, such excess extent over and above the ceiling
limit shall be exempted as a matter of policy under section 20 (i) (a) the
Urban Land (Ceiling and Regulations) Act, 1976, simultaneously while
issuing orders of Transfer of Rights.
v. Government may exclude certain highly valuable lands from the operation
of this policy by notification.
vi. In cases where there is a dispute between Government and private party/
parties over the title/ ownership of a piece of land or structure which
is pending in either Land Grabbing Court or High Court or in other Courts
and if the party comes forward with a request for Transfer of Rights, the
same shall be considered subject to condition that the case in the Court
shall be withdrawn and the party/ parties gives an undertaking to pay the
amount as fixed by the Government for Transfer of Rights of such lands.
B. Transfer of Rights in respect of Below Poverty Line (BPL) families shall be
done in the following
manner:
i) Issuance of assignment patta (with prohibition of alienation) for the land
on free of cost
OR
Allotment order (with right to alienate the land) on payment of an amount
equal to that shown in the Matrix above.
ii) In case of Transfer of Rights by an allotment order, the Collector
concerned shall execute a Deed of conveyance in favour of the allottee.
Registration and Stamp Duty shall be paid by the allottee
iii) Transfer of Rights in case of encroachment shall be done only in the
name of one member of the family (with reference to the name in the
document produced)
iv) A person who seeks Transfer of Rights for an extent in excess of 200
Sq.yards shall be deemed to be from the Above Poverty Line (APL)
category
C. Transfer of Rights in respect of Above Poverty Line (APL) families shall be
done in the following
manner;-
i. Allotment orders (with right to alienate the land) on payment of an amount
equal to what is given in the Matrix above.
ii. The Collector concerned shall execute a Deedof conveyance in favour of
the allottee. Registration and Stamp Duty shall be paid by the allottee
37
iii. Transfer of Rights in case of encroachment shall be done only in the
name of one member of the family (with reference to the name in the
document produced)
iv. Pro-rata as applicable towards payout fees, building approval and
betterment shall have to be paid unless already paid.
12. All other unassigned Govt.lands shall be resumed to Government for public
purpose
13. The payment of amount as determined by the Competent Authority, will be
made in four equal
quarterly instalments with the first within a period of 30days of issue of
Transfer of Rights order.
1. In the case of cooperative Society, the application for Transfer of Rights
can be done by Society or by an individual member
2. The Basic Values shall be taken as on 31.12.2003 for calculating as per
the Matrix above
7. The Chief Commissioner of LandAdministration,A.P. Hyderabad is requested
to issue suitable instructions to all the District Collectors in the State for
implementation of the Policy Guidelines viz., “TheAndhra Pradesh Transfer
of Rights to certain specified categories of occupants of Unassigned
Government Lands, 2008’ immediately.
8. This order issues with the concurrence of Finance (Exp.Rev) Department
vide their U.O No.002/Fin.Exp.Rev/2008, dt. 18.1.2008
(BY ORDERAND IN THE NAME OF THE GOVERNOR AFANDHRAPRADESH)
M.SAMUEL
PRINCIPAL SECRETARYTO GOVERNMENT
FORMAT
(Appendix to G.O. Ms.No.166 Revenue (Assignments POT) Dept, dt. 16.2.2008)
APPLICATION FOR TRANSFER OF RIGHTS TO CERTAIN SPECIFIED
CATEGORIES OF UNASSIGNED GOVERNMENT LANDS OCCUPIED
UNAUTHORISEDLY IN TERMS OF G.O.MS.NO.166 REVENUE
(ASSIGNMENTS.POT) DEPARTMENT, DATED; 16.2.2008
1. Name of the occupant :
2. Father’s / Husband’s Name :
3. PresentResidential Address :
4. Details of the Unassigned Govt.lands occupied by
encroachment;- :
a) Survey No., Village/Ward No :
b) Extent of Land occupied :
c) Date from which occupied
(proof to be produced) :
d) Nature of occupation;-
i) Area covered by Residential & Structure :
ii) Open Area :
38
(Note:Enclose any one of the documents mentioned at para 5 of the G.O in support
of above encroachment)
5. Particulars of Notices, if any received by the
occupant from the competent Authorities :
6. Details of proceedings pending against the applicant
under the Land Encroachment Act or under Land
Grabbing (Prohibition)Act :
7. Details of Civil Dispute pending if any, in any Court of
Law :
8. In case of Below Poverty Line (BPL) people, shall
produce a Xerox copy of the White Ration Card
for claiming benefit under this scheme :
DECLARATION
I ____________________ S/o/ H/o of Sri/
Smt.___________________________
declare that the information furnished above is correct. I am willing to get transfer
of Rights to my possession on free of cost/ by payment the basic value as per the
Matrix as on 31.12.2003 as fixed by the competentAuthority under G.O. Ms.No.166,
Revenue (Assn.POT) Department dt. 16.2.2008.
Place:
Date:
SIGNATURE
(Name in Block letters)
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Government lands- Transfer of Rights on certain occupations/ encroachments of
specified categories of Unassigned Government lands situated in the State by way
of structures or otherwise, on payment basis- constitution of Committees at District
level/ Chief Commissioner of LandAdministration level-Accorded – Orders- Issued
--------------------------------------------------------------------------------------------------------------------
----------------------
REVENUE (ASN.POT) DEPARTMENT
G.O. Ms.No.370 Dated; 19-3-2008
Read the following;
1. G.O. Ms.No.166, Revenue (Asn.POT) Dept, dt. 16.2.2008
2. Govt. Memo.No.71157/Asn.POT/2007, dt. 26.2.2008
3. From the Chief Commissioner of Land Administration,A.P. Hyderabad Lr.
No. B1/2020/2007,
dt. 3.3.2008
ORDER;
In the G.O first read above, Government have issued orders, framing certain
Policy Guidelines for Transfer of Rights to certain specified categories of occupants
39
of unassigned Government lands in the context of longstanding occupation of smaller
extents by members of the weaker sections, slum dwellers, low and middle income
group people etc. by way of structures or otherwise.
2. In his letter third read above, the Chief Commissioner of LandAdministration,
A.P. Hyderabad has furnished proposals for constitution of two committees, one at
the level of the Chief Commissioner of Land Administration, A.P. Hyderabad and
the other at the level District Collector in terms of the G.O 1st
read above.
3. Government after careful examination of the proposal of the Chief
Commissioner of LandAdministration,A.P. Hyderabad hereby constitute the following
two committees;
1) DISTRICT LEVEL COMMITTEE :
1 District Collector Chairperson
2 Joint Collector Member-convenor
3 R.D.O of the concerned Division Member
4 Commissioner, Municipality /Urban DevelopmentAuthority,
where such authority exists Member
5 Superintending Engineer, Road & Buildings /Superintending
Engineer, Irrigation Department Member
6 District Panchayat Officer Member
7 District level officer of the concerned department to which the
land belongs Member
8 District Registrar, Stamps and Registration Member
9. Assistant Director, Survey, Settlements & Land Records
Member
of the concerned District.
2) COMMITTEE AT THE LEVEL OF CHIEF COMMISSIONER OF LAND AD-
MINISTRATION, A.P. HYDERABAD:
1. Spl. C.S.& Chief Commissioner of LandAdministration, Chairperson
Hyderabad
2. Vice-Chairman & Managing Director, HUDA, HyderabadMember
3. Commissioner of Greater Hyderabad Municipal Corporation of
Member
his Representative
4. Special Officer & CompetentAuthority, Urban Land Ceilings
Member
of the area concerned
5. Head of the Department of the concerned Department whose
Member
land is involved in regularisation.
6. Joint Collector of the concerned District. Member
7. Commissioner, Panchayat Raj Member
8. Commissioner, Municipal Administration Member
9. Commissioner & Inspector General, Stamps and Registration
40
Member
10. Secretary to Chief Commissioner of LandAdministration
Member-Convenor
4. As per par 6(9) of the G.O. first read above, the District Collector concerned
shall receive all applications for Transfer of Rights, in respect of Unassigned
Government Lands and conduct a detailed inspection through the Mandal / Divisional
Authorities and finalise the eligible applications. The District Collector shall segregate
the eligible applications into three categories (i) upto 250 Sq.Yards (ii) between 250
and 500 Sq. Yards (iii) above 500 Sq. Yards. The district Collector shall place the
eligible applications upto 250 Sq. Yards before the District level Committee No.1,
constituted at kpara (3) above, for its scrutiny and as per the decision of the Committee
the District Collector concerned shall issue final orders of Transfer of Rights, in the
cases of land encroachments upto the extent of 250 Sq.Yards, duly following the
procedure, as per Policy Orders issued in G.O.Ms.No.166, Revenue (Asn.POT)
Department, dt. 16.02.2008.
5. The Distarict Collector shall forward the eligible applications for Transfer of
Rights of the land encroachments to the extent of 251 Sq.Yards and above to the
Chief Commissioner of LandAdministration,A.P, Hyderabad for taking further action.
6. The Chief Commissioner of LandAdministration,A.P, Hyderabad shall place
such applications before the Committee No.2, constituted at para (3) above, for
scrutiny and recommendation. After obtaining the recommendations of the
Committee, the Chief Commissioner of LandAdministration shall issue final orders
of Transfer of Rights, in the cases of land encroachments above the extent of 251
Sq.Yards and upto the extent of 500 Sq.Yards, duly following the procedure, as per
Policy Orders issued in G.O.Ms.No.166, Revenue (Asn. POT) Department, dt.
16.02.2008.
7. The Chief Commissioner of LandAdministration,A.P, Hyderabad shall forward
the applications for Transfer of Rights of the land encroachments above the extent
of 501Sq.Yards along with recommendations of the Committee No.2, to the
Government, for issue of final orders.
8. All the District Collectors and the Chief Commissioner of LandAdministaration,
A.P, Hyderabad are requested to take further action accordingly.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OFANDHRA PRADESH)
M. SAMUEL
PRINCIPALSECRETARYTO GOVERNMENT
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Unassigned Government lands – Transfer of Rights on certain occupations /
encroachments of specified categories of Unassigned Govt. lands situated in the
State by way of structures or otherwise, on payment basis – Policy Guidelines
framed – Notification of Prime value areas in Ranga Reddy District under the
provisions of Para 6 (10) (iv) of G.O. Ms. No. 166 Revenue (Asn.POT) Department
Dt. 16-2-08 – Orders - Issued.
41
--------------------------------------------------------------------------------------------------------------------
----------------------
REVENUE (ASSN. POT) DEPARTMENT
G. O. Ms. No. 1229 Dated 23-10-2008.
Read the following:
1. G.O. Ms. No. 166 Revenue (Asn. POT) Department. Dt. 16-2-08.
2. From the Collector, Ranga Reddy District Lr. No. E5/1400 Dt. 15-3-2008.
3. From the Collector, Ranga Reddy District Lr. No. E5/1400 Dt. 25-8-2008.
O R D E R:
In the G.O. 1st read above, orders have been issued framing certain
guidelines for Transfer of Rights on certain occupations / encroachments of specified
categories of Unassigned Government lands situated in the State by way of structures
or otherwise, on payment basis.
In the circumstances reported by the Collector, Ranga Reddy District in
his letters 2nd
and 3rd read above, after careful consideration of his proposals,
Govt. under the provisions of Para 6 (10) (iv) of G.O. Ms. No. 166 Revenue (Asn.
POT) Department. Dt. 16-2-08, hereby notify the following areas of the Ranga Reddy
District as Prime Value areas.
SL. NO. NAME OF THE MANDAL NAME OF THE VILLAGE
(AREA)
1. Rajendranagar 1.Narsingi
2. Kokapet
3. Bandlaguda
4. Hydershakote
5. Peeramcheruvu
6. Neknampur
7. Budvel
8. Upperpally
9. Attapur
2. Balanagar 1. Bagh Ameeri
2. Hasmathpet
3. Moosapet
4. Allapur
5. Begumpet
3. Uppal 1. Kothapet
2. Nagole
3. Uppal Khalsa
4. Uppal Bagath
5. Habsiguda
6. Nacharam
4. Qutubullapur 1. Nizampet
2. Bachupally
42
3. Bowrampet
4. Dundigal
5. D.P. Pally
6. Doolapally
7. Bahadurpally
(GHMC LIMITS)
1. Jeedimetla
2. Suraram
3. Gajularamaram
4. Qutubullapur
5. Malkajgiri 1. Malkajgiri
2.Alwal
3. Kowkur
6. Serilingampally 1. Gopannapally
2. Izzatnagar
3. Khajaguda
4. Chandanagar
5. Maktha Mahaboobpet
The Spl. C.S & Chief Commissioner of LandAdministration,A.P., Hyderabad
/ Collector, Ranga Reddy District shall take necessary further action in the matter.
(BY ORDERAND IN THE NAME OF THE GOVERNOR AFANDHRAPRADESH)
M. SAMUEL
PRINCIPAL SECRETARYTO GOVERNMENT
Govt. Memo.No. 1660/Assn.POT/2009-1 Revenue (Assn. POT) Department,
Dated : 17-2-2009
The Government issued clarrification that the orders issued in G.O. Ms. No. 166
Revenue (Asn. POT) Department. Dt. 16-2-08 are applicable to all the
unauthorized encroachments in the entire state, and not confined to any
particular area of the State.
A.P. INAMS (A&C INTO R) ACT, 1956
The Act provides to abolish the inam tenure of lands and convert them into
ryotwari lands. It applies to pre-settlement inam lands, both major and minor inams
where a grant in inam has been made, confirmed or recognised by Government, not
being an Estate. It also applies to post settlement minor inams coming under the
purview of Sec.17(1) (b) of the E.A. Act.48.
The preliminary enquiry u/s 3 empowers the M.R.O either suomotu or on
application to determine (1) whether a particular land is an inam land (ii) whether
such inam land is in a ryotwari, zamindari or inam village and (iii) whether such inam
land is held by an institution.
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Revenue acts

  • 1. 1 ALIENATION Alienation of land means grant of State land for bonafide public purposes to a person, institution or local body either free of cost or on payment of full or concessional market value. Applications have to be made in the form prescribed inAppendix XXIX to B.S.O 24 The provisions contained in B.S.O. 24 and the instructions issued by the Government from time to time have to be followed. For alienation of land within the Municipal areas the resolution of the Municipal Council / Corporation is necessary. Government have issued instructions on the allotment of lands to the following. 1. Municipal Councils : G.O.Ms.No. 216, Rev.Q Dept 19-2-76 2. Zilla Praza Parishads : G.O.Ms.No. 268, Rev. Q Dept. 6-3-76 3. M.P.Ps and Grampanchayats : G.O.Ms. No. 268, Rev. Q Dept. 23-2-78 G.O.Ms. No. 812, Rev. Q Dept. 23-2-78 4. Housing Board : G.O.Ms. No. 633, Rev. Q Dept 5-5-82 The lands alienated can be resumed in case of voilation of any of the conditions of the grant. POWERS OFALIENATION : Competent To Local Bodies Companies, Industries, Private Authority i.e., Gram Panchayats, Mandal A s s o c i a t i o n s Corporations and Parishads, ZPs, Municipalities, Individuals Municipal Corporations 1. Collector Market Value Rs. 25000 or 1. For individuals Market Value upto Ac 0.50 Cents or 0.20 guntas upto Rs. 10,000/- and upto whichever is less. Acs 0-25 Cents orAc 0.20 guntas whichever (G.O.Ms. No. 635 Rev.Dt. 2-7-1990) is less. (G.O.Ms.No. 635 Dt. 2-7-1990) 2. For Industrial use Ac. 2-00 (Two acres) or Market values Rs. 2 lakhs (G.O.Ms. No. 252 Dt. 9-4-98) 2. C.C.L.A. Market Value beyond Rs. Ten lakhs 1. For individuals
  • 2. 2 Market Value of (Chief Commissioner or aboveAc. 10.00 whichever is less Rs. 5.00 lakhs and uptoAc. 5.00 LandAdministration) (G.O.Ms. No. 635 Rev.Dt. 2-7-1990) whichever is less. 2. Industrial purpose Rs. 10 lakhs and up to AC 10.00 (G.O.Ms. No. 252 Dt. 9-4-98)ßßß 3. Government : All other cases (G.O.Ms. No. 635 Revenue (Assignment. III) Department dt. 2-7-1990) The Collector and the Chief Commissioner, LandAdministration are empowered to permit to enter the land. No land shall be alienated to any person without the orders of the Government irrespective of its value. Proposals for grant of land to individuals for services rendered to the State, or to be performed to the community, shall be submitted to Government. Patta lands can be acquired on payment of compensation under the provisions of L.A. Act for educational or other bonafide public purposes. After acquisition, such land shall be alienated to the Requisitioning institution /Association concerned through an order under B.S.O. 24 para 6(ii). The Government have instructed that except lands forAgricultural purposes all other cases should be referred to Government. Procedure for Alienation of State Land : On receipt of application for alienation of land, the land should be identified and if it is free from encroachments and if it is not proposed for other purposes previously :- A-1 notice calling for objections within 15 days should be published in the village and also served on the Local Body concerned. Objections received, if any, shall be disposed off on merits. If the land applied for belongs to any department other than the Revenue Department, it should be got handed over to the Revenue Department first before alienating the land. If it is within a belt of one mile to the town-ship, Heads of Departments and Housing Board are to be consulted. The following records duly attested by MRO are to be enclosed to the alienation proposals : i) Application in prescribed form (BSO 24Appendix XXIX) ii) Resolution of the local body agreeing to the alienation. iii) Scrutinised sub division record in triplicate. iv) Combined sketch showing the land applied for alienation and the adjoining lands. v) Check Memo duly answered. vi) Extract of ‘A’ register / Settlement Fair Adangal and V.A. No. 3.
  • 3. 3 vii) Note on the valuation of the land with registration statistics and statistics from basic valuation register. viii)Tree valuation statement if there are standing trees. ix) Consent statement of the applicant agreeing to pay the value of the trees and structures on the land. x) Permission of the Railway or Port Authorities, as the case may be, if the land is situated within half a mile from railway line or port limits. xi) Consent letter of the applicant to pay the cost of Acquisition, if the land applied for was previously acquired at the expense of the Government. xii)Application for waiver of land Revenue if the alienation is for non-remunerative purpose (BSO.Appx XXX) xiii) In Municipal areas the consent of the Municipal Commissioner. xiv) Notes of Inspection NB : (1) With regard to alienation of tank bed lands or other irrigation sources the procedure prescribed by the CCLA should be followed. The alienation proposal should be accompanied by check Memo. (2) After issue of orders by competent authority, after handing over possession of the land on collection of land value if any, the changes in the Mandal / Village records have to be incorporated. (3) It is also to be checked, cases of alienation done in the past were incorporated after duly verifying the state of things on ground, and inform the Collector. Transfer of State Govt. Lands : A) Under B.S.O. 22 Para 8, the Collectors are empowered to transfer Govt. lands from one Dept. to another subject to the following conditions : 1) That there are no requests for the land from another Govt. Dept. besides the one to which it is proposed to be transferred; 2) That the land is not transferred to a Commercial Govt. Dept., 3) That only vacant land is involved 4) That in every case, where the land is taken away from the Control of one Dept. to another, the consent of the Head of the Dept. concerned is obtained before the transfer is effected; and 5) That the competent authority, viz., the Collector ensure that the purpose for which the land is transferred is fulfilled in a reasonable time otherwise the orders of the transfer should be revoked and the land can be resumed by the Rev. Dept. B) Under B.S.O. 23 para 1, the Collectors are empowered to transfer State Govt. lands to Railways and other Central Govt. Depts. for bonafide purpose upto value of Rs. 25,000/- or upto Ac. 0-50 cts. whichever is less (G.O.Ms.No. 635, Rev. Asn. Dept., Dt. 2-7-90) on permanent basis on payment of M.V.
  • 4. 4 ASSIGNMENT Assignment of Govt. land means grant of land at the disposal of Government to individuals / Institutions and firms either on payment of value or free of cost. B.S.O. 15 contains the basic rules and regulations. Govt. lands which are classified as Assessed and unassessed waste lands which are prima facie unobjectionable for assignment and porambokes which are prima facie unobjectionable can be assigned after duly following the prescribed procedure. The following categories of lands are prohibited from assignment. 1. Tank beds, foreshore of tank beds, cattle stand, burial grounds, grazing grounds, lands reserved for depressed classes or for any public purpose. 2. Watercourse porambokes, lands in the vicinity of reserved forests, lands containing topes or valuable trees, lands within cantonment limits, lands reserved u/s 26 of Forest Act, lands within Port limits, lands in the vicinity of Railway Stations,Aerodromes or landing grounds, lands containing minerals, quarries etc., lands within the flood banks of rivers padugais. 3. Govt. lands in towns, municipalities, Dist.Hqrs. And within periphery of one mile (G.O.Ms.No. 1122, Rev.29-6-61, read with G.O.MMs.No.1409, Rev. dt.(19- 8-78). 4. Assignment / alienation of tank bed lands should not be done without prior permission of CCLA / Government. 5. Assignment / Alienation of Govt. lands free of cost to State undertakings / public institution, coop institutions market committees is prohibited vide G.O.Ms.No.700, Rev 20-6-86. Lifting of Ban : 1. The ban on assignment of Govt. lands at mandal headquarters within 2 Kms from their periphery is lifted (G.O.Ms.No.634 dt.2-7-90.) 2. The ban on assignment of Govt. lands, within 5 Kms from High Water mark is lifted (G.O.Ms.No.625). dt.(29-6-90) 3. The exiting concession of granting land free of cost to Gram Panchayats, M.P.Ps and Municipalities will be continued. Competence : The authority competent to assign the lands is the Mandal Revenue Officer upto 2.5 acres of wet land or Ac.5.00 of dry land to land less poor persons.All other cases should be referred to the appropriate authority for orders, basing on the value of the land.
  • 5. 5 Land less poor : The Govt. have recently issued orders defining the land less poor person as follows : Landless poor person is one who does not own or has share in ancestral or acquired land in excess of Ac.2.50 of wet land or 5.00 of dry land and also person engages in agrl. Operations having a total income of less than Rs.6,000/- per annum including the income of all family members. The term family members does not include Married son for the purpose of assignment though they may be staying at parental abode under the same roof. [G.O.Ms.1019, Rev..(Asn.l) Dept. Dt. 5-10-94] In addition the following persons are eligible. 1. Ex.Toddy tappers. 2. Backward communities/Weavers 3. Jawans discharged on compassionate/Medical grounds after 5 years of service. 4. Serving soldiers 5. Coop. Societies consisting of landless poor persons 6. Political sufferers. Political sufferers Persons who have participated in one of the 8 freedom movements organised by the Indian national Congress remained underground but did not suffer imprisonment provided they were proclaimed offenders of those on whom the award of arrest was announced but were not arrested or persons whose detention orders were issued but not served for a period of not less than 6 months and also Martyrs be declared as political sufferers for the purpose of assignment of Govt. lands under the scheme. List of political sufferers was already compiled by the District Collectors. It has to be ensured whether the applicant is registered in the list of political sufferers and if so whether the applicant is allotted land previously before considering the request and processing it. Political sufferers are eligible for assignment of Govt.. Land upto Ac.5.00 of wet or Ac. 10.00 of dry land (G.O.Ms.No. 946 Rev. Dept. Dt. 26-7-79) Govt. in G.O.Ms. No. 185 Rev. Department dated 11.3.1997 issued the following revised guidelines for assignment of lands to the political sufferers. 1. Agricultural land in Visakhapatnam, Hyderabad and Rangareddy district cannot be assigned to Freedom fighters as the land in these districts is required for Government purpose. In other districts, wherever land is available, it will be assigned as per existing scales/rules. 2. Assignment of land for agricultural purpose shall not be considered unless the land is available in the native village of the Freedom Fighter, where it is not required for any public purpose and house sites. 3. Assignment of land for house sites will be made to persons (ie. individual freedom fighters), but not to the Society of Freedom Fighters. The house site
  • 6. 6 pattas are heritable. The Freedom Fighters are not entitled to alienate the lands within ten years. Requests of the spouse of the freedom fighter, who expired may be considered later. Children/legal heirs of the freedom fighters are not eligible for allotment of house sites. 4. A maximum extent of 300 Sq. Yards may be allotted as house site to the freedom fighters anywhere in the State. Orders Sanctioning freedom fighter’s pension may be taken as the basis for allotment of house sites. Fresh Jail Certificates need not be insisted upon. 5. For the purpose of allotment of house sites, the region may be taken as a unit instead of District i.e. a freedom fighter can apply for house site in his native region (Telangana,Andra or Rayalaseema). 6. Transfer of names of freedom fighters from their respective districts to districts like Visakhapatnam Rangareeddy and other urban areas shall be banned. Amendment to B.S.O 15-10-2. Among landless poor applicants preference shall be given to landless persons. As between Sivaijamadar and non-sivaijamadar a sivaijamadar local resident agricultural labourer who is dependant on agriculture only and who owns no land at all except the land under occupation shall be given preference. The land holding of the existing sivaijamadars shall be given preference. The Land holding of the existing sivaijamadars who are in possession of Ac.2.50 of wet or Ac.5.00 of dry including the land owned by the family can be regularised and sivaijamadars who are in occupation of the land over and above the limits should be evicted and the land assigned to landless poor persons. Wet: Agrl lands which are under projects and which receive water from Govt. irrigation source for a period of not less than 5 months in a fasli year shall be treated as “Wet”. All other lands shall be treated as dry. Amendment to B.S.O 15 para - 1. The M.R.O is competent to assign lands to landless poor applicants subject to the limit specified in B.S.O 15-2-11. Amendment to B.S.O 15-10-1. Eligible landless poor persons within the Mandal limits can be considered. The requirement of residence of the applicant in the village where lands assigned are located need not necessarily be taken as a sole requisite for determining eligibility. Among the eligible land less preference to landless poor of adjoining villages and third to the land less poor persons within the Rev. Mandal. Assignment - Procedure 1. Application on plain paper can be accepted and entered in Dharakhast register. 2. The land applied for should be verified whether it is prima facie available & eligible. 3. A. 1 notice should be published. 4. After the publication, A. Memorandum should be prepared by the M.R.I. and sent in duplicate with A.I notice. and a sketch.
  • 7. 7 5. The resolution of Gram panchayat should be obtained. 6. In case of poramboke land ayan conversion proposals have to be sent to R.D.O. Concerned. 7. In case of trees and structures on the ground, notice in Form C.I for recovery of value of trees/structures shall be served on the applicant. Lands assigned are subject to the conditions laid down by the Govt. and as prescribed in B.S.O. The land assigned is heritable but not alienable. The assignment is liable for cancellation on violation of conditions. Appeals : From every original decision of assignment of the M.R.O., appeal is allowed within 30 days to the Divisional Officer and Collector respectively and within 40 days from the date of decision of the Collector to the CCLA. A revision to the Collector against the orders of R.D.O in appeal is also allowed. All appeals should be stamped with court fee label of Rs.5/-. House sites : 1. Procedure laid down in B.S.O.21 has to be followed; 2. All applications should be entered in Village Registers and Mandal registers in the form prescribed inAppendix XVI and XXI respectively; 3. Notice of 15 days in Form XV to be published by Village Secretary 4. Report in Appendix XVI in duplicate with the published copy of notice to M.R.O. by Village Secretary 5. The M.R.O. should send a copy of Village Secretary report to local body for its opinion within 2 months and objections raised by it should be considered; and 6. If the application is allowed by the M.R.O. he has to issue an order inAppendix XIXorXXorXXIV.Theseordersshouldberegisteredintheprescribedregisters. (B..S.O. 24, B.S.O. 15 (15 to 20) Selection of Beneficiaries : Openly in Grama Sabha, Layout and list of Beneficiaries should be approved by R.D.O. Grant of house site pattas to eligible encroachers in unobjectionable areas in Municipalities and Towns is governed by G.O.Ms.No.361 Rev (L) Dept. Dt.15-4-89 as amended in G.O.Ms.No.641 Rev. (Assignments-II) Dept. dt.3-7-90. The norms prescribed are: 1. Period of occupation of atleast 5 years; 2. Pattas will be given in the name of Women; 3. Owners of houses who let out to Tenants are not eligible but in such cases only tenants in occupation should be the beneficiaries; 4. Encroachers who own another dwelling unit or site elsewhere are not eligible; 5. Area of limit for assignment free of cost shall be 50 Sq yards. Relaxable upto 140 Sq Yards in specific cases for specific reasons;
  • 8. 8 6. Area in excess of 140 Sq Yards should be regularised on payment of Market Value and Development charges where eviction is not feasible; 7. Occupiers of residential huts only in objectionable areas, are eligible for alternative accommodation. The provisions of Act IX of 1977 (The A.P. Assigned Lands (Prohibition of Transfer) Act shall apply to the grants of house sites, in view of the amendment issued to B.S.O.21 for the existing condition(9) in form ofAssignment of House Site Patta to the effect that the assignment of land for House Site Patta is heritable but not alienable. Assignment Review Committee : Reconstitution ofAssignment Review Committee as per G.O. Ms. No. 146 Revenue (L. Ref) Department, dated 05-02-1996 read with G.O.Ms. No. 16 Revenue (L. Ref. I) Department dated 17-012005 and G.O.Ms. No. 98, Revenue (L. Ref. I) Department dated 17-01-2005. 1. MLA of the constituency Chairman 2. Revenue Divisional Officer/Sub-Collector/Asst. Collector Member 3. Three social workers of the Assembly constituency a) One from SC/ST b) One from BC/Minorities c) One from other category (one among them shall be women) Member 4. Respective Mandal President, ZPTC, Municipal Chairperson Member (they will be invited if lands of that Municipality are involved) 5. One representative each from the re-cognized National/State Political Parties who contested in the last General Elections in that Constituency and who has secured not less than 10% votes Polled. Member 6. Mandal Revenue Officer whose jurisdiction comprises the areas included in the constituency for their respective areas of assignment of land. Member-Secretary The Chairman, DDRC will nominate the three members at item No. 3 above. The duties and functions etc., of the above committee shall be as annexed to GO. CREATION OF LAND BANK GOVERNMENT OF ANDHRA PRADESH ABSTRACT Provision of Shelter in Urban and Semi UrbanAreas - Effective management of Land Resource - Creation of Land Bank - Orders - Issued. REVENUE (ASSIGNMENT-I) DEPARTMENT G.O.Ms. No. 242 Dated : 28-02-2005 O R D E R : The Government have identified that there is an urgent need for prudent management of the land resource located in urban and semi urban areas. With the
  • 9. 9 growing urbanization, the demand for land for housing need has become accentuated and many private persons are engaged in land development. They resorted to tactics for artificial escalation of the prices of the land and thereby owning a plot for housing is becoming increasingly difficult for the employees, middle class citizens and poor. It is also found that some unscrupulous elements have grabbed the Government land or selling the Government lands with false documents, thereby duping the public. 2. Providing shelter is amongst the top priorities of the Government. There are well defined schemes for providing housing for the poor. In so far as meeting the requirement of the other deserving sections of the society, there is no fixed policy and mechanism for alienation of land to such sections and allotment was done case by case, for the land identified. Therefore, Government have decided to have a comprehensive policy of meeting housing requirement of targeted sections of society by creation of land bank and accordingly order the following: The Land Bank shall be a land resource pooled for allotment to various Housing Co-operative Societies and other target groups. The following categories of land constitute the source for Land Bank :- (a) Government land fit for housing / institution, located in and around 120 municipalities, with clear title. The land has to be within 25 K.Ms. radius for “A” Category, 15 K.Ms. for “B” category and 10 K.Ms. for “C” category Municipalities. (b) Government land available with Departments which is not being put to effective use such as Horticulture, Sericulture, Agriculture, Animal Husbandry, Roads, and Buildings, Tourism, Sick Industries etc. This land has to be resumed and put in land bank. (c) Surplus ceiling land at the disposal of the Government. (d) Endowment Lands. (e) Private lands acquired. COMPILATION OF DATA : The Revenue Department shall be responsible for collecting the details of the large chunks of the lands available in and around Municipal Corporation areas as well as other Municipalities, as per categories indicated above and making available the said data to the designated agencies of the land bank in the respective areas. After dissemination of information, a Committee consisting of local RDO, representatives of APHB APIIC and relevant UDA shall short list the land that is required and suitable for housing and other institutional needs, as per the demand for the next 20 years. COMPETENT AUTHORITY : The Collector and District Magistrate shall be competent authority to transfer the Government land to the land bank and to resume the un-utilized Government land to the Land Bank, in consultation with the concerned Departments. He shall also be competent to acquire private land for public purpose, after arriving at the
  • 10. 10 demand, and also in consultation with the agencies in charge of Land Bank. The Endowment lands shall be acquired for providing house sites to employees only by following the procedure, which is being adopted for providing house sites to weaker sections. Each category of land shall be treated as a distinct entity till alienated to the applicant. This is aimed to plough back the cost of land acquisition. MANAGEMENT OF LAND BANK : The ownership rights over the land available with the Land Bank rest with the Government. However the agencies for overall management of the land located in Hyderabad and Rangareddy Districts shall be HUDAandAPHB respectively and for other districts the APHB, concerned UDA, and APIIC under the administrative control of the concerned District Collector. These agencies are responsible to protect and develop the lands available in the Land Bank pertaining to the area of their jurisdiction and make it available for allotment. They shall maintain the data on land based on classification and make available the data for the Empowered Committee at the time of allotment of land. EMPOWERED COMMITTEE : The following Empowered Committee shall be vested with the powers to decide allotment of land appointment and usage based on hierarchy of needs and submit proposals to the Government. 1. Chief Commissioner of Land Administration ... Chairman 2. Prl. Secretary to Government, Revenue Dept. ... Member 3. Prl. Secretary to Government, Finance Dept. ... Member 4. Prl. Secretary to Government, MunicipalAdministration & Urban Development Dept. ... Member 5. Prl. Secretary to Government, Housing Dept. ... MemberConvenor 6. Secretary (Services) to Government, G.A. Deptt. ... Member In case the Municipal Administration & Urban Development and Housing Departments are headed by officers senior to the Principal Secretary to Government, Revenue Department, the Principal Secretary, Municipal Administration & Urban Development Department can depute other Secretary of his Department, who is junior; and the Principal Secretary, Housing Department can depute the Vice Chairman & Managing Director, A.P. Housing Board, to be their proxy on the Committee. The Committee can also co-opt the Commissioner of Municipal Administration, Director of Town and Country Planning and any other officer as per the need. PRICING OF THE LAND : The Empowered Committee, while, sending its recommendations for allotment of land from Land Bank in favour of Housing Co-operative Societies / Institutions, shall recommend the price to be fixed for the land proposed for allotment. While arriving at the recommended price the Empowered Committee shall take into account the acquisition cost of the land the activity of the beneficiary Institution and
  • 11. 11 demand for the land. 3. Government shall issue separate orders on the methodology to be adopted for selecting the Housing Societies / Institutions for allotment / alienation of land out of Land Bank, the conditions of allotment and on the ownership rights. (BY ORDER AND IN THE NAME OF THE GOVERNOR OFANDHRA PRADESH) DR. V.P. JAUHARI SPECIAL CHIEF SECRETARYTO GOVERNMENT GOVERNMENT OF ANDHRA PRADESH ABSTRACT Land Bank - Allotment of land for housing to various categories -Policy guidelines Orders - Issued. REVENUE (ASSIGNMENT-I) DEPARTMENT G.O.Ms. No. 243 Dated : 28-92-2005 Read the following :- 1. G.O. Ms. 589, Revenue (Asn. III) Deptt., dated 10.07.91 2. From the Commissioner of Land Revenue,A.P., Hyderabad. Letter No. B1/2212/97, dated 10.11.1997 3. G.O.Ms. No. 46, General Administration (Ser. Wel) Department, dated 24.1.2001. 4. From the GeneralAdministration (Ser. Wel) Department. U.O. Note No. 44907/Ser. Wel/2000-166, dated 24.01.2003. 5. G.O.Ms. No. 416, Revenue (Asn.I) Department, dated 18.3.2003 6. G.O.Ms. No. 242, Revenue (Asn. I) Department, dated 28.02.2005. O R D E R : In the G.O. sixth read above, orders were issued for creation of Land Bank to meet the housing and other Institutional requirements of the various sections of society. It was also ordered that separate orders would be issued pertaining to the methodology to be adopted for selecting the Housing Societies / Institutions for allotment and alienation of land out of land bank. Accordingly the following orders are issued. APPROACH : Government shall allot land for housing purpose and for institutional purpose. These two categories shall be dealt with separately.As far as housing is concerned, Government shall encourage allotment of land for house sites where the culture / feasibility of independent house exists. Land shall be allotted for construction of flats, wherever culture for flats is in existence. The decision as to allot the land for house plots/flats shall be decided based on the availability of land in the designated area.
  • 12. 12 In the Municipal Corporations of the State, Viz., Hyderabad, Warangal, Vijayawada, Guntur, Rajahmumdry, Visakhapatnam, Kurnool and Nellore, Government may alienate lands preferably for construction of flats in view of the scarcity of land. METHODOLOGY : Land shall not be allotted in favour of individual beneficiary. The beneficiaries shall have to be formed into a group or Co-operative Society for availing the facility of allotment of land for a flat / house site. A Society or a Group shall have a minimum of 12 eligible members. The applications for flat / house site shall have to made to the concerned Collector & District Magistrate. The Collectors in turn shall obtain necessary approval, for withdrawal and allotment of land from out of Land Bank, from the Empowered Committee and Government.After approval of the Empowered Committee and the Government, further action would be taken by the Collector to make the scheme operational. ROLE OF COLLECTOR : The Collector shall be the nodal authority to make the scheme operational and shall be competent to allot lands for housing purpose to Housing Society / Group at the rates stipulated, following the above outlined procedure. In so far as allotment of land to Institutions he shall submit proposals to the Empowered Committee for taking a decision in the matter. AREA ALLOTMENT : In so far as the Societies in which Judges, MPs, MLAs. All India Services Officers ofAndhra Pradesh cadre and Officers (natives ofAndhra Pradesh) of other StatescadreswhoworkedwithGovernmentofAndhraPradeshondeputation, Officers of the Government ofAndhra Pradesh and Journalists, land shall be provided in the satellite towns (of Hyderabad and Rangareddy Districts) to be developed by HUDA, APHB or other Urban Development Agency on cost basis. The land situated in Prime locations of Hyderabad and Ranga Reddy Districts will henceforth be allotted only for Government organizations, public purpose or for institutional use. Government lands located within the proposed outer ring road will not be allotted for house sites either for group of individuals or co-operative housing societies. CONVEYANCE TO INDIVIDUAL BY CO-OPERATIVE SOCIETY : On a lienation of the Government land, the Society or Group concerned in turn shall allot individual house sites / flats as the case may be to the individual members. The title of the plot or flat shall be conveyed to the members concerned by the Society through a registered sale deed. RESPONSIBILITY AND TIME LIMIT FOR DEVELOPMENT OF LAYOUT : Government land shall be alienated to the Co-operative House Building Society or Group, without any development. It would be the responsibility of the Society / Group to develop the land and to provide infrastructure facilities such as roads,
  • 13. 13 water supply, electricity, drainage etc. The time limit fixed for completion of this process shall be one year from the date of alienation of the land, failing which the land shall be resumed by the Government. CATEGORISATION FOR PRICING : i. MLAs MPs, Judges of Supreme Court and High Court,All India Service Officers ii. Accredited Journalists from recognized and registered newspapers. iii. State Government Employees and Panchayat Raj Teachers working in the State of Andhra Pradesh. iv. Recognised National and International Sports persons and eminent persons in the field of Culture and Arts. v. Defence Employees, Central Government employees and employees of PSUs. vi. Widows of Kargil and other war heroes and extremist violence who are hailing fromAndhra Pradesh. vii. Weaker Sections. viii. Institutions - Educational / Charitable / Religious etc. The land shall be allotted to the categories figuring at Sl.No. i to iv at the basic value of the land, for category v and vii at prevailing market value; for category vi on free of cost and for category vii as per the policy of the Government vogue. The acquired land shall be alienated on cost basis, which means that the actual cost paid to the landowners shall be fixed as cost of land. CONDITIONS OF ALLOTMENT : i. The land shall be allotted in favour of Societies / Groups. It shall be the responsibility of the Societies / Groups to ensure that its members are seeking allotment of land for the first time.All the members shall have to file an affidavit stating that he/she had not received the benefit of concessional allotment from Government earlier nor he/she was a member of any society/group to which concessional allotment was made. He/she shall also give an undertaking that he/she not avail such facility in future. ii. The Societies shall complete the process of allotment of house sites within a period of six months from the date of alienation of the land. iii. A beneficiary, who is allotted a house site shall have to complete the house within a period of two (2) years from the date of allotment of house site by the Society / Group. iv. In case of flats, the Society shall be responsible for completion of construction of flats within a period of two (2) years from the date of alienation of land by the Government. This may be done directly or through any other agency agreed upon by members. v. Any beneficiary, who is allotted a house site / flat, shall not have any right to sell the same for a period of fifteen (15) years.
  • 14. 14 vi. If the Society allots open spaces available in the layout or changes layout without approval from competent authority that approved the layout, the President, Secretary and other Office Bearers of the Society are liable for punitive action and changes made if any shall become null and void. vii.In Satelite townships being developed by various urban development agencies in Hyderabad and Ranga Reddy Districts, all categories of people such as Class IV, N.G.Os, who may not be in a position to invest so much for buying a plot shall be considered for allotment of house sites at an appropriate rate. The conditions of allotment in respect of Government Employees shall be issued separately. SIZE OF PLOTS / FLATS : For the purpose of housing, the maximum size of the plot will be 500 Sq. yards and the minimum size of the plot, other than for weaker sections housing, shall be 100 Sq. yards. For the purpose of flats, the Empowered Committee shall decide the area depending upon the numbers of members of the Housing Society / Group. For allotting land to Institutions, the Empowered Committee shall make need based recommendations. The land for various categories is as follows : Sl. Category Plot SizeNo. (Sq. yards) 1. Supreme Court Judges, High Court Judges, MPs, 500 MLAs, MLCs,All India Services Officers 2. Government Employees 400 to 100 3. Journalists 300 AGENCY FOR IMPLEMENTATION OF THE HOUSING PROJECT : The Co-operative Society or Group are at liberty to decide as to whether they would like to build the houses themselves or they would like to avail the help of the organization likeAndhra Pradesh Housing Board. All the District Collectors, Spl. C.S. & Chief Commissioner of Land Administration, Secretary to Government, Housing Department, Secretary (Services), General Administration Department, Principal Secretary, Finance Department and the designated Empowered Committee for Land Bank are requested to take necessary action accordingly. (BY ORDER AND IN THE NAME OF THE GOVERNOR OFANDHRA PRADESH) DR. V.P. JAUHARI SPECIAL CHIEF SECRETARYTO GOVERNMENT GOVERNMENT OF ANDHRA PRADESH ABSTRACT Land Bank - Allotment of land for housing to Govt. Employees - Policy guidelines
  • 15. 15 Orders - Issued. REVENUE (ASSIGNMENT-I) DEPARTMENT G.O.Ms. No. 244 Dated : 28-02-2005 Read the following :- 1. G.O. Ms. 589, Revenue (Asn. III) Deptt., dated 10.07.91 2. From the Commissioner of Land Revenue,A.P., Hyderabad. Letter No. B1/2212/97, dated 10.11.1997 3. G.O.Ms. No. 46, GeneralAdministration (Ser. Wel) Department, dated 24.1.2001. 4. From the General Administration (Ser. Wel) Department. U.O. Note No. 44907/Ser. Wel/2000-166, dated 24.01.2003. 5. G.O.Ms. No. 416, Revenue (Asn.I) Department, dated 18.3.2003 6. G.O.Ms. No. 242, Revenue (Asn. I) Department, dated 28.02.2005. 7. G.O.Ms. No. 243, Revenue (Asn. I) Department, dated 28.02.2005. O R D E R : In the G.O. sixth read above, orders were issued for creation of Land Bank to meet the housing and other Institutional requirements of the various sections of society. Orders were issued in te reference seventh cited on the policy guidelines pertaining to the allotment of land to various and it was ordered that separate orders shall be issued pertaining to the conditions of allotment of Government land to Government Employees.Accordingly the following orders are issued. METHODOLOGY : Land shall not be allotted in favour of individual employees. The employees shall have to be formed into a Group or Co-operative Society for availing the facility of allotment of land for a flat / house site.ASociety or a Group shall have a minimum of 12 eligible members. The applications for flat / house site shall have to be made to the concerned Collector & District Magistrate. The Collectors in turn shall obtain necessary approval, for withdrawal and allotment of land from out of Land Bank, from the Empowered Committee and Government.After approval of the Empowered Committee and the Government, further action would be taken by the Collector to make the scheme operational. ROLE OF COLLECTOR : The Collector shall be the nodal authority to make the scheme operational and shall be competent to allot lands for housing purpose to Housing Society/ Group of employees at the rates stipulated, following the above outlined procedure. The Collector shall monitor the implementation of scheme very closely and send monthly progress report to the Government. CONVEYANCE TO INDIVIDUAL BY CO-OPERATIVE SOCIETY : On alienation of the Government land, the Society or Group concerned in turn shall allot individual house sites / flats as the case may be to the individual members. The title of the plot or flat shall be conveyed to the members concerned by the Society through a registered sale deed. CONDITIONS OF ALLOTMENT :
  • 16. 16 I. An employee should be a member of a Housing Society or Group. The employees, who are forming into a Society / Group, are advised to complete the admission of members before making an application to the Government. This would facilitate the Society to arrive at exact requirement of land, which can be calculated as per the eligibility criteria and make an application to the authorities. If some other employees are not covered by Society, they can be formed into a separate Society / Group and request for allotment. This approach would limit the post- allotment litigation to the minimum. II. The Societies / Groups shall not allot house sites / flats in respect of any other member, whose name is not figuring in the application submitted to the competent authority, for allotment. III. An employee should be an approved probationer of the Government / Local Body and he should have completed a minimum of five years service. IV. An employee should be eligible for only one Government house site or flat during his / her service. V. If both husband and wife are in government service, only one would be eligible for allotment of a Government house site / flat. VI. The allotment of individual house sites shall be completed by the Society, within a period of six months from the date of alienation of the land. VII. The Co-operative House Building Society / Group shall allot house sites or flats by draw of lots. VIII. An employee who is allotted a house site shall complete construction of the house within a period of two (2) years from the date of allotment of house site by the Society. IX. In the case of flats, the Society shall be responsible for completion of construction of flats within a period of two (2) years from the date of alienation of land by the Government. This may be done directly or through Housing Board or by any other agency agreed by the members. X. An employee who is allotted a house site / flat should not sell such site / flat for a minimum period of fifteen (15) years. XI. If the Society allots open spaces available in the layout or changes layout without approval from competent authority that approved Layout, the President, Secretary, and other Office Bearers of the Society are liable for punitive action and changes made if any shall become null and void. XII. The fact of allotment of house site / flat shall be recorded in the Service Book of the employee concerned. XII. An employee would be entitled for concessional allotment of land for only one time in his service. Each member of the Society for whom land / flat is allotted shall have to file an affidavit stating that he / she has not received the benefit of concessional allotment earlier not he /
  • 17. 17 she was a member of any society to which concessional land was allotted. He shall also give an undertaking that he / she shall not avail such facility in future. SIZE OF PLOTS / FLATS : The land shall be allotted to theAIS Officers and the employees in the following manner : Sl. Category Plot Size No. (Sq. Yards) 1. IAS, IPS and IFS Officers, borne on A.P. cadre 500 2. Non-Cadre Head of Departments, Fourth Level 400 Gazetted Officers and above 3. Second & Third level Gazetted Officers 300 4. First Gazetted 250 5. Superintendents,Assistant Section Officers, Senior175 Assistants, Telephone Operators, LD Stones, TCAs, Junior Assistants etc. and equivalent posts 6. Attenders, Record Assistants, Drivers, Shroff etc. 100 and equivalent If sufficient land is not available for allotment, the land can be divided into the plots in the ratio of 4:3:2:5:1.75:1.0 for the categories 2 to 5. AGENCY FOR IMPLEMENTATION OF THE HOUSING PROJECT : The Co-operative Society or Group are at liberty to decide whether they would like to build the houses themselves or they would like to avail the help of the organization likeAndhra Pradesh Housing Board. All the District Collectors, Spl, C.S. & Chief Commissioner of Land Administration, Secretary to Government. Housing Department, Secretary (Services), GeneralAdministration Department, Principal Secretary, Finance Department and the designated Empowered Committee for Land Bank are requested to take necessary action. (BY ORDERAND IN THE NAME OF THE GOVERNOR OFANDHRA PRADESH) DR. V.P. JAUHARI SPECIAL CHIEF SECRETARYTO GOVERNMENT HOMESTEADS Homestead means the site of any dwelling house, built by a landless agriculturist (i.e. having less than Ac. 2.5 acres of Wet or Ac.5.00 of dry land). Agricultural labourer or Artisan at his own expense or at the expense of his
  • 18. 18 predecessor and includes other area adjacent to the dwelling house necessary for its convenient, enjoyment and belonging to a land owner. Section 4 of A.P. Occupants of Homesteads (Conferment of Ownership Act 1976 (Act 21 of 1976) prohibits eviction of an occupant of a homestead who is in occupation of a dwelling house as on 14-8-75 unless the land owner proves the dwelling house was built at his expense and the occupant is a tenant. Sec. 4(3) of theAct provides for restoration of possession to an occupant of a homestead who was in occupation of a dwelling house on or after 5-10-71 but evicted before 14-8-75 by the authorised officer, M.R.O on an application made by the occupant within 6 months from 14-8-75 or suomotu at any time. U/S 5. the occupant of homestead shall become the owner of homestead and dwelling house subject to the extent of homestead shall not exceed five cents, and the right conferred is heritable but not alienable. THE A.P. ASSIGNED LANDS (PROHIBITION OF TRANSFER) ACT. 1977 (Act 9 of 1977) Act 9 of 1977 is a protective legislation which came into force on 21-1-1977. TheAct prohibits transfer of lands assigned to landless poor persons for the purpose of cultivation or as house-sites and provides for restoration of such transferred lands to the original assignees and also for punishment to the persons acquiring such lands. Sec. 4(3) of theAct prohibits transfer of any land assigned to a landless poor person by way of sale, gift, mortgage, exchange, lease or otherwise and no right or title in such assigned land shall vest in any person by way of sale, gift, mortgage, exchange, lease or otherwise and no right or title in such assigned land shall vest in any person acquiring the land by such transfer which transaction shall be deemed never to have taken place.Amortgage in favour of Central Government, or the State Government or any Local Authority or any registered Co-operative Society or any Bank shall not be regarded as an alienation. U/s 3(2) of theAct, the assignee and the purchaser are barred from entering into such transactions which, if made, shall be null and void (Sec.3(3). U/s 6, the M.R.O (Authorised officer) is empowered either suomotu on application (From-1) after making an enquiry and after the entire price in one Iumpsum or the first instalment thereof has ownership in Form - II and on the issue of such certificate free of all encumbrances w.e.f. 18-8-1975. The enquiry under this section must be full pledged one giving opportunity to both the occupant & landowner observing principles of natural justice. According to theAct 9 of 1977, the provisions of Section 3 (1) and 3(2) of the
  • 19. 19 Act shall not apply to any assigned land which was purchased by another landless poor person in good faith and for valuable consideration prior to 21-1-1977 and which is in possession of such purchaser on 21-1-1977. But theA.P. High Court has ruled out in several writ petition’s that the provisions of theAct are retrospective in operation and that the Act applies to transfers of assigned lands effected before the commencement of the Act. It was also held whether the purchaser is a landless pooractedingoodfaithandpurchasedforvaluableconsiderationhavetobedetermined with reference to date of purchase only (AIR 1980 page 198 and A I R 1980 page 257) If in any case the District Collector or the officer authorised by him (M.R.O) is satisfied that the provisions of Sec.3(1) of theAct are contravened, he shall issue a show-cause notice in Form 1 to the person in possession of the assigned lands allowing 15 clear days for making the representation. If any representation is received in time, it shall be considered and if it is held that the provisions of Sec 3(1) of the Act have been contravened, an order shall be passed, directing the V.A.O to take possession of such land (Rule 3). The land so taken shall be restored to the original assignee or his legal heirs, only once. If the restored land is again transferred by the assignee or his legal heirs, it shall be resumed to the Government for assignment to any other land-less poor person. (Sec.4(1)(b). Any order passed in revision u/s 4(b) and subject to such order the decision in appeal any order passed u/s 4(1) shall be final and shall not be questioned in any court of law and no injunction shall be granted by any officer or authority or Government in pursuance of any power conferred by or under the Act. 4(a) Appeal : (1) Any person aggrieved by an order passed by the M.R.O under sec.4(1) may within 90 days from the date of receipt by him of such order, appeal to R.D.O. (2) Any person aggrieved by an order passed by the R.D.O u/s 4(1) may within 90 days from the date of receipt by him of such order, appeal to the District Collector. 4(b) Revision : The District Collector may in respect of any proceedings not being a proceeding covered by Section 4(a)(2) on an application made to him and the Govt. may in respect of any proceedings either suomotu or on an application made to them call for and examine the regularity of such proceedings etc. and pass orders modifying, annulling, reversing or remitting for reconsideration. The District Collector / M.R.O shall furnish a copy of the order to the Registration Department whenever any land is assigned to a landless poor person (Rule 4) NB : Whenever assignment of land is ordered, a copy of the list has to be furnished to Sub-Registrar. The Registering Officer shall not register any document relating to transfer of or the creating of any interest in assigned land without prior permission of the District Collector concerned (Sec.5)
  • 20. 20 Whosoever acquires any assigned lands in contravention of Sec 3 (2) of the Act shall be furnished with imprisonment up to 6 months and with fine upto Rs. 2,000/- or with both (Sec.7(1). Any person who impedes the officer authorised to take possession of any assigned land under section 4(1) of theAct shall be furnished with imprisonment upto 6 months and fine of Rs. 5,000/- or with both (Sec.7(2). The sanction of the District Collector shall be necessary for filing prosecution under section 7 (1) and (2) of the Act (Sec.7(3). Compensatory afforestation :Utilization of forest land for other than forest purpose is prohibited. However, in case the forest land is to be utilised for major projects, the Ministry of Environments, Forests, Govt. of India may accord permission for utilisation of forest land for other purpose, provided the Department / Organisation taking up such projects, finances for afforestation in non-forest land to the extents of forest land to be utilising for other than purposes. For the purpose of compensatory afforestation the Govt. of Andra Pradesh have envisage to institute Land Bank Scheme by identifying blocks of Govt. waste lands that are suitable for afforestation, for identification of the Govt. waste land, the Govt. have constituted District Level and State Level Committee. THE ANDHRA PRADESH ASSIONED LANDS (PROHIBITION OF TRANSFERS) ACT, 1977 Whereas, the LegislativeAssembly of the State is not now in session and the Governor of Andhra Pradesh is satisfied that circumstances exist which render it necessary for him to take immediate action. Now, therefore, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor hereby promulgates the following ordinance : 1. 1) This Ordinance may be called the Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Ordinance, 2006. 2) It extends to the whole of the State of Andhra Pradesh. 3) It shall come in to force atonce. 2. In theAndhra Pradesh Assigned Lands (Prohibition of Transfers)Act, 1977, in Section 4, in Sub-Section(b), for clause(b) together with the proviso there under, the following shall be substituted, namely : “(b) except in certain areas as may be notified by the Government from time to time depending upon the need and circumstances and on the case by case basis in this behalf, restore the assigned land to the original assignee or his/her legal heir, if the assigned land is being used for the purpose of the original assignment and it is reasonably practicable to restore it to the original assignee or his/her legal heir. Provided that for such restoration, the original assignee or his/her legal heir, as the case may be, shall be eligible for such land assignment at the time of such restoration.
  • 21. 21 Provided further that the assigned land shall not be restored more than once to either the original assignee or his/her legal heir as the case may be. Provided also that in case, the assigned land can not be so restored to the original assignee or his/her legal heir due to any of the reasons mentioned above, it shall be resumed to the Government. Provided also that the lands resumed by the Government shall be utilised for weaker sections housing, public utilities, infrastructure development or for any other public purpose. Any land, the possession of which has been taken under clause (a) but the restoration of the same can not be made under clause, (b) to the original assignee or his/her legal heir, as the case may be, shall be resumed by the Government. RAMESHWAR THAKUR Governor ofAndhra Pradesh T. MADANMOHAN REDDY Secretary to Government LegislativeAffairs and Justice, Law Department. GOVERNMENT OF ANDHRA PRADESH ABSTRACT Rules - TheAndhra PradeshAssigned Lands (Prohibition of Transfers) Rules, 2007 - Issued. REVENUE (ASSN-POT) DEPARTMENT G.O.Ms.No.208 Dated: 22-02-2007. Read : G.O.Ms.No.281 Revenue (B1) Department Dt.02-02-1978. ORDER: The following Notification will be published in the extraordinary issue of the AP Gazette dated 22-02-2007. NOTIFICATION In exercise of the powers conferred by sub-section(1) of section 9 of theAndhra Pradesh Assigned lands (Prohibition of Transfers) Act, 1977, as amended by the Andhra Pradesh Assigned Lands (POT) (Amendment) Act, 2007 and in superses- sion of the Andhra PradeshAssigned Lands (Prohibition of Transfers) Rules, 1977 issued in G.O.Ms.No.281 Revenue, dt.02-02-1978, the Governor ofAndhra Pradesh hereby makes the following rules:- RULES 1. Short title: These rules may be called the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007. 2. Definitions: In these rules, unless the context otherwise requires:- (a) "Act" means the Andhra Pradesh Assigned Lands (Prohibition of Trans- fers) Act, 1977; (b) "Authorised Officer" means the officer authorised by the District Collector not below the rank of Mandal Revenue Officer/Tahsildar under
  • 22. 22 sub-section(1) of section 4 and sub-section (1) of section 5 of the Act; (c) "Form" means a form appended to these rules, 3. Procedure for eviction of the Transferee and taking possession and restoration ofAssigned Lands:- The District Collector or the Authorised officer shall, before taking action under clauses (a) and (b) of sub-section (1) of section 4 of the Act, issue notices in Form No.I and Form II to the persons who have transferred and also to the persons who have acquired any assigned land in contravention of the provi- sions of sub-section (2) of section 3 of the Act. The notices shall be served by delivering a copy on Transferor and transferee or some adult male member of the family of such transferor or transferee at their usual place of abode or to their authorised agent or by affixing a copy thereof at some conspicuous place of their last know place of residence or on some conspicuous part of the as- signed land. After the expiry of (fifteen) 15 days specified in the notice, the District Collector or the Authorised officer shall consider the representation, if any, received with reference to the said notice and pass such orders as he thinks fit and proper. If it is held that the provisions of sub-sections (1) and (2) of section 3 of theAct, have been contravened in respect of any assigned land, a copy of the order shall be communicated to the village officer concerned under whose territorial jurisdiction the land is situated for taking possession of the land and thereupon the land shall be disposed of in accordance with the provisions of section 4 of the Act. 4. The District Collector or the Authorised Officer not below the rank of Mandal Revenue Officer/Tahsildar shall furnish the particulars of lands assigned in his jurisdiction in Form No.III to the Registering Officer concerned, within (forty five) 45 days from the date of commencement of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment)Act, 2007 and further continue to furnish such particulars in the same proforma whenever new assignments are made from time to time. 5. Under the proviso to section 7 of the Act, any person voluntarily disclosing or surrendering the assigned land in his possession within (90) days of com- mencement of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 2007 shall make such voluntary disclosure or surrender to the Collector or Authorised Officer by way of declaration in Form No.IV. On receipt of such declaration, the Collector or the Authorised Officer shall pro- ceed to take immediate possession of the land and dispose of the land as per the provisions contained in section 4 of the Act. 6. The Government shall issue notification under section 4 of the Act for notifying area/lands for utilisation for public purpose in Form No.V. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
  • 23. 23 Dr. V.P.JAUHARI SPECIAL CHIEF SECRETARYTO GOVERNMENT FORM - I Notice under rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Trans- fers) Rules,2007 To. Residing in……………. village………….. Mandal ……………. District…………… Whereas, you are found to have been assigned lands as specified in the schedule below; And Whereas, it has come to notice that you have transferred the said assigned land in contravention of the provisions of the sub –section (2) of section 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 ; And whereas, under Section 4 of the Act, this land is liable to be resumed to Government for violation contained in the Section 3 of the Act; You are hereby directed to show cause within (fifteen) 15 days of receipt of this notice as to why the assignment made to you should not be cancelled and the land be resumed to Government. THE SCHEDULE Village Survey Extent Details & Date Name of Nature of Remarks No. (Acs. Cts) Date of patta the transfer & Certificate issued transferee date (1) (2) (3) (4) (5) (6) (7) Place Signature Date Dr.V.P.JAUHARI SPECIAL CHIEF SECRETARYTO GOVERNMENT FORM –II Notice under rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Trans- fers) Rules,2007 To. Residing in……………. village…………..Mandal …………….District…………… Whereas, you are found to be the transferee of the assigned lands as specified in the schedule below in contravention of the Provisions of the sub –section (2) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977; You are hereby directed to show cause within (fifteen) 15 days of receipt of this notice as to why you should not be summarily evicted from the said assigned
  • 24. 24 lands and as to why crop or rther product raised on land / lands and any building or other construction erected or anything deposited thereon should not be forfeited. THE SCHEDULE Village Survey Extent Details & Date Name of Nature of Remarks No. (Acs. Cts) Date of patta the transfer & Certificate issued transferee date (1) (2) (3) (4) (5) (6) (7) Place Signature Date Dr.V.P.JAUHARI SPECIAL CHIEF SECRETARYTO GOVERNMENT Declaration under section 7 of the A.P. Assigned Lands (Prohibition of Transfers)Act,1977. To. The District Collector / Authorised Officer. …………………… Dstrict. Whereas, I am the transferee of assigned lands specified in the Schedule by way of (Sale / gift / lease) ……………… in contravention of the provisions of the section 3 of the A.P. Assigned Lands (POT) Act,19977; And whereas under section 7 of theAct a provision is made for voluntary disclosure / surrender of such assigned lands; And now therefore I am disclosing and surrendering such assigned lands to Gov- ernment within (90) days from the commencement of the Act as mentioned in the schedule; The Collector or the authorized officer may accept the surrender of this land. SCHEDULE Village:…………….. Mandal…………………. District……………….. Sl.No. Name & Survey Extebt Name of Name of Remarks Address of the No. (Acs. Cts.) assignee transfer (by way of sale/gift/ lease etc. (1) (2) (3) (4) (5) (6) (7) Place Signature Date Dr.V.P.JAUHARI
  • 25. 25 SPECIAL CHIEF SECRETARYTO GOVERNMENT List of Assigned lands communicated to the Sub –Registrar concerned under section 5 (1) of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. To The Sub –Registrar. ………………….. Transfers of assigned lands being prohibited under section 5 of the Andhra PradeshAssigned Lands (Prohibition of Transfers)Act, 1977.the following list con- taining details of assigned lands are furnished to the sub –Registrar,……………, District …………., as per section 5 (1) of the A.P. Assigned lands (Prohibition of Transfers) Act,1977. in the prescribed proforma in the Rules ; As per section 5 (2) of the Act, no registering officer shall accept for registration of any documents relating to the transfer of land as mentioned in the schedule. SCHEDULE Village : Mandal : D i s - trict : Sl.No. Survey Extent Name of the Father / Date of No. (Acs. Cts) Assignee Husband Name A s - signment (1) (2) (3) (4) (5) (6) Place Signature Date : Dr.V.P.JAUHARI SPECIAL CHIEF SECRETARYTO GOVERNMENT NOTIFICATIONS BY GOVERNMENT REVENUE DEPARTMENT NOTIFICATION UNDER CLAUSE ( C ) OF SUB –SECTION (1) SECTION 4 OF THE ANDHRA PRADESHASSIGNED LANDS (PROHIBITION OF TRANSFERS) ACT, 1977. Whereas, under clause ( C ) of sub –section (1) of section 4 of the Act the Govern- ment have been vested with the power / authority to notify certain areas / lands which can be resumed by the Government under section 4 of the Act for public purpose; And whereas the Government have decided that such resumed lands will be uti- lized for public purpose as provided in the Explanation to (b) of sub –section (1) of section 4 of the Act; Therefore, in exercise of the powers conferred under clause ( c ) of sub –section (1) of section 4 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. Government of Andhra Pradesh hereby notify the following areas / lands; Sl. No. Name of the District Name of the Mandal Name of the Village Survey Numbers
  • 26. 26 (1) (2) (3) (4) (5) Dr.V.P.JAUHARI SPECIAL CHIEF SECRETARYTO GOVERNMENT THE POT ACT 1977 HAS BEEN AMENDED BY THE ACT OF 8 OF 2007 ACT NO.8 OF 2008 NACTFURTHERTOAMENDTHEANDHRAPRADESH ASSIGNED LANDS (PRO- HIBITION OF TRANSFERS)ACT,1997 v Be it enacted by the Legislative Assobly of the Stato of Andhra Pradesh in the flity –aovonth your of the Ropubllo of India as follows. v This Act may be called the Andha Pradesh Assigned Lands (Prohibition of transfers) (Amendment)Act,2008 v In theAndhra PradeshAssigned Lands (Prohibition of transfers)Act,1997, (here- inafter referred to as the principal Act), in section 4, in sub –section (1), for clause (b) and clause (c), the following shall be substituted,namely v “(b) restore the assigned land, other than those lands/areas as may be notified by the Government from time to time in public interest and for public purpose. v (i) to the orginal assignee if he or she is eligible as for the norms fixed in this behalf, as on the date of restoration for one time ; or v (ii)Assign to other eligible landless poor person: Provided that where the origi- nal assignee or his legal heir, after the first restoration transfers the assigned land, the land shall be resumed for assignment to the other eligible landless poor: v Provided further that if no eligible landless poor persons are available in the village/area, the resumed land will be utilized for public purpose. v Explanation :- For the purpose of this clause, “Public interest” and “Public Purpose” shall mean and include, the weaker seation Housing public Utility infrastructure development, promotion of industres and Tourism or for any other public purpose: v (c) In the areas which may be notifed by Government from time to time, lands resumed under clause 4(a) above shall be utllized for publlo purpose. v For section 5of the principal Act, the following shall be substituted, namely:- v “5.(1) The District Collector or any other Officer, not below the rank of a Mandal Revenue Officer authorized by him in this behalf, shall within 45 (forty five) days from the date of commencement a list of lands assigned to the landless
  • 27. 27 poor persons with all particulars of assignment and futther furnish such par- ticulars of new assignment forthwith. v (2) Notwithstanding anything in the Registration Act, 1908, no Registering Of- ficer shall accept for registration of any document relating to the transfer of or creation of any interest in any assigned lands as furnished in the list under sub –section (1)”. v In section 7 of the principal Act. v “Provided that any person who has voluntarily disclosed and surrendered the assigned land in his possession or discloses and surrenders the assigned land in his possession within 90 days from the commencement of Andhra Pradesh Assigned Lands (prohidition of Transfers) (Amendment) Act, 2006 shall be exempted from Prosecution. v Procedure for eviction of the transferee and taking possession and restoration of Assigned Lands :- v The District Collector or the Authorised officer shall, before taking action under clases (a) and (b) of sub – section (1) of section 4 of the Act, issue notices in form No. I and form II to the persons who have transferred and also to the persons who have acquired any assigned land in contravention of the provi- sions of sub –section (2) of section 3 of the Act, The notices shall be served by delivering a copy on Transferor and transferee or some adult male member of the family of such transferor or transferee at their usual place of abode or to their authorized agent or by affixing a copy there of at some conspicuous place of their last known place of residence or on some conspicuous part of the assigned land. After the expiry of (fifteen) 15 days specified in the notice, the District Collector or the Authorised Officer shall consider the representation, if any received with reference to the said notice and pass such orders as he thinks fit and proper. If it is held that the provisions of sub –sections (1) and (2) of section 3 of theAct, have been contravened in respect of any assigned land, a copy of the order shall be communicated to the village officer concerned under whose territorial jurisdiction the land is situated for taking possession of the land thereupon the land shall be disposed of in accordance with the provi- sions of section 4 of the Act. v The District Collector or the Authorised Officer not below the rank of Mandal Revenue Officer/Tahsildar shall furnish the particulars of lands assigned in his jurisdiction in form No.III to the Registering Officer concerned, within(forty five) 45 days from the date of commencement of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act,2007 and further continue to furnish such particulars in the same proforma whenever new assignments are made from time to time. v Under the provison to section 7 of theAct, any person voluntarily disclosing or
  • 28. 28 surrendering the assigned land in his possession within (90) days of com- mencement of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act,2007 shall make such voluntary disclosure or surrender to the Collector or Authorised Officer by way of declaration in from No.IV. on receipt of such declaration, the Collector or the Authorised Officer shall pro- ceed to take immediate possession of the land and dispose of the land as per the provisions contained in section 4 of the Act. v (ii) after sub – section (2), the following shall be inserted namely:- v “(2A) Any Officer, violating the provisions under sub – sections (1) and (2) of section 5 shall be punished with simple imprisonment which may extend to six months or with fine which may extend to ten thousand rupees or with both.”. v Comparision of Old and New Act at aglaince. Old Act Sec,4: Sub – section (1) clause (b): (b) Original assignee or his legal heir, or where it is not reasonably practicable to restore the land tosuch assignee or legal heir, resume the assigned land to Gov- ernment for assignment of landless poor persons in accordance with the rules for the time being in force: Provided that the assigned land shallnot be so restored to the original assignee or his legal heir more than once,and in case the original assgnee or his legal heir transfers the assigned land again after such restoration, it shall be resvmend to the Government for assignment to any other landless poor person. New Act Sec,4: Sub – section (1) clause (b): (b) restore the assigned land, other than Those lands/areas as may be notified by The Government from time to time in public interest and for public purpose:- (i) To the original assignee if he or she is eligible as per the norms fixed in this behalf,as on the date of restoration for one time; (ii) Assign to other eligible landless poor person: Provided that where the original Assignee or his legal heir, after the first restoration transfers the assigned land, the land shall be resumed for assignment to the other eligible landless poor: Provided further that if no eligible landless poor persons are available in the village /area, the public purpose. Explanation :-For the purpose of this clause, “Public Purpose” shall mean and include, the Weaker Section Housing, public public Utility infrastructure de- velopment, promotion of industres and Tourism or for any other public purpose: NOTIFICATIONS BY GOVERNMENT REVENUEDEPARTMENT
  • 29. 29 (Assginment-I) ANDHRA PRADESH ASSIGNED LANDS (PROHIBITION OF TRANSFERS) (AMENDMENT)ACT, 2007. (G.O.Ms.No.125, Revenue (Assignment-I), 5th February, 2007) In exercise of the powers conferred under sub-section (3) of Section 1 of the Andhra PradeshAssigned Lands (Prohibition of Transfers) (Amendment)Act, 2007, Government hereby order that except Section 2 of the said Act, the remaining provisions shall come into force with effect from the 29th day of January, 2007. Dr.V.P.JAUHARI, Special Chief Secretary to Government ANDHRA PRADESH ACTS, ORDINANCESAND REGULATIONS Etc., Memorandum No.670/SLA&J/RI/85/2007 dated 07-02-2007 ERRATA In theAndhra PradeshAssigned Lands (Prohibition of Transfers) (Amendment) Act, 2007 (A.P.Act 8 of 2007) published at pages 1-4 of Part IV-B. Extraordinary of the Andhra Pradesh Gazette, dated the 29th January, 2007. At Page (3), (1) in line 12, for "2006" read "2007" (2) in line 30, for "2006" read "2007" T. MADAN MOHAN REDDY, Secretary to Government, Legislative Affairs & Justice. ENCROACHMENTS Encroachment means unauthorised occupation of Government land. The District Collectors, R.D.O’s and M.R.O’s are vested with powers to enforce the provisions of theA.P. Land EncroachmentAct, 1905.An Officer incharge of a Revenue division is defined as Collector under this Act. Encroachments are classified as (i) Unobjectionable and (ii) Objectionable. The principles for charging assesment and penalty and further action to be taken in such cases are listed out below. Unobjectionable cases : Assessed Waste Taram Assesment Unassessed Waste Adjoining wet rate or adjoining dry rate as the case may be. Porambokes : In cases covered by provisional pattas, adjoining wet rate or adjoining dry rate as the case may be. In other cases of occupation by eligible sivaijamadars, highest wet rate or highest dry rate, as the case may be. Action shall be taken to assign the occupied lands classified as
  • 30. 30 unobjectionable Encroachments (BSO 15 (7) 15 (36) and 21). Objectionable cases : Assessed waste : In case of occupation by ineligible persons, Taram Assessment plus penalty u/s (i). The penalty leviable u/s (i) is a sum not exceeding five rupees, a sum not exceeding ten times such assessment; provided that no penalty shall ordinarily be imposed in respect of unauthorised occupation of such land for any period not exceeding one year. Unassessed Waste : Highest wet rate/Highest dry rate plus penalty u/s 5 (ii). i.e. a sum not exceeding ten rupees, or when twenty times the assessment payable for one year exceed ten rupees, a sum not exceeding twenty times such assesment. The encroacher is also liable for eviction. Petty Encroachments: Encroachment in porambokes the assessment of which would not exceed Rs.0.13 paise in each case and small extents say upto 0.20 cents in each case in assessed waste lands should as a rule be ignored. Procedure for eviction and conditions to be fulfilled : i) The Land encroached upon must be shown to be Government land. ii) Notice should be issued u/s 7 of L.E.Act and should be served on each of the encroachers to show cause before a specified date why he should not be evicted u/s 6 of the Act. iii) On service of such notice and if sufficient cause is not shown, a notice should be served u/s 6 of the Act requiring the encroacher to vacate the land within such reasonable time as may be fixed. iv) If such notice is not complied with, the M.R.O shall pass orders directing removal of the person from such land. v) If such Encroacher resists or obstructs, a summary enquiry by the Collector shall be held and; if he is satisfied that the obstruction or resistance is without any just cause, he could issue a warrant for his arrest and on his appearance convict him to close custody for a period not exceeding 30 days in a near by Civil Jail. Whenever eviction is ordered, forfeiture of everything found on an encroached land should also be ordered. The Encroacher may, however, be permitted to take the food crops raised by him on lands other than objectionable porambokes for the first time, with a warning that they would be evicted immediately after the harvest of such crops. (B.S.O (7). A person who continue to be in possession of the land leased out to him after determination of the lease, can be evicted under the provisions of the L.E.Act. An order of eviction does not lapse and can be enforced even after the close of the fasli in which it is issued, without further notice. Under Section 7-A of the Act, the District Collector is empowered to order immediate eviction, without any notice, when a group or groups of persons have unauthorised occupied Government land and have not vacated the land on demand
  • 31. 31 by the District Collector or any Officer authorised by him in this behalf. Such Authorised Officer shall evict the encroachers from the land by force by taking police assistance, if necessary, and take possession of the land. The expenditure connected with the eviction by a Rev. Officer should be borne by the Government. The Officer who orders eviction is competent to sanction the said expenditure debitable to “253 Dist. Admn. (b) other Establishments (iii) Taluk Establishments-26 other charges” (B.S.O.26(7) & Note there under). Section 10 (Appeal) : Officer who passed Appellate Period of original order Authority Limitation 1. M.R.O R.D.O Within 60 days, Delay can be (Collector under the Act) condoned by the Appellate 2. R.D.O District Collector Authority at his discretion 3. Dist. Collector Chief Commissioner of LandAdministration There shall be no appeal against a decision/order passed by the R.D.O or District Collector on appeal, but the District Collector may revise any order/decision passed by a M.R.O or R.D.O and the Chief Commissioner LandAdministration may revise any order or decision passed by any subordinate officer, under the L.E.Act. U/s 12-A, Government may either suo-motu or on application call for and examine the records relating to any decision/order passed or proceedings taken by any subordinate officer and pass such orders as they may deem fit. U/s 14, Civil Courts are barred from entertaining any suit or pass any injuction for any acts done under this Act. Local bodies are responsible for dealing with encroachments on roads and streets vested in them. Inspecting Revenue Officer should report to the Collector cases in which objectionable encroachments have been leased or licensed by local bodies without reference to Collector. The final decision whether an encroachment is objectionable or not vests with the Collector and he may intervene at any time with the proceedings under the L.E.Act, whether requested to take action by the Local Authority or not. Regularisation of encroachments under G.O.Ms.No. 166 Rev (Assn. POT) Depart Dt. 16-2-2008. GOVERNMENT OF ANDHRA PRADESH ABSTRACT Government lands – Transfer of Rights on certain occupations/ encroachments of specified categories of Unassigned Government lands situated in the State by way of structures or otherwise, on payment basis – Framing of certain Policy Guidelines – Orders- Issued.
  • 32. 32 —————————————————————————————————— REVENUE (ASSN.POT) DEPARTMENT G.O. Ms.No.166 Dated; 16-2-2008 Read the following; 1.G.O. Ms.No.508, Revenue (Assignments.I) Department, dt. 20.10.1995 2.G.O. Ms.No.972, Revenue (Assignments.I) Department, dt. 4.12.1998 3.G.O. Ms.No.515, Revenue (Assignments.I) Department, dt. 19.4.2003 4.G.O. Ms.No.138, Revenue (Assignments.I) Department, dt. 9.2.2004 5.G.O. Ms.No.631, Revenue (Assignments.I) Department, dt. 23.8.2004 6.G.O. Ms.No.2, Revenue (Assignments.I) Department, dt.1.1.2005 7.G.O. Ms.No.1601, Revenue (Assignments.I) Department, dt. 29.8.2005 8.G.O. Ms.No.674, Revenue (Assignments.I) Department, dt. 8.6.2006 9.From the Chief Commissioner of Land Administration, A.P. Hyderabad Lr. No. B1/583/2007, dt. 31.3.2007 10.From the Chief Commissioner of Land Administration, A.P. Hyderabad Lr. No. B1/20207, dt. 31.8.2007 11.Fom the Chief Commissioner of Land Administration, A.P. Hyderabad Lr. No. B1/583/2007, dt.9.10.2007 ORDER: In the G.Os first to sixth read above, Government have issued orders from time to time, for regularization of encroachment by way of dwelling houses on Government lands situated in areas notified as Urban in 1991 census and in Industrial Township, stipulating certain conditions on payment of market value provided the encroacher submits his application within the prescribed time, with a cut of date of encroachment on or before 31.3.1990. 2. Government, in the G.O seventh read above have issued orders, formulating a comprehensive scheme for regularization of encroachments by way of dwelling houses in Government lands, in supercession of the earlier orders issued in the G.Os first to sixth read above, extending the time limit for regularization of residential and commercial purposes for a period of one year from 1.4.2005 to 31.3.2006, extending the date of receipt of fresh applications upto 31.12.2005. 3. The Government in the G.O 8th read above have extending the time limit for regularization of the pending applications for a further period of one year from 1.4.2006 to 31.3.2007, with a permission to receive the new eligible applications till 30.9.2006. 4. During the process of regularization of unauthorized occupation of Government lands, it is notices that the Government lands have had a chequered history. Policies governing the Transfer of Rights of Govt.lands are often found tobe disjointed and do not appear to adequately address the variety of problems encountered in this regard. It appears expedient to set out a policy containing the comprehensive guidelines in order to have uniformity in dealing with occupations in respect of these lands. The policy Viz., “TheAndhra Pradesh Transfer of Rights to certain specified categories of occupants of Unassigned Government Lands, 2008”
  • 33. 33 is intended to provide a comprehensive set of guidelines regarding Transfer of Rights to certain specified categories of unauthorized occupants of Government lands, particularly in the context of longstanding occupation of smaller extents by members of the weaker sections, slum dwellers, low and middle income group people etc. 5. Accordingly, the Chief Commissioner of Land Administration, A.P. Hyderabad in is letters ninth to eleventh read above has submitted draft policy for Transfer of Rights to certain specified categories of occupants of unassigned Government Lands, for orders of Government 6. The Government, after careful examination hereby approve the Polity viz., “TheAndhra Pradesh Transfer of Rights to certain specified categories of occupants of Unassigned Government Lands, 2008” and issue the following comprehensive set of guidelines for Transfer of Rights to certain specified categories of occupants of unassigned Government Lands in the context of longstanding occupation of smaller extents by members of the weaker sections, slum dwellers, low and middle income group people etc. by way of structures or otherwise;- 1) SHORT TITLE This policy is called “The Andhra Pradesh Transfer of Rights to certain specified categories of occupants of Unassigned Government Lands, 2008” 2) SCOPEAND EXTENT This policy will govern Transfer of Rights to certain specified categories of occupants of Unassigned Government Lands. This policy shall supercede all existing G.Os and instructions pertaining to regularization of occupation of Government lands. 3. TYPES OF LANDS COVERED This policy shall cover Transfer of Rights to certain specified categories of occupants of Unassigned Government Lands 4. DEFINITIONS; a) Occupation: The term ‘occupation’ shall mean occupation on or before 31.12.2003 by way of structure or otherwise b) Below poverty Line(BPL) persons; A person shall be treated to be Below Poverty Line category, if he has a “While Ration Card”. c) Above poverty Line (APL) persons: A person shall be treated as Above Poverty Line category, if he does not have a “While Ration Card” or a person who seek Transfer of Rights, in excess of 200 square yards 5. MANNER OF ESTABLISHING OCCUPATION; The manner of establishing occupation shall be by production of any of the following documents;- a. Registered document of purchase b. Electricity connection c. Construction permission from a Local Body/ Competent Authority d. Receipt of payment of property tax e. Water supply connection document f. House hold supply card
  • 34. 34 g. Telephone connection document (Note; The above mentioned documents must be in the name of the applicant) 6. DATE OF OCCUPATION; Date of occupation shall be taken to be the earliest of the dates mentioned in the documents furnished under clause (5) above, in the name of the applicant 7. Transfer of Rights will be considered only for cases where applications in the prescribed format are filed before the District Collector concerned before the last date prescribed for receipt of such applications (Format of Application is appended to this order) 8. Last date prescribed for submission of applications is 30.6.2008 9. OMPETENTAUTHORITY FOR TRANSFER OF RIGHTS; The District Collector concerned shall receive all applications for Transfer of Rights in respect of Unassigned Government lands and conduct a detailed inspection through the Mandal/Divisional Authorities. After finalizing the eligibility of the applicants, Transfer of rights shall be done as per the following criteria. i) applications for Transfer of Rights upto an extent of 250 square yards be scrutinised by the Committee at District level under the chairmanship of District Collector and final orders of Transfer of Rights will be issued by the District Collector concerned duly following procedure as per the policy ii) applications for Transfer of Rights above 250 square yards shall be sent to the Chief Commissioner of Land Administration, A.P. Hyderabad by the Collector. These proposals shall be scrutinized by the Committee constituted under the chairmanship of the Chief Commissioner of Land Administration, A.P. Hyderabad. The Chief Commissioner of Land Administration, A.P. Hyderabad shall issue orders for Transfer of Rights upto an extent of 500 square yards and the proposals above 500 square yards shall be sent to the Government iii) all the applications for Transfer of Rights above 500 square yards shall be sanctioned by the Government and orders will be communicated to Chief Commissioner of LandAdministration,A.P. Hyderabad and Collector concerned for implementation 10. GENERALDIS-QUALIFICATIONS FOR TRANSFER OF RIGHTS i. All Transfer of Rights will have to be in conformity with applicable Acts & Rules ii. No Transfer of Rights shall be done in violation ofA.P. Land Reforms (COAH) Act, 1973 and Urban Land (Ceiling & Regulation) Act, 1976 iii No Transfer of Rights shall be effected in respect of the following cases;- a) Sites affected under the alignment of Master plan/ Zonal Development plan/ Road Development plan
  • 35. 35 b) Constructions which have come up in ‘open spaces’ of approved layouts c) Constructions made an alignment of Nalas, Sikhams, Water bodies, Grave yards, Foreshore or FTL areas of drinking water tanks and treatment areas d) Constructions on sites earmarked for Townships e) Areas earmarked for treatment plants, Green belts, buffer zone etc f) Sites located in vicinity of heritage buildings g) Sites falling under the alignment of MRTS h) Sites falling under MFL of rivers i) Constructions not in conformity with the provisions of the Master plan j) Sites required for public purpose k) Lands, which in the opinion of the committee are highly valuable and cannot be considered for Transfer of Rights l) Public foot paths iv. There shall be a surcharge of 25% on the amount payable for Transfer of Rights of occupations in certain prime areas to be notified by Government. 11. GENERAL NORMS REGARDING TRANSFER OF RIGHTS A) Calculation of amount payable;- The Transfer of Rights shall be effected on payment of the amount prescribed in the Matrix shown below; Matrix for determination of amount payable for Transfer of Rights for unauthorized occupation ‘B’= Basic value. Basic value shall be taken as on 31.12.2003 Area Above Poverty Below Poverty Line (BPL) (in Sq.yards) Line (APL) Alienable Non-alienable 1 to 80 B 0.25 B Free of cost 81 TO 200 B 0.50 B — 201 TO 500 1.25 B 1.25 B — 501 TO 1000 1.5 B 1.5 B — 1001 TO 1500 2 B 2 B — 1501 TO 2000 3 B 3 B — Note; i. The amount will be calculated on telescopic principle. ii. Time Factor: Depreciation at 3% per annum, subject to a maximum depreciation of 75% (No depreciation will be admissible for more than 25 years)
  • 36. 36 iii. The maximum area in respect of which Transfer of Rights can be effected is 2000 sq.yards. Lands in excess of this area shall be resumed to Government in accordance with law. iv. Wherever the maximum area in respect of Transfer of Rights effected under this provision exceeds the ceiling limit prescribed for the respective Urban Agglomeration, such excess extent over and above the ceiling limit shall be exempted as a matter of policy under section 20 (i) (a) the Urban Land (Ceiling and Regulations) Act, 1976, simultaneously while issuing orders of Transfer of Rights. v. Government may exclude certain highly valuable lands from the operation of this policy by notification. vi. In cases where there is a dispute between Government and private party/ parties over the title/ ownership of a piece of land or structure which is pending in either Land Grabbing Court or High Court or in other Courts and if the party comes forward with a request for Transfer of Rights, the same shall be considered subject to condition that the case in the Court shall be withdrawn and the party/ parties gives an undertaking to pay the amount as fixed by the Government for Transfer of Rights of such lands. B. Transfer of Rights in respect of Below Poverty Line (BPL) families shall be done in the following manner: i) Issuance of assignment patta (with prohibition of alienation) for the land on free of cost OR Allotment order (with right to alienate the land) on payment of an amount equal to that shown in the Matrix above. ii) In case of Transfer of Rights by an allotment order, the Collector concerned shall execute a Deed of conveyance in favour of the allottee. Registration and Stamp Duty shall be paid by the allottee iii) Transfer of Rights in case of encroachment shall be done only in the name of one member of the family (with reference to the name in the document produced) iv) A person who seeks Transfer of Rights for an extent in excess of 200 Sq.yards shall be deemed to be from the Above Poverty Line (APL) category C. Transfer of Rights in respect of Above Poverty Line (APL) families shall be done in the following manner;- i. Allotment orders (with right to alienate the land) on payment of an amount equal to what is given in the Matrix above. ii. The Collector concerned shall execute a Deedof conveyance in favour of the allottee. Registration and Stamp Duty shall be paid by the allottee
  • 37. 37 iii. Transfer of Rights in case of encroachment shall be done only in the name of one member of the family (with reference to the name in the document produced) iv. Pro-rata as applicable towards payout fees, building approval and betterment shall have to be paid unless already paid. 12. All other unassigned Govt.lands shall be resumed to Government for public purpose 13. The payment of amount as determined by the Competent Authority, will be made in four equal quarterly instalments with the first within a period of 30days of issue of Transfer of Rights order. 1. In the case of cooperative Society, the application for Transfer of Rights can be done by Society or by an individual member 2. The Basic Values shall be taken as on 31.12.2003 for calculating as per the Matrix above 7. The Chief Commissioner of LandAdministration,A.P. Hyderabad is requested to issue suitable instructions to all the District Collectors in the State for implementation of the Policy Guidelines viz., “TheAndhra Pradesh Transfer of Rights to certain specified categories of occupants of Unassigned Government Lands, 2008’ immediately. 8. This order issues with the concurrence of Finance (Exp.Rev) Department vide their U.O No.002/Fin.Exp.Rev/2008, dt. 18.1.2008 (BY ORDERAND IN THE NAME OF THE GOVERNOR AFANDHRAPRADESH) M.SAMUEL PRINCIPAL SECRETARYTO GOVERNMENT FORMAT (Appendix to G.O. Ms.No.166 Revenue (Assignments POT) Dept, dt. 16.2.2008) APPLICATION FOR TRANSFER OF RIGHTS TO CERTAIN SPECIFIED CATEGORIES OF UNASSIGNED GOVERNMENT LANDS OCCUPIED UNAUTHORISEDLY IN TERMS OF G.O.MS.NO.166 REVENUE (ASSIGNMENTS.POT) DEPARTMENT, DATED; 16.2.2008 1. Name of the occupant : 2. Father’s / Husband’s Name : 3. PresentResidential Address : 4. Details of the Unassigned Govt.lands occupied by encroachment;- : a) Survey No., Village/Ward No : b) Extent of Land occupied : c) Date from which occupied (proof to be produced) : d) Nature of occupation;- i) Area covered by Residential & Structure : ii) Open Area :
  • 38. 38 (Note:Enclose any one of the documents mentioned at para 5 of the G.O in support of above encroachment) 5. Particulars of Notices, if any received by the occupant from the competent Authorities : 6. Details of proceedings pending against the applicant under the Land Encroachment Act or under Land Grabbing (Prohibition)Act : 7. Details of Civil Dispute pending if any, in any Court of Law : 8. In case of Below Poverty Line (BPL) people, shall produce a Xerox copy of the White Ration Card for claiming benefit under this scheme : DECLARATION I ____________________ S/o/ H/o of Sri/ Smt.___________________________ declare that the information furnished above is correct. I am willing to get transfer of Rights to my possession on free of cost/ by payment the basic value as per the Matrix as on 31.12.2003 as fixed by the competentAuthority under G.O. Ms.No.166, Revenue (Assn.POT) Department dt. 16.2.2008. Place: Date: SIGNATURE (Name in Block letters) GOVERNMENT OF ANDHRA PRADESH ABSTRACT Government lands- Transfer of Rights on certain occupations/ encroachments of specified categories of Unassigned Government lands situated in the State by way of structures or otherwise, on payment basis- constitution of Committees at District level/ Chief Commissioner of LandAdministration level-Accorded – Orders- Issued -------------------------------------------------------------------------------------------------------------------- ---------------------- REVENUE (ASN.POT) DEPARTMENT G.O. Ms.No.370 Dated; 19-3-2008 Read the following; 1. G.O. Ms.No.166, Revenue (Asn.POT) Dept, dt. 16.2.2008 2. Govt. Memo.No.71157/Asn.POT/2007, dt. 26.2.2008 3. From the Chief Commissioner of Land Administration,A.P. Hyderabad Lr. No. B1/2020/2007, dt. 3.3.2008 ORDER; In the G.O first read above, Government have issued orders, framing certain Policy Guidelines for Transfer of Rights to certain specified categories of occupants
  • 39. 39 of unassigned Government lands in the context of longstanding occupation of smaller extents by members of the weaker sections, slum dwellers, low and middle income group people etc. by way of structures or otherwise. 2. In his letter third read above, the Chief Commissioner of LandAdministration, A.P. Hyderabad has furnished proposals for constitution of two committees, one at the level of the Chief Commissioner of Land Administration, A.P. Hyderabad and the other at the level District Collector in terms of the G.O 1st read above. 3. Government after careful examination of the proposal of the Chief Commissioner of LandAdministration,A.P. Hyderabad hereby constitute the following two committees; 1) DISTRICT LEVEL COMMITTEE : 1 District Collector Chairperson 2 Joint Collector Member-convenor 3 R.D.O of the concerned Division Member 4 Commissioner, Municipality /Urban DevelopmentAuthority, where such authority exists Member 5 Superintending Engineer, Road & Buildings /Superintending Engineer, Irrigation Department Member 6 District Panchayat Officer Member 7 District level officer of the concerned department to which the land belongs Member 8 District Registrar, Stamps and Registration Member 9. Assistant Director, Survey, Settlements & Land Records Member of the concerned District. 2) COMMITTEE AT THE LEVEL OF CHIEF COMMISSIONER OF LAND AD- MINISTRATION, A.P. HYDERABAD: 1. Spl. C.S.& Chief Commissioner of LandAdministration, Chairperson Hyderabad 2. Vice-Chairman & Managing Director, HUDA, HyderabadMember 3. Commissioner of Greater Hyderabad Municipal Corporation of Member his Representative 4. Special Officer & CompetentAuthority, Urban Land Ceilings Member of the area concerned 5. Head of the Department of the concerned Department whose Member land is involved in regularisation. 6. Joint Collector of the concerned District. Member 7. Commissioner, Panchayat Raj Member 8. Commissioner, Municipal Administration Member 9. Commissioner & Inspector General, Stamps and Registration
  • 40. 40 Member 10. Secretary to Chief Commissioner of LandAdministration Member-Convenor 4. As per par 6(9) of the G.O. first read above, the District Collector concerned shall receive all applications for Transfer of Rights, in respect of Unassigned Government Lands and conduct a detailed inspection through the Mandal / Divisional Authorities and finalise the eligible applications. The District Collector shall segregate the eligible applications into three categories (i) upto 250 Sq.Yards (ii) between 250 and 500 Sq. Yards (iii) above 500 Sq. Yards. The district Collector shall place the eligible applications upto 250 Sq. Yards before the District level Committee No.1, constituted at kpara (3) above, for its scrutiny and as per the decision of the Committee the District Collector concerned shall issue final orders of Transfer of Rights, in the cases of land encroachments upto the extent of 250 Sq.Yards, duly following the procedure, as per Policy Orders issued in G.O.Ms.No.166, Revenue (Asn.POT) Department, dt. 16.02.2008. 5. The Distarict Collector shall forward the eligible applications for Transfer of Rights of the land encroachments to the extent of 251 Sq.Yards and above to the Chief Commissioner of LandAdministration,A.P, Hyderabad for taking further action. 6. The Chief Commissioner of LandAdministration,A.P, Hyderabad shall place such applications before the Committee No.2, constituted at para (3) above, for scrutiny and recommendation. After obtaining the recommendations of the Committee, the Chief Commissioner of LandAdministration shall issue final orders of Transfer of Rights, in the cases of land encroachments above the extent of 251 Sq.Yards and upto the extent of 500 Sq.Yards, duly following the procedure, as per Policy Orders issued in G.O.Ms.No.166, Revenue (Asn. POT) Department, dt. 16.02.2008. 7. The Chief Commissioner of LandAdministration,A.P, Hyderabad shall forward the applications for Transfer of Rights of the land encroachments above the extent of 501Sq.Yards along with recommendations of the Committee No.2, to the Government, for issue of final orders. 8. All the District Collectors and the Chief Commissioner of LandAdministaration, A.P, Hyderabad are requested to take further action accordingly. (BY ORDER AND IN THE NAME OF THE GOVERNOR OFANDHRA PRADESH) M. SAMUEL PRINCIPALSECRETARYTO GOVERNMENT GOVERNMENT OF ANDHRA PRADESH ABSTRACT Unassigned Government lands – Transfer of Rights on certain occupations / encroachments of specified categories of Unassigned Govt. lands situated in the State by way of structures or otherwise, on payment basis – Policy Guidelines framed – Notification of Prime value areas in Ranga Reddy District under the provisions of Para 6 (10) (iv) of G.O. Ms. No. 166 Revenue (Asn.POT) Department Dt. 16-2-08 – Orders - Issued.
  • 41. 41 -------------------------------------------------------------------------------------------------------------------- ---------------------- REVENUE (ASSN. POT) DEPARTMENT G. O. Ms. No. 1229 Dated 23-10-2008. Read the following: 1. G.O. Ms. No. 166 Revenue (Asn. POT) Department. Dt. 16-2-08. 2. From the Collector, Ranga Reddy District Lr. No. E5/1400 Dt. 15-3-2008. 3. From the Collector, Ranga Reddy District Lr. No. E5/1400 Dt. 25-8-2008. O R D E R: In the G.O. 1st read above, orders have been issued framing certain guidelines for Transfer of Rights on certain occupations / encroachments of specified categories of Unassigned Government lands situated in the State by way of structures or otherwise, on payment basis. In the circumstances reported by the Collector, Ranga Reddy District in his letters 2nd and 3rd read above, after careful consideration of his proposals, Govt. under the provisions of Para 6 (10) (iv) of G.O. Ms. No. 166 Revenue (Asn. POT) Department. Dt. 16-2-08, hereby notify the following areas of the Ranga Reddy District as Prime Value areas. SL. NO. NAME OF THE MANDAL NAME OF THE VILLAGE (AREA) 1. Rajendranagar 1.Narsingi 2. Kokapet 3. Bandlaguda 4. Hydershakote 5. Peeramcheruvu 6. Neknampur 7. Budvel 8. Upperpally 9. Attapur 2. Balanagar 1. Bagh Ameeri 2. Hasmathpet 3. Moosapet 4. Allapur 5. Begumpet 3. Uppal 1. Kothapet 2. Nagole 3. Uppal Khalsa 4. Uppal Bagath 5. Habsiguda 6. Nacharam 4. Qutubullapur 1. Nizampet 2. Bachupally
  • 42. 42 3. Bowrampet 4. Dundigal 5. D.P. Pally 6. Doolapally 7. Bahadurpally (GHMC LIMITS) 1. Jeedimetla 2. Suraram 3. Gajularamaram 4. Qutubullapur 5. Malkajgiri 1. Malkajgiri 2.Alwal 3. Kowkur 6. Serilingampally 1. Gopannapally 2. Izzatnagar 3. Khajaguda 4. Chandanagar 5. Maktha Mahaboobpet The Spl. C.S & Chief Commissioner of LandAdministration,A.P., Hyderabad / Collector, Ranga Reddy District shall take necessary further action in the matter. (BY ORDERAND IN THE NAME OF THE GOVERNOR AFANDHRAPRADESH) M. SAMUEL PRINCIPAL SECRETARYTO GOVERNMENT Govt. Memo.No. 1660/Assn.POT/2009-1 Revenue (Assn. POT) Department, Dated : 17-2-2009 The Government issued clarrification that the orders issued in G.O. Ms. No. 166 Revenue (Asn. POT) Department. Dt. 16-2-08 are applicable to all the unauthorized encroachments in the entire state, and not confined to any particular area of the State. A.P. INAMS (A&C INTO R) ACT, 1956 The Act provides to abolish the inam tenure of lands and convert them into ryotwari lands. It applies to pre-settlement inam lands, both major and minor inams where a grant in inam has been made, confirmed or recognised by Government, not being an Estate. It also applies to post settlement minor inams coming under the purview of Sec.17(1) (b) of the E.A. Act.48. The preliminary enquiry u/s 3 empowers the M.R.O either suomotu or on application to determine (1) whether a particular land is an inam land (ii) whether such inam land is in a ryotwari, zamindari or inam village and (iii) whether such inam land is held by an institution.