Jagjeevan Nagar Letters

ADDRESSES OF BOLLYWOOD STARS STARS Actors Name

Address

Aamir Khan

11 Bela Vista Apts., Palli Hill, Bandra, Mumbai 400 050

Ajay Devgan

Sea Cliff, 1st Floor, Gandhigram Road, Juhu, Mumbai 400 049

Akshaye Khanna

13/C Lipallazo, Little Gibbs Road, Malabar Hills, Mumbai 400 006

Akshay Kumar

203 A Wing, Benzer, Lokhandwala Complex, Andheri (W), Mumbai 400 053

Amitabh Bachchan

Prateeksha, 10th Road, Juhu Scheme, Mumbai 400 049

Amrish Puri

Vardhan, Plot No. 45, 11th Road, Juhu Scheme, Mumbai 400 049

Anil Kapoor

31 Shringar, Presidency Society, 7th Road, JVPD Scheme, Mumbai 400 049

Anupam Kher

402 Marina, Juhu Tara Road, Juhu Beach, Mumbai 400 049

Arbaaz Ali Khan

602 Sea King Apts., Band Stand, Bandra (W), Mumbai 400 050

Arbaaz Khan

3 Galaxy Apts., B.J. Road, Band Stand, Bandra, Mumbai 400 050

Arshad Warsi

Kohinoor Apartments, 503 Yari Road, Versova, Andheri, Mumbai 400 061

Atul Agnihotri

Ashwini, Pali Mala Road, Bandra, Mumbai 400 050

Bobby Deol

Plot No. 22, 11th Road, JVPD Scheme, Mumbai 400 049

Chandrachur Singh

6th Floor, Oakland Park, Off Lokhandwala Complex, Versova, Mumbai 400 061

Dilip Kumar

34/B, Palli Hill, Nargis Dutt Road, Bandra (W), Mumbai 400 050

Fardeen Khan

Sunshine, Jasawala Wadi, Juhu Road, Mumbai 400 049

Govinda

Jal Darshan, A Wing, Ruia Park, Juhu, Mumbai 400 049

Gulshan Grover

501/601 Woodstock, J.P. Road, 7 Bungalows, Versova, Andheri (W), Mumbai 400 061

Jackie Shroff

Le Pepeyon, Mount Mary Road, Bandra, Mumbai 400 050

Jugal Hansraj

14-A Queens Apts., Pali Hill, Bandra (W), Mumbai 400 050

Kabir Bedi

B4, Beach House Apt., Gandhigram Road, Mumbai 400 054

Kamal Sadanah

Jal Kamal, Plot No 202, 23rd Road, Bandra, Mumbai 400 050

Mukul Dev

Karan Apts., 5th Floor, Yari Road, Versova, Mumbai 400 061

Nagarjuna

29, Kasturi Rangan Road, Alwarpet, Madras 600 018

Nana Patekar

304 Sheetal, Apna Ghar Society, Samarth Nagar, Andheri, Mumbai 400 058

Puru Rajkumar

57 Worli Seaface, Worli, Mumbai 400 018

Raj Babbar

Nepathaya, Plot No. 20, Gulmohar Road, JVPD Scheme, Mumbai 400 049

Rishi Kapoor

27 Krishna Raj, Pali Hill, Bandra, Mumbai 400 050

Saif Ali Khan

Bungalow No. 5, Belscot Tower, Lokhandwala Complex, Andheri Link Road, Mumbai 400 058

Salman Khan

3 Galaxy Apts., B.J. Road, Band Stand, Bandra, Mumbai 400 050

Shah Rukh Khan

7th Floor, Amrit Apts., 15th Carter Road, Bandra, Mumbai 400 050

Sunil Shetty

18/B Prithvi Apts., Altamount Road, Mumbai 400 026

Sunjay Dutt

58 Smt. Nargis Dutt Road, Palli Hill, Bandra, Mumbai 400 050

Sunny Deol

Plot No. 22, 11th Road, JVPD Scheme, Mumbai 400 049

Vinod Khanna

13/C Lipallazo, Little Gibbs Road, Malabar Hills, Mumbai 400 006

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Actresses Name

Address

Aishwarya Rai

Ramlaxmi Niwas, 19th Road, Khar, Mumbai 400 052

Amrita Singh

Bungalow No. 5, Belscot Tower, Lokhandwala Complex, Andheri Link Road, Mumbai 400 058

Anjala Zaveri

604 Jupiter Apts., Yari Road, Andheri (W), Mumbai 400 058

Anjali Jathar

Anand Ashram, 1st Floor, Bldg. 22, Pandita Rambai Road, Gamdevi, Mumbai 400 007

Anu Agarwal

503 Godavari, Khan Pochkhawala Road, Worli, Mumbai 400 025

Aruna Irani

603 B_Gazdar Apts., Near Juhu Hotel, Juhu, Mumbai 400 049

Ayesha Jhulka

102 Tirupati Apts., Andheri (W), Mumbai 400 061

Deepti Bhatnagar

42 Ashok Apts., Gandhigram Road, Juhu, Mumbai 400 049

Dimple Kapadia

Samudra Mahal, Birla Lane, Juhu, Mumbai 400 049

Divya Dutta

C-17 Nehru Nagar, Kishor Kumar Ganguly Marg, Juhu Tara Road, Mumbai 400 049

Jaya Bachchan

Pratiksha 10th Road, JVPD Scheme, Mumbai 400 049

Juhi Chawla

153 Oxford Towers, Oshiwara Complex, Andheri (W), Mumbai 400 058

Kajol

14 Usha Kiran, 15 M.L. Dahanukar Marg, Mumbai 400 026

Karishma Kapoor

2B Excellency 1101/1201, 4th Cross Road, Lokhandwala Complex, Andheri (W), Mumbai 400 058

Madhoo

Krishna Kutir, Sagarika Society, Juhu Tara Road, Mumbai 400 048

Madhuri Dixit

Vijaydeep, 3rd Floor, Iris Park, Juhu, Mumbai 400 049

Mahima Chaudhary

D/5 4th Floor, Silver View, Versova, Andher, Mumbai 400 061

Mamta Kulkarni

D Wing, 701, R.C. Complex, Opp. Panchavati, Versova Yari Road, Mumbai 400 061

Manisha Koirala

302 Beachwood Towers, Yari Road, Versova, Andheri (W), Mumbai 400 061

Mayuri Kango

Gokul Apartments, Thakur Complex, Kandivili, Mumbai 400 101

Namrata Shirodkar

101 Shrinathji, 16th Cross Road, Khar (W), Mumbai 400 052

Pooja Batra

H-403, Gokul Vihar II, Thakur Complex, Kandivli (E), Mumbai 400 068

Pooja Bhatt

601 Kyle Moore Apts., Behind Mehboob Studio, Bandra, Mumbai 400 050

Priya Gill

606 Nestle-B, 4th Cross Road, Lokhandwala Complex, Andheri (W), Mumbai 400 058

Raveena Tandon

Tandon House, Nippon Society, Juhu Church, Mumbai 400 049

Rekha

Sea Springs, Bungalow No. 2, Bandstand, Bandra, Mumbai 400 050

Sanjukta Singh

4th Floor, Mona Apts., Breach Candy, Mumbai 400 036

Shilpa Shetty

12, Dev Darshan, 262 St. Anthony Road, Chembur, Mumbai 400 071

Shilpa Shirodkar

Venkatesh Vihar, 4th Floor, 7th Road, Khar, Mumbai 400 052

Shikha Swaroop

13/14 Atmanand, Saraswat Colony, Santacruz, Mumbai 400 054

Sonali Bendre

A/203 Paradise, Apnaghar Co-op. Hsg. Soc., 1st Cross Lane, Swami Samartha Nagar, Lokhandwala Complex, Mumbai 400 058

Sri Devi

Green Acres, 7 Bungalows, Lokhanda Complex, Andheri (W), Mumbai 400 058

Suman Ranganathan

Gilder Bldg., Turner Road, Bandra, Mumbai 400 050

Sushmita Sen

6th Floor, Beach Queen, Yari Road, Versova, Andheri (W), Mumbai 400 061

Tabu

Anukool, 2nd Floor, Seven Bungalows, Versova, Andheri (W), Mumbai 400 058

Twinkle Khanna

Samudra Mahal, Birla Lane, Juhu, Mumbai 400 049

Urmila Matondkar

Casablanca Bldg., Versova, Andheri (E), Mumbai 400 058

To General manager, HMWS & SB, Division No. I, Goshamahal, Hyderabad Sir, Sub : Request to provide 3 additional raising Man holes, 3 man holes and 3 covers at Jagjeevan nagar, Miralam mandi, Hyderabad. We submit that the above said localities are suffering from gas due to the breakage of drainage pipeline and that leaks goes to SW drain pipeline. It suffers area people from the bad smell. So we humbly request for providing above said requirements to the above said localities. Please take necessary action as early as possible.

Thanking you sir,

Yours faithfully,

(M.Babu Rao)

To General manager, HMWS & SB, Division No. I, Goshamahal, Hyderabad Sir, Sub : Request to provide Line Booster at Jagjeevan nagar, Miralam mandi, Hyderabad. We submit that the above said localities are suffering from water due to the using of jet pumps by other people that goes to no water from line. It suffers area people from the water scarcity. So we humbly request for providing above said requirements to the above said localities. Please take necessary action as early as possible.

Thanking you sir,

Yours faithfully,

(M.Babu Rao)

To, Municipal Commissioner, GHMC, CC Complex, Circle - 4, Tank Bund, Hyderabad. Sir, Sub: Bending and Manholes SW covers at Jagjeevan Nagar , miralam mandi, Hyderabad. The representation received from the residents that our man holes covers are bending down due to that our area people facing problem for the vehicles like rickshaw, autos, two wheelers, etc,. on the man holes SW drain covers. In this area more than 40 SW drain covers are having in that some of the drain covers are broken. So please , We request you to kindly issue orders for providing SW drain covers new in our locality for bending. Please take immediate action for the above said locality. Please help us in this regard. Thanking you sir,

Yours faithfully,

(M.Babu Rao)

To, CDPO, ICDS, Project IV, Riyasathnagar, Midhani, Hyderabad. Respected madam, Sub : No objection in continuing Anganwadi centre (school) at jagjeevan nagar, miralam mandi, Hyderabad. The above said locality should be continue the Anganwadi centre (school) in that no objection from surrounding people or surrounding residents. This Anganwadi centre is continuing since 1996 to till date at same place jagjeevan nagar, miralam mandi, Hyderabad. For these , we are attaching the more than 50 members signature for the no objection letter in continuing the Anganwadi centre (school) at jagjeevan nagar, miralam mandi, Hyderabad.

Please help us in this regard.

Thanking you, Yours faithfully,

(M.Babu Rao)

1. I will be happy once I have _____ (or once I earn X). Problem: If you think you can't be happy until you reach a certain point, or until you reach a certain income, or have a certain type of house or car or computer setup, you'll never be happy. That elusive goal is always just out of reach. Once we reach those goals, we are not satisfied we want more.

http://groups.yahoo.com/group/babes_in_blue

Solution: Learn to be happy with what you have, where you are, and who you are, right at this moment. Happiness doesn't have to be some state that we want to get to eventually it can be found right now. Learn to count your blessings, and see the positive in your situation. This might sound simplistic, but it works.

2. I wish I were as ____ as (a celebrity, friend, co-worker). Problem: We'll never be as pretty, as talented, as rich, as sculpted, as cool, as everyone else. There will always be someone better, if you look hard enough. Therefore, if we compare ourselves to others like this, we will always pale, and will always fail, and will always feel bad about ourselves. This is no way to be happy. Solution: Stop comparing yourself to others, and look instead at yourself what are your strengths, your accomplishments, your successes, however small? What do you love about yourself? Learn to love who you are, right now, not who you want to become. There is good in each of us, love in each of us, and a wonderful human spirit in every one of us.

3. Seeing others becoming successful makes me jealous and resentful. http://groups.yahoo.com/group/babes_in_blue

Problem: First, this assumes that only a small number of people can be successful. In truth, many, many people can be successful in different ways. Solution: Learn to admire the success of others, and learn from it,

and be happy for them, by empathizing with them and understanding what it must be like to be them. And then turn away from them, and look at yourself you can be successful too, in whatever you choose to do. And even more, you already are successful. Look not at those above you in the social ladder, but those below you there are always millions of people worse off than you, people who couldn't even read this article or afford a computer. In that light, you are a huge success.

4. I am a miserable failure I can't seem to do anything right. Problem: Everyone is a failure, if you look at it in certain ways. Everyone has failed, many times, at different things. I have certainly failed so many times I cannot count them and I continue to fail, daily. However, looking at your failures as failures only makes you feel bad about yourself. By thinking in this way, we will have a negative self-image and never move on from here.

http://groups.yahoo.com/group/babes_in_blue

Solution: See your successes and ignore your failures. Look back on your life, in the last month, or year, or 5 years. And try to remember your successes.. If you have trouble with this, start documenting them keep a success journal, either in a notebook or online. Document your success each day, or each week. When you look back at what you've accomplished, over a year, you will be amazed. It's an incredibly positive feeling.

5. I'm going to beat so-and-so no matter what I'm better than him. And there's no way I'll help him succeed he might beat me. Problem: Competitiveness assumes that there is a small amount of gold to be had, and I need to get it before he does. It makes us into greedy, back-stabbing, hurtful people. We try to claw our way over people to get to success, because of our competitive feelings. For example, if a blogger wants to have more subscribers than another blogger, he may never link to or mention that other blogger. However, who is to say that my subscribers can't also be yours? People can read and subscribe to more than one blog.

http://groups.yahoo.com/group/babes_in_blue

Solution: Learn to see success as something that can be shared, and learn that if we help each other out, we can each have a better chance to be successful. Two people working towards a common goal are better than two people trying to beat each other up to get to

that goal. There is more than enough success to go around. Learn to think in terms of abundance rather than scarcity.

6. Dammit! Why do these bad things always happen to me? Problem: Bad things happen to everybody. If we dwell on them, they will frustrate us and bring us down. Solution: See bad things as a part of the ebb and flow of life. Suffering is a part of the human condition but it passes. All pain goes away, eventually. Meanwhile, don't let it hold you back. Don't dwell on bad things, but look forward towards something good in your future. And learn to take the bad things in stride, and learn from them.. Bad things are actually opportunities to grow and learn and get stronger, in disguise.

http://groups.yahoo.com/group/babes_in_blue 7. You can't do anything right! Why can't you be like ____ ?

Problem: This can be said to your child or your subordinate or your sibling. The problem? Comparing two people, first of all, is always a fallacy. People are different, with different ways of doing things, different strengths and weaknesses, different human characteristics. If we were all the same, we'd be robots. Second, saying negative things like this to another person never helps the situation. It might make you feel better, and more powerful, but in truth, it hurts your relationship, it will actually make you feel negative, and it will certainly make the other person feel negative and more likely to continue negative behavior. Everyone loses. Solution: Take the mistakes or bad behavior of others as an opportunity to teach. Show them how to do something. Second, praise them for their positive behavior, and encourage their success. Last, and most important, love them for who they are, and celebrate their differences.

http://groups.yahoo.com/group/babes_in_blue 8. Your work sucks. It's super lame. You are a moron and I hope you never reproduce. Problem: I've actually gotten this comment before. It feels wonderful. However, let's look at it not from the perspective of the person receiving this kind of comment but from the perspective of the person giving it. How does saying something negative like this

help you? I guess it might feel good to vent if you feel like your time has been wasted. But really, how much of your time has been wasted? A few minutes? And whose fault is that? The bloggers or yours? In truth, making negative comments just keeps you in a negative mindset. It's also not a good way to make friends.

http://groups.yahoo.com/group/babes_in_blue

Solution: Learn to offer constructive solutions, first of all. Instead of telling someone their blog sucks, or that a post is lame, offer some specific suggestions for improvement. Help them get better. If you are going to take the time to make a comment, make it worth your time. Second, learn to interact with people in a more positive way it makes others feel good and it makes you feel better about yourself. And you can make some great friends this way. That's a good thing.

9. Insulting People Back http://groups.yahoo.com/group/babes_in_blue

Problem: If someone insults you or angers you in some way, insulting them back and continuing your anger only transfers their problem to you. This person was probably having a bad day (or a bad year) and took it out on you for some reason. If you reciprocate, you are now having a bad day too. His problem has become yours. Not only that, but the cycle of insults can get worse and worse until it results in violence or other negative consequences for both of you.

http://groups.yahoo.com/group/babes_in_blue

Solution: Let the insults or negative comments of others slide off you like Teflon. Don't let their problem become yours. In fact, try to understand their problem more why would someone say something like that? What problems are they going through? Having a little empathy for someone not only makes you understand that their comment is not about you, but it can make you feel and act in a positive manner towards them and make you feel better about yourself in the process.

10. I don't think I can do this I don't have enough discipline. Maybe some other time. http://groups.yahoo.com/group/babes_in_blue

Problem: If you don't think you can do something, you probably won't. Especially for the big stuff.. Discipline has nothing to do with it motivation and focus has everything to do with it. And if you put stuff off for “some other time”, you'll never get it done. Negative thinking like this inhibits us from accomplishing anything.

http://groups.yahoo.com/group/babes_in_blue

Solution: Turn your thinking around: you can do this! You don't

need discipline. Find ways to make yourself a success at your goal. If you fail, learn from your mistakes, and try again. Instead of putting a goal off for later, start now. And focus on one goal at a time, putting all of your energy into it, and getting as much help from others as you can. You can really move mountains if you start with positive thinking.

---------- Forwarded message ---------From: Lakshmi Narasimha Rao Guruju Date: Thu, Jun 25, 2009 at 11:54 AM Subject: FW: Useful : Tax e-Filing Made Easy To: "[email protected]"

Hi Regards, Narasimha

Hi All, Now no need to worry about your Income Tax returns. No need to Pay 100 / 200 Rs. to any consultant for your income tax return. Govt. of india has made it very simple through the eFiling. Follow the simple steps below and get the ITR Acknowledgement instantly. 1. Go to the site http://www.incometaxindia.gov.in/ 2. Click on the link eFile-Income Tax Return (see snagit below) at the top-left of the home page. [cid:[email protected]]
ndex.jsp>[cid:[email protected]] 3. Register urself once with the help of your PAN No. You PAN No. will be your lifetime used Id for eFiling. 4. From the TAB e-Filing A.Y. 2009-10, select Individual It will get u the ITR-1 Utility Excel sheet

ITR 1 Utility 5. With the help of your Form 16, fill the details in the XLS sheet above. Basically you need to upload all the data(salary, tax details) from your Form 16 to the xls sheet above. 6. Once the sheet is filled, click on the button Generate XML present on the sheet. This will generate a XML file based on the data filled in the ITR 1 form above. Save the file on your machine. 7. Now go back to the site once again and Log - In with the user id/ Passwd generated previously. 8. Under Submit Return select assessment year as A.Y. 2009-10

9. It will ask you to upload the xml file. Upload the xml file generated from the previous step. 10. Once the upload is successful, go to My Accounts->My Returns menu. Here you will get your digitally signed acknowledgement of ITR.

Its very simple, very convenient and should be known to every tax payer of India.

-Narasimha --~--~---------~--~----~------------~-------~--~----~ Have A Brilliant Career! Y.NIRANJAN Blogspot <www.navabharathians.blogspot.com> Orkut "In school, you're taught a lesson and then given a test. In life, you're given a test that teaches you a lesson." Tom Bodett You received this message because you are subscribed to the Google Groups "NAVABHARATHIANS" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/navabharathians?hl=en -~----------~----~----~----~------~----~------~--~---

LAND SURVEY NUMBERS

R.T.C (popularly known as Pahani) contains details of the total extent of land, names of the present and previous owners, kind of soil and crop, any mortgages, etc. Mutation Extract refers to the mode of acquisition of the property and the order stating that the Khatha may be transferred to the name of the present owner. Family tree certified by the Village Accountant/Revenue Inspector gives names of the members of the family of the present and past owners of the land and indicates whether they are living or dead. Karda copy refers to the occupant or the eldest of several joint occupants, whose name is entered in the Government records as holding unalienated land. The following is a list of documents of title with respect to agricultural lands to be obtained from the present owners and verified before their purchase/acquisition by lease, mortgage: Primary documents of title 1.R.T.C (popularly known as Pahani) issued by the Village Accountant contains details of the extent of land in a survey number or a sub-survey number, the extent of kharab land therein, the names of the present and

previous owners, their respective holdings, names of the tenants, the kind of soil/crop, any mortgages, charges made on the properties contained therein, the status of land (whether Inam land or not), the conversion order number, date in case any property converted therein from agricultural to non-agricultural use, the references to mutation and inheritance certificates where there is any change in ownership etc. 2. Mutation Extract issued by the Village Accountant or Tahsildar contains the extract from the mutation register or inheritance certificate with details of previous owner, the present owner, the mode of acquisition of the property, the total extent of the property and the order stating that the Khatha of the property may be transferred to the name of the present owner. 3. Parent Deeds and/or grant orders for Darkshath lands/re-grant orders in the case of Inam lands and Form No.10 occupancy certificate in the case of grants made under section 48A of the Karnataka Land Reforms Act, 1961. 4.Record of Rights and Index of lands extract and pahani contains details like extent of the lands, names of owners etc., This document is no longer being issued by the Revenue authorities. 5. Family Tree certified by the Village Accountant/Revenue Inspector clearly indicates the genealogical tree in the form of a flow chart, the names and age of the members of the family of the present and past owners of the land in question and also indicating whether the persons mentioned therein are living or dead. Secondary documents of title Tax paid receipts issued by the Village Accountant: It reflects the total tax paid by a person on his property and the period for which the tax has been paid. Form-7 & 7A Endorsements issued by the Tahsildar: It is an endorsement issued by the Tahsildar stating that no tenancy claims have been filed in Form No.7 or 7A in respect of the property in question pending before the Land Tribunal constituted for this purpose. Karda Copy: It signifies the occupant or the eldest or principal of several joint occupants, whose name is authorisedly entered in the Government records as holding unalienated land whether in person or by his cooccupant, tenant, agent, servant or other legal representatives. RR Balabagada Nakalu: It is a survey record issued by the Assistant Director of Land Records showing the name of the owner, the total extent of land, the extent of kharab land and the net extent of land in respect of sub-survey number after the parent survey number has been bifurcated.

Hissa Tippani Book Extract: It is a survey record issued by the Assistant Director of Land Records clearly showing the sketch of the entire survey number, its total area, extent of kharab land and net cultivable area along with its bifurcated portions and the names of owners of each sub-survey number, the relevant entry in the mutation registers pertaining to each owner. 79AB Endorsement issued by the Assistant Commissioner: This endorsement issued by the Tahsildar contains a statement that there are no proceedings under Section 79A or B of the Karnataka Land Reforms Act, 1961 which have been initiated in respect of the property in question. Village Map issued by the Survey Department: This document clearly indicates the map of the village in which the property in question is situated. Tippani Atlas copy issued by the Survey Department: Tippani is a sketch in respect of a property which is comprised in a single survey number and is not bifurcated into sub-survey numbers. Atlas is also a sketch of the property in question issued in respect of any survey number after its bifurcation from a parent survey number. Both these documents disclose the measurements of the property. Akarband Extract: Issued by the Survey Department, it indicates the total extent, boundaries and classification of the property in question. Podi Prathi Extract: Issued by the Survey Department, it indicates the bifurcation made on a Survey Number into sub-survey numbers. Hudbust Register Extract: It is a sketch issued by the Survey Department clearly showing the boundaries fixed on the land marked by boundary stones. Karab Uttaru Extract: It is issued by the Survey Department is a document which indicates the extent of kharab land in the property in question and the classification of the kharab land as `A' Kharab or `B' Kharab. Endorsement from the Special Land Acquisition Officer/BDA/KIADB / K.H.B etc.: It confirms that there are no acquisition proceedings in respect of the property in question. Encumbrance Certificate: This should be in Form No.15/16 for a period of at least 30 years from the office of the Sub-Registrar exercising relevant jurisdiction over the property in question. Additional documents

The following are the additional documents required in the case the property in question has been converted from agricultural to nonagricultural uses and purposes: 1. Conversion Order issued by the Deputy Commissioner or Assistant Commissioner under section 95(2) of the Karnataka Land Revenue Act, 1964 exercising jurisdiction over the property. The order also prescribes certain conditions and mentions whether the land has been converted for residential, commercial, industrial, public or semipublic uses. 2. Receipt evidencing conversion fine paid as levied under Section 95(7) of the Karnataka Land Revenue Act, 1964 in the form of a challan to the Treasury at the rates prescribed s in the Table under Rule 107 of the Karnataka Land Revenue Rules, 1966. 3. Conversion certificate issued by the Tahsildar confirms the conversion order and the conditions contained therein. 4. Form No.9, Form No.10 and Form No.11 issued by the Village Panchayat/Tahsildar. These forms are issued by the Panchayat after the conversion of the property has been done which contains the Khatha and Assessment in Form No.9, the receipt for having paid the taxes in Form No.10 and the Mutation Entry evidencing the transfer of Khatha in Form No.11. 5. Receipt for development charges paid issued by the Village Panchayat Secretary (Betterment Charges) 6. Non-Agricultural register extract (Form No.32) issued by the Revenue Department contains an extract from the Register mentioned above in which the entry and details of lands converted are entered.

TopoDepot.com, TopoDepotOnDVD and SkyTopo now include all of the Texas Railroad Commission's Texas Original Land Survey data in Vector CAD and GIS formats. These include the Section number, Block number, Abstract number, and original patentee. The data is in vector format, and georeferenced. TopoDepot can export the data in a variety of projections, datums, and output formats (AutoCAD DWG, AutoCAD DXF, ArcView SHP, Microstation DGN). Here is an example of the data for Brooks County. The first image is of the paper survey map. The second, the TopoDepot DWG version.

Note that the Texas Land Survey data appears on the 24KPLSS layer in TopoDepot.com and TopoDepotonDVD. Get a free sample of your choice from the samples page. Glossary of terms used by the Texas RRC Survey A survey is a certified measured description of a piece of land. The term sometimes refers to the land itself. In Texas, original surveys were performed as part of the patenting process whereby land was transferred from the public domain. These "patent surveys," recorded at the Texas General Land Office, constitute an official land grid for the State and are the basis for subsequent land surveys. Block A block is a defined set of original land surveys. A block has an identifying name and/or number, and surveys within it are usually consecutively numbered, mile square sections. Land grants from the State of Texas to railroad companies were often patented in blocks and sections. The term block is also used as a unit of a subdivision, i.e., subdivision/block/lot. Section

A section refers to a square land survey measuring exactly one mile on each side. Some of the land transferred from the public domain by the state of Texas was surveyed and patented in units of square miles. The Texas General Land Office officially considers these units sections. Also, it was common that larger land grants, such as school lands and capitol lands, were subsequently surveyed into square mile units for the convenience of sale; these surveys are also called sections. In addition, the term "section" is commonly used to describe surveys in a group that have been assigned consecutive survey numbers, even though some of them do not have the proper shape or size to truly be sections. Abstract In Texas, the term abstract refers to an original land survey describing an area transferred from the public domain by either the Republic of Texas or the State of Texas. These surveys are recorded in the "State Abstract of Land Titles," which is maintained by the Texas General Land Office. Each survey so recorded is assigned an abstract number, which is unique within the county in which the survey falls. Because Texas has never performed a uniform statewide land survey, these original surveys called "Patent Surveys" constitute the State's Official Land Survey System. DISCLAIMER The OTLS data was generated from the Geographic Information System of the Railroad Commission of Texas. County patent survey lines from Texas General Land Office maps were interpreted as accurately as possible over the U.S. Geological Survey base. The data provided by this system is continually being updated and refined and is intended solely for the internal use of the Commission. The Commission shall not be held liable for use of this data, which is provided as a public service for informational purposes only. PLEASE NOTE that this data is NOT intended to be used as an authoritative public record for any geographic location or as a legal document and has no legal force or effect. Users are responsible for checking the accuracy, completeness, currency and/or suitability of this data. The Commission makes no representation, guarantee or warranty as to the accuracy, completeness, currency, or suitability of this data, which is provided “AS IS”. The Commission specifically disclaims any and all warranties, representations or endorsements, express or implied, with regard to this data, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, or non-infringement of privately owned rights.

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ENSURING SECURE LAND RIGHTS FOR THE RURAL POOR IN ANDHRA PRADESH: A CASE STUDY Darryl S. Vhugen Karuna Vakati Renee Giovarelli 2 Acknowledgments The authors gratefully acknowledge the invaluable assistance and support of Mr. K.V. Raju, Principal Secretary, Andhra Pradesh Department of Panchayati Raj and Rural Development and Ms. Viziendra Boyi, State Project Manager, Land Component, IKP. The authors also thank Mr. Tim Hanstad, president of the Rural Development Institute, Seattle, Washington for being so generous with his time and expertise. 3

TABLE OF CONTENTS SECTION PAGE I. Introduction 4 II. Background and Origins of the Project 4 A. Land Reform in Andhra Pradesh- An Unfinished Agenda 4 B. Origins of the Land Component of IKP 5 III. The Process and Activities of IKP Non-Purchase 9 A. Beginning of the Non-Purchase Project 9 B. The Role of Paralegals and Community Surveyors 10 C. The Legal Assistance Program for the Poor 14 D. Other Aspects of IKP Non-Purchase 15 IV. Resources Required 16 V. Impact of the Program to Date 17 A. Statistical Results 17 B. Other Impacts 18 VI. Issues and Challenges 20 VII. Good Practices 22 VIII. Conclusion 23 4

I. INTRODUCTION An unlikely combination of organizations of poor women and youth from poor families trained as paralegals and community surveyors are identifying and resolving land issues of the poor in remote villages in the Indian State of Andhra Pradesh. A multipronged strategy has been adopted as part of a unique model for ensuring secure land

rights to the poor. This project began with a pilot project in Cuddapah District in July 2003. Since inception the program has expanded to cover parts of every district in the State.

II. BACKGROUND AND ORIGINS OF THE PROJECT A. Land Reform in Andhra Pradesh- An Unfinished Agenda Andhra Pradesh, the most populous state in southern India, has a predominantly agrarian economy. More than 75% of the people in rural areas depend on agriculture and allied activities for their livelihood. At Independence in 1947, India inherited three types of land revenue systems from the British. These systems broadly defined the relationships among the layers of land rights and control exercised by (or imposed upon) the state, landowners, landlords, tenants, and laborers.1 As a result, many individuals gained intermediate rights to control land and land revenue, placing increasing pressure on the poor who actually cultivated the land. In addition, tenancy was widespread in India during the early years after 1947. The system greatly favored powerful landlords at the expense of their tenants. Most tenancies were oral and the landlord could terminate them at will. Laws provided virtually no protection for the most vulnerable tenants. After achieving independence, national and state governments in India embarked on a strong land reform agenda with a view to bringing about a more equitable distribution of land. A slew of progressive land reform legislation was adopted. In Andhra Pradesh, as elsewhere in India, the major thrust of these laws was to ensure secure land rights to the poor.2 1 For

background on India land tenure systems, see generally P.S. APPU, 1996. LAND REFORMS IN INDIA (New Delhi: Vikas Publishing); G. KOTOSKY, 1964. AGRARIAN REFORMS IN INDIA (New Delhi: People’s Publishing House). 2 A partial list of the land reform legislation adopted in Andhra Pradesh since independence includes: AP Land Reforms (Ceiling on Agricultural Holdings) Act, 1973; AP (Andhra Area) Tenancy Act, 1956; AP (Telangana Area) Tenancy And Agricultural Lands Act, 1950; AP Assigned Lands (Prohibition Of

Transfer) Act, l977; A.P (Telangana Area) Abolition Of Inams Act, 1955; AP Land Grabbing (Prohibition) Act, 1982; Andhra Pradesh Rights in Land And Pattadar Pass Books Act, 1971; and Andhra Pradesh Occupants Of Homesteads (Conferment Of Ownership) Act, 1976.

5 Land reform in Andhra Pradesh focused on three main areas: abolition of intermediaries, tenancy reform and the imposition of land ceilings. Tenancy reform legislation affected both existing and future tenancies and was intended to give tenants greater security. Generally, existing tenants received permanent rights to occupy the land on which they lived. Future tenancies were either prohibited or severely restricted.3 While the tenancy reform laws largely failed to achieve their goals of protecting tenants and providing land ownership rights to the landless rural poor, the restrictions did result in approximately 107,000 tenants receiving ownership rights to almost 600,000 acres. After 1947 all Indian states adopted land ceiling legislation that limited the amount of agricultural land a person or family can own. The laws were designed to equalize land holdings by taking possession, often for inadequate compensation, of the land in excess of the ceiling. Excess land was then to be redistributed to poor, landless, and marginal farmers.4 In Andhra Pradesh, the land ceiling law gave another 582,319 acres to over 540,344 beneficiaries. State government statistics report 647,344 households benefiting from these land reform laws, which amounts to one percent of all rural households in Andhra Pradesh.5 Other households benefited from wasteland distribution programs. As of March 2002, the State had distributed 4,202,000 acres of assignable government land to eligible beneficiaries.6 Yet, despite a definitive pro-poor slant in the laws and 3 decades of sustained official effort, many of those who were supposed to be land reform beneficiaries as well as other small and marginal farm families in Andhra Pradesh (and elsewhere in India) have not fully realized the land rights to which they are entitled. They do not know their rights and are usually unable to assert those rights when they do understand them.

Thousands of land cases of the poor are pending in various courts. The reforms have been undermined by many factors, including corruption, lack of resources, weak administrative mechanisms and diversion of land administration personnel to other work. Perhaps most importantly, land reform has become a lower priority for the State. B. Origins of the Land Component of IKP 1. The Indira Kranti Patham Project 3 The

State of Andhra Pradesh is divided into two areas which to some extent are governed by different laws. The Telangana area of Andhra Pradesh prohibits new tenancies unless the landowner is a smallholder (defined as holding less than 18 acres of irrigated land) or deemed “disabled,” a status defined to include women. Where tenancies are permitted under these exceptions, they must meet precise requirements for duration of the tenancy and rate imposed. In the Andhra area of Andhra Pradesh, the law permits tenancy relationships, but they must meet strict requirements regarding duration, rates, and renewal that grant substantial rights to qualifying tenants. 4 In Andhra Pradesh, the law permits a family of five to hold between 10 and 54 acres of land depending upon the quality of the land. N.C. BEHURIA, 1997. LAND REFORMS LEGISLATION IN INDIA: A COMPARATIVE STUDY (New Delhi: Vikas Publishing House). 5 The calculation is based on the 2001 census for A.P. 6 ANNUAL REPORT GOVERNMENT OF INDIA MINISTRY OF RURAL DEVELOPMENT, 20022003, at Annex XL.

6 These land issues are being tackled as part of the larger Indira Kranti Patham (IKP) project which is implemented by the Society of Elimination of Rural Poverty (SERP) through District Rural Development Agencies. IKP is a statewide, community demand driven, rural poverty alleviation project. The overall objectives of the project are poverty alleviation and empowerment of the poor through institution building and enhancement of livelihood opportunities so that they are able to articulate their needs and aspirations and access natural resources and facilities available in an optimum manner. IKP grew out of the South Asian Poverty Alleviation Project (SAPAP) which was implemented in the early 1990’s in a select 100 districts across India of which 4 were in Andhra Pradesh. Many of the lessons learned from SAPAP were incorporated into Phase

I of IKP when it began in the mid-1990s. IKP is being implemented throughout the State. SERP is an independent autonomous Society established under Indian Law. SERP was established as an independent entity because it was thought that the Department of Rural Development would be unable to adopt a sufficiently pro-poor approach to the goals of IKP. However, while SERP technically is not a government agency, it is led by government ministers who have been deputed to it. Thus, SERP is managed by an executive council headed by the Minister and Principal Secretary of the State Department of Rural Development. Most of the senior managers are Andhra Pradesh government officers. This close relationship between SERP and the government has allowed SERP managers to hand-pick its senior staff from government ranks. However, not all staff are government officers; some come from the private sector. 2. Reliance on Self Help Groups of Poor Women IKP depends heavily on a network of “Self Help Groups” of poor women. One major lesson learned from the experience in Andhra Pradesh is that poor women, when organized into strong groups, as a collective have much stronger bargaining power and are better able to articulate their needs and demands. As a result, pro-poor project initiatives become easier to facilitate. Accordingly, institution-building of the poor women was a major area of emphasis in Phase I of IKP. There are now approximately 700,000 Self Help Groups (SHGs) in Andhra Pradesh.7 Typically, 10-12 women form a SHG. At the village level the SHGs together comprise a Village Organization (VO). The leaders of the SHGs are members of the VOs. These VOs federate at the mandal8 level into Mandal Samakhyas (MS). The leaders of the VOs are members of the MS. At the district level the MSs federate into the Zilla (District) Samakhyas. The leaders of the MSs are members of the District Samakhya.9 All those who are part of the SHG network, from SHG members at the village level up through the leaders of the Zilla Samakhyas, are women.

7 This

is the most recent count as reported by the CEO of IKP. Pradesh consists of 23 districts. A “mandal” is a subdivision of a district. Thus, each district is made up of multiple mandals. 9 See the chart attached as Annex 1. 8 Andhra

7 With personal savings as the starting point the SHGs form the base of a massive micro finance network which makes loans to the members and others. This network has established strong linkages with commercial banks. Social goals such as eliminating child labor, eschewing domestic violence and reducing alcohol abuse, also form a part of their agenda. Backed by a strong network of community workers the federations of poor women in Andhra Pradesh have achieved unprecedented success both economically and in other spheres of life.10 3. The Development of the IKP Land Component When IKP started in the mid-1990s, the program did not include any activities aimed at helping its target group – the poorest of the rural poor – to secure rights to land. Gradually, SERP, the AP state government, and the World Bank recognized the important connection between land access and poverty alleviation. One of the major findings of a World Bank poverty analysis for Andhra Pradesh identified limited ownership of land as a major reason for a lack of economic activities available to the rural poor.11 As a summary of the report stated: The project constituency are largely landless. In addition to … healthrelated constraints … lack of natural capital is a barrier to the rural poor moving out of poverty. Landlessness and poverty are two closely related conditions. Alongside land reform processes, the project must search for alternative means by which to connect the poor to a base of productive natural capital.12 The government’s poverty reduction strategy also recognized security of land rights as an important area of emphasis.13 There was wide-spread recognition that the rural poor suffered from a lack of awareness and access to information about their rights and a lack of legal support to enable them to take advantage of the government’s propoor land legislation and programs. This situation prevailed in non-tribal and tribal areas alike.14

So, in 2002, planning began to add a new land component to IKP to help the rural landless gain access to land. The objectives of the IKP land component are to: 10 The

achievements of the SHG movement have prompted visits by two World Bank Presidents and the President of the United States. 11 World Bank, Project Appraisal Document on a Proposed Credit in the Amount of SDR 114 Million (US$150 Million) to the India for the Andhra Pradesh Rural Poverty Reduction Project, January 3, 2003, at 5. (Hereinafter this document is referred to as the “WB PAD.”) 12 Id. at Annex I: Attachment 3, page 43-44. 13 Id. At 7-8 14 “Tribal areas” refers to land in specified areas occupied by indigenous groups known collectively in India as “Scheduled Tribes.” Scheduled Tribe members are those who originally inhabited forest areas and whom the government recognized as especially vulnerable to exploitation. Under the Andhra Pradesh Schedule Areas Land Transfer Regulation, 1959, as amended in 1970, 1971 and 1978, land in tribal areas may not be transferred to those who are not members of Scheduled Tribes. Non-tribal areas includes all land not located in Tribal areas.

8 Secure land rights of the poor in the State by adopting a multi-pronged strategy and converging with existing service delivery mechanisms. Build awareness of the poor of the various land laws in the State and their rights and entitlements under the land reform legislation. Make the federations of women the platform on which the poorest of the poor can articulate the issues relating to their land rights and a channel through which the system takes cognizance of and addresses land related problems. Empower the poor to enable them to fight for their land rights on a level playing field by providing the necessary support at every level. Provide necessary complementary support to the existing government machinery in addressing land issues of the poor. Form constructive working partnerships with Government Departments, academic and other institutions and individuals wherever desirable to achieve the objectives. Provide legal advice and assistance to the poor in case of litigation involving land disputes. In order to achieve these objectives a pro-poor organizational support structure

has been put in place. This structure is staffed primarily by current and retired functionaries from Government and youth from civil society, most of whom are themselves from poor families. Lawyers and surveyors provide technical support. The administrative structure is described in Annex 2. The IKP project includes two land-related components: (1) a Land Purchase component in which government funds are used to purchase plots of land for landless rural families,15 and (2) a “Non-Purchase” component, the basic aim of which is to ensure secure land rights to the poor through methods other than purchasing and distributing land. The initial budget for the entire land component was five million rupees.16 This case study focuses only on the Non-Purchase (“NP”) program. IKP leaders took the lead in initiating the NP program. As the Land Purchase component was taking shape, IKP officials noticed that the administrative process established to resolve land disputes was ill-defined and distinctly anti-poor. Disposal of cases was ad hoc and the revenue magistrates were not trained to deal with cases effectively. This prompted IKP to take a closer look at the system and its flaws. 15 Unusually,

the World Bank sanctioned a pilot land purchase scheme (US$5 million) wherein land was identified and rates negotiated by interested members of the Self Help Groups and purchased in the names of women. The Bank normally does not finance the acquisition of land. See WB PAD at 10 and 48. 16 Society of Elimination of Rural Poverty, Indira Kranthi Patham Land Access for the Poor, at 3 (undated.)

9 Coincidentally, a student leader at the NALSAR University law school approached IKP to discuss legal literacy camps that a group of students were conducting to create awareness among the public on various legal issues affecting them. In response, IKP suggested to the students that they might focus their volunteer activities on IKP land legal issues. The students enthusiastically agreed. IKP’s director at the time followed up with a series of meetings with Revenue System officials in Warangal District and convinced them to give the students access to pending case files so that they could

perform fact-finding and otherwise assist in resolving the cases. The students’ work led to the resolution of some cases at the village level in that District. These early efforts met with general approval and acceptance by the Revenue System officials. The efforts also led to the development of the NP program described below.

III. THE PROCESS AND ACTIVITIES OF IKP NONPURCHASE The specific goals of the IKP Non-Purchase program are: (1) making poor people aware of their rights; (2) ensuring title and tenure security of lands to the poor by identifying and resolving issues relating to land; and (3) socially empowering the poor to assert their rights. The ultimate goal is to provide the community with the power to handle their own land issues capably. Thus, an overriding objective is to transfer land knowledge and information to the village communities. The direct beneficiaries (clients) of NP are the individual women members of the village SHGs and their families. The program works mostly through training young people from villages to act as paralegals. The paralegals teach members of SHGs about their legal rights. They also work with the women and other local activists to identify and help resolve land issues and disputes to which the women are parties. Because many of the cases require surveys (and the government has a shortage of surveyors), the program also trains educated youth from the villages as “community surveyors” in partnership with the Department of Survey and Settlement. They work with the paralegals to resolve cases requiring survey work. The SHGs’ enhanced awareness and collective power also helps their members in asserting their rights. The work of the paralegals and community surveyors is increasingly augmented by assistance from lawyers and law students in the Legal Assistance Program for Land (LAPL) program. Other programs, such as creation of a Land Center, expanding a partnership with a large law school and enhanced training are in the process of

implementation under the auspices of NP. A. Beginning of the Non-Purchase Project The formal NP activities started modestly in 2003. In each of 22 districts, one employee of the district land administration department received a series of orientation and training sessions on land issues affecting the poor. Thereafter each such functionary 10 began identifying land issues of the poor and bringing them to the attention of departmental officials. The functionaries attempted to use their influence in the department to persuade the officials to address them. Over the next two years the activities and scope of the project were expanded. One of the key new initiatives of IKP was a pilot legal assistance program in 41 mandals of Cuddapah District.17 The program is restricted to land issues. The objectives of the pilot program were to: Design and implement a Legal Assistance Program on a pilot basis in select Revenue Courts.18 Speed up the resolution of cases in Revenue Courts. Sensitize the Revenue Magistrates on the importance of their role. Train and make available paralegals to act as a bridge between the community and the system. Gain a better understanding of the nature of cases pending in revenue courts. Develop a model for implementing the legal assistance program at the district level. In the pilot project paralegals were trained and put to work. In total, 152 cases involving 1,648 acres of land were successfully resolved during the pilot period. After this initial success, the pilot project was expanded to 41 mandals in the district. B. The Role of Paralegals and Community Surveyors Based on experience gained in the pilot program, IKP NP has been expanded to more than 400 mandals in 22 of 23 districts of Andhra Pradesh.19 Paralegals and community surveyors are the foot soldiers of the NP project. They are trained to work directly with their clients, the women in the SHG network, to resolve specific landrelated

problems and to educate and empower poor women so that they will become increasingly able to solve such problems on their own. All come from rural, underprivileged backgrounds. An estimated 80% of the paralegals and community surveyors are male. This is due in part to the fact that social factors constrain women from taking these positions because the jobs often require traveling or staying in villages after dark, which is culturally difficult in rural India. 1. Training of Paralegals 17 Id.

at 5.

18 Generally, 19 Society

the Revenue Courts are charged with resolving land-related disputes in A.P. of Elimination of Rural Poverty, Indira Kranthi Patham Land Access for the

Poor, at 6 (undated). NP does not operate in Hyderabad District because it is entirely urban.

11 Paralegals and community surveyors undergo separate training. While the paralegal training program in each district may vary slightly, the program generally includes three parts: (1) several days of immersion training in a village to learn about IKP from the VO and SHGs, get to know the VO leaders and SHG members and learn about the SHG concept and land problems; (2) several more days of training on basic land laws, rules and revenue records; (3) field training as part of the physical inventory of a designated village, described in more detail below; and (4) course work at NALSAR University of Law20 after the completion of a few months of field work. Overall, paralegals are taught how to identify and resolve land issues. A handbook has been prepared for the paralegals in each district. It identifies 19 issues they may encounter. 2. Training of Community Surveyors Training of the community surveyors begins with an extended session21 at the Survey Training Academy in Hyderabad, the state capitol. They (1) learn about the theory of survey and its importance; (2) make field visits to learn how to conduct surveys; and (3) prepare maps on the field visits. The community surveyors also visit government offices to review the different types of land records and see how they are maintained. The training is intended to teach survey skills and impart a pro-poor

perspective. Those who pass the Academy course are sent to a village for immersion training similar to that experienced by the paralegals. In addition, during the immersion period the community surveyors conduct a demographic survey of the village, which includes obtaining information about land and the security of land rights. After their immersion training, the community surveyors begin an apprenticeship with the Mandal Surveyors. The goal is for community surveyors to be able to perform surveys independently within 6-12 months. They learn how to act as intermediaries between the SHGs and MSs and the Revenue Officers. 22 3. Training in Physical Inventories of a Designated Village As part of their training, paralegals and community surveyors participate in a comprehensive physical inventory of a village. In addition to training, the objectives of the physical inventory are to: (1) educate the people in the village about land issues; (2) resolve some of the problems found in the village and try to prevent future problems; and (3) teach the SHGs how to solve land problems themselves. The focus of the physical inventories is on determining the occupancy and land record status of government land that had previously been assigned to a poor family but where, for any number of reasons, the assignment was never fully consummated. Each 20 Although

the paralegals are not law students; the law school provides them with several days of coursework geared specifically to their tasks on this project. 21 For example, community surveyors in Anantapur District attended 57 days of training at the Academy. 22 Mandal Surveyors and Revenue Officers are government employees who work as part of the Revenue System that administers land in the State.

12 inventory generally consists of several steps: (1) using local land records to identify what land on the village map is government land; (2) visiting the field with the map to determine who actually occupies the government land; (3) if the land is being occupied by someone other than who is shown on the Assignment Register, the team inquires immediately to try to explain the discrepancy; and (4) creating a list of all discrepancies

and making further inquiry in the village at night in order to speak to those who were not on the land during the day. Ultimately, paralegals and community surveyors attempt to resolve any problems identified in the physical inventory. 4. Duties of the Paralegals Each paralegal is assigned to one mandal. Initially, each paralegal concentrates on three villages. Once the work in those villages is completed, the paralegal moves on to other villages in the mandal. Their duties fall into five major categories as described below. A. Working with SHGs. One of the most important functions of the paralegals is working to educate and empower the SHGs to enable them to address issues related to land. The first step is to attend monthly meetings of the SHGs to explain why the paralegal has come and to build confidence and trust. The paralegals provide information regarding land records and land rights and inquire about land problems faced by individual SHG members. One goal is to encourage the members to bring land problems to the paralegal for assistance. B. Identification of Land Issues. Based on information provided by the SHGs and, in some cases, from the physical inventories, the paralegals identify and record land issues plaguing the SHG members. Such issues often include: (1) the “Patta” (land title certificate) has been issued under the land distribution program but the assignee has not received physical possession of the land; (2) the assignee has physical possession but not the Patta; (3) the assignee has a Patta and possession of the land but the local revenue records do not reflect such ownership; (4) the assignee has undisputed ownership but a locally powerful person has encroached on the property; (5) the land is tied up in very lengthy litigation, possibly in more than one court; (6) there is a boundary dispute; (7) there is government land available for distribution to the poor but which has not been distributed; and (8) a locally powerful person has caused a criminal case to be filed

against a poor person in connection with a land dispute. For each such reported issue the paralegal conducts an inquiry and prepares a written case report for the Village Organization. C. Formal Petition to the Government Revenue System via the SHG Network. After receiving the paralegal’s report, the VO passes a resolution to forward the issue to the Mandal Samakhya for onward transfer to the government administrative process for formal redress. The paralegal assists the MS in filing a formal petition to the administrative body with full and accurate details of the case. 13 D. Assistance and Support to the Revenue System. Depending on the type of issue, the paralegal may provide assistance, support or advice to the administrative machinery in order to resolve the issue. This could be in the form of filing applications in the prescribed format with full details of the case, providing one of IKP’s surveyors23 to survey disputed land, doing local enquiry of actual facts on the ground, obtaining a legal opinion from the IKP District legal coordinator or a lawyer, assisting the government machinery to issue notices or providing legal support in court. E. Tracking the Case until it Is Resolved. The paralegal is responsible for tracking the progress of individual cases to ensure they are progressing satisfactorily. Paralegals are expected to provide reports on cases and outcomes to the IKP District Office every two weeks in a format prescribed by SERP. At the District office a computer operator enters the data.24 5. Duties of Community Surveyors Like the paralegals, community surveyors work closely with the SHG network to identify and resolve land problems. Their duties include: A. Working with SHGs. Although identifying land problems is primarily the responsibility of the paralegals, community surveyors also spend time with the SHGs to help on issue identification and sensitizing SHG members on their legal rights. B. Interaction with Revenue Surveyors. The community surveyors liaise between the SHGs and the Mandal Surveyors and other Revenue System functionaries.

They work directly with Mandal Surveyors on issue resolution. C. Conducting Surveys. Eventually, at the end of their apprenticeships the community surveyors will conduct their own surveys independent of the Revenue System Surveyors. 6. Supervision and Management of Paralegals and Community Surveyors Paralegals are contract employees of the MSs which can and will terminate them for poor performance. Their first priority is to carry out the wishes of the MS. They attend MS meetings once each month when land issues are on the agenda. Community surveyors are hired and work for the District Samakhyas. Anecdotal evidence suggests that this unusual arrangement, where the largely uneducated women who manage the MSs and DSs employ educated, mostly male paralegals and community surveyors, is working well. This may be due to the fact that many of the women in the SHG network have been dealing successfully with bankers, traders and others for more than a decade as part of SHG network activities. They have been overseeing the IKP support staff, many 23 IKP

has access to trained surveyors to work on boundary disputes. These surveyors are fully trained and should be distinguished from the community surveyors described in this section. 24 In Kurnool District the data is entered in Word format because the office lacks database software.

14 of whom are male, for many years so do not find it daunting to supervise the male paralegals and community surveyors. C. The Legal Assistance Program for the Poor Another component of the IKP Non-Purchase project is the Legal Assistance Program for the Poor (LAPL). This program is being established in both tribal and nontribal (“plain”) areas. In each area, the project plans to establish a lawyer’s panel at the district level to provide lawyers to represent the poor in land litigation. Such panels have not yet proceeded beyond the conceptual stage.25 In general, the poor in India lack awareness and information about their legal rights and have little or no legal support in enforcing those rights. In addition to being unable to take advantage of the Government’s pro-poor land legislation and programs,

the high cost and the enormous length of time involved in the litigation process puts the poor in a very vulnerable position. 2 6The

broad objectives of the LAPL are essentially the same as the larger NP project: (1) provide legal assistance to the poor; (2) create legal awareness among them of their land rights so as to legally empower them to protect their rights by providing them with necessary information. Several steps have been adopted in order to achieve these objectives: IKP has entered into agreements with several law colleges under which the colleges will provide clinical training in land and tribal law to students. The students are given access to files in the courts where judgments adverse to the poor have been entered. The students study the files and prepare lists of cases with grounds for appeal. 25 For

details of these panels, see Annex 3. preceding case is from Nielsen and Hanstad, A Preliminary Examination of the Systems for Resolving the Land Disputes of India’s Rural Poor With Specific Reference to the States of Andhra Pradesh and Gujarat, (2006) at 6 (unpublished paper prepared for the World Bank and on file at the Rural Development Institute, Seattle, Washington). 26 The

In 2000 the State of Andhra Pradesh assigned a parcel of vacant land to a group of landless women in the village of Somireddipally in Cuddapah District. Some nonresidents opposed the assignment in court, claiming that they had spent 15 years cultivating the land after they had been assigned the land in 1986. The lowest level court official found that the nonresidents had no evidence of ownership and were not cultivating the land. However, on appeal the High Court granted an injunction to the nonresidents preventing the revenue department from reassigning the land. The action has been pending since 2001. No one is cultivating the land. 15 Competent lawyers from a lawyer’s panel, when it is established, will then be retained to pursue the valid appeals. Lawyers are also available to represent the interests of the poor in cases involving tribal and non-tribal lands in the high court. The LAPL program for members of Scheduled Tribes (STs) is operational in 76 tribal mandals in the districts of Adilabad, Warangal, West Godavari and Visakhapatnam in the State. The program is also known as Giri Nyayam. It assists ST members in

enforcing land rights granted to them under the stringent Andhra Pradesh Scheduled Areas Land Transfer Regulation of 1959 (popularly referred to as LTR). LTR prohibits the transfer of certain land to any person except a member of a ST. The law also established special courts to adjudicate legal disputes related to ownership of such land. Despite this law, more than 48% of the land in Scheduled Areas is held by non-tribals. This is due largely to STs having little or no awareness of their legal rights or voice in matters involving ST land and because government officials have had little understanding of, or sympathy for, ST land rights. D. Other Aspects of IKP Non-Purchase 1. Creation of a Land Rights and Legal Assistance Center in Each District IKP intends to establish a Land Rights and Legal Assistance Center in each District of the State. These centers will serve as one-stop service centers for the poor to find detailed information on land, land ownership and land litigation. Constituents will also have access to the services of paralegals, surveyors, Revenue Department functionaries and lawyers. Work on these centers is progressing briskly. Computers have been procured for digitizing information at every level. 2. Training Community Members; Handbook To date approximately 500 members of the SHG community have received training on rudimentary land laws. In addition, with assistance from lawyers and revenue system functionaries, NP has developed a series of handbooks in the local language, Telegu, containing step-by-step procedures for identifying and resolving common land issues for use by the paralegals and SHGs.27 3. Partnership with Law Schools and Law Colleges IKP has entered into an agreement with the NALSAR University of Law in Hyderabad covering the following activities: Establishing a Tribal Land Rights course. Organizing a Paralegal Certification course. 27 The

development of the handbooks is described in Annex 4.

16 Facilitating the speedy disposal of land cases pending in civil courts. Providing legal support to LTR authorities. Research and documentation of issues pertaining to tribal land rights. In addition, IKP has entered into partnerships with other law colleges for the purposes of

making students available to act as volunteer paralegals and advocates for the poor. Law students who take a Legal Aid Clinic course are required to provide free legal aid to the poor. This assistance is provided via LAPL. LAPL conducted a training program in May 2007 for 70 students from 18 law colleges in 14 districts on land legislation and legal aid. The main objective of this training was to sensitize students about the importance of legal aid activities in the law curriculum and to provide skills training. The training program triggered legal aid activities in 12 law colleges in 9 districts. Each student adopted one village with the aim of making it a land litigation-free village. The students are working in the villages to identify land problems of the poor and assist in getting them resolved.

IV. RESOURCES REQUIRED Within IKP, the NP component is overseen by a Project Manager and a State Legal Coordinator at the state level. In each district, the project is managed by a District Project Manager, a Land Manager and a Legal Coordinator.28 Funding for NP comes from the larger World Bank-supported IKP Land Project. The budget for NP was Rs 107,100,00029 for the 2006-07 fiscal year, the most recent year for which the data are available.30 Estimated personnel-related costs per month for the entire IKP Land Component are Rs 1,535,000, as described in Table 1. Paralegals work only on the NP portion of IKP Land. Other staff members work on both the Land Purchase and NP projects. Paralegals are paid a monthly salary of Rs 2,500 plus up to Rs 1,000 in reimbursement for work-related travel costs. Community surveyors receive Rs 3,500 per month with no travel cost reimbursement. These salaries would generally be viewed as sufficient to support a simple lifestyle in a rural area. According to interviews in Kurnool and Anantapur Districts in March 200731, however, paralegals and community surveyors believe these salaries are too low. In the latter District, those interviewed suggested monthly salaries in the range of Rs 5,000-6,500.32 28 See

Annex 2.

29 Using

an exchange rate of Rs 45/US$1, the generally prevailing rate in 2006, this translates to US$2,380,000. 30 Government of Andhra Pradesh Panchayati Raj and Rural Development Department Order G.O.Ms.No.312 (Aug. 7, 2006) at 2. 31 Field interviews conducted by co-author Darryl Vhugen and Tim Hanstad, president of the Rural Development Institute. 32 Community surveyors also suggested they be provided with GPS devices for the surveys and perhaps small motorcycles for their travel requirements.

17 TABLE 1: ESTIMATED MONTHLY BUDGET FOR IKP LAND COMPONENT33 Category Remuneration per person (inclusive of transport) (Rs) No. of staff Total Cost (Rs) State Project Manager 40,000 1 40,000 State Legal coordinator 25,000 1 25,000 Project Managers (State) 30,000 2 40,000 Additional Project Directors (District Level) 30,000 22 @ 1 per district 660,000 District Project Managers 15,000 22 @ 1 per district 330,000 District Land Managers 10,000 22 @ 1 per district 220,000

District Legal Coordinators 10,000 22 @ 1 per district 220,000 Paralegals 3,500 400 1,400,000 Community Surveyors 3,500 400 1,400,000 Total 892 2,955,000

V. IMPACT OF THE PROGRAM TO DATE While the Non-Purchase project is too new to show any long-term effects, some preliminary quantitative and qualitative impacts can be reported. A. Statistical Results The statistical results from the first year of the scaled up version of the IKP NonPurchase program are impressive. As detailed in Annex 5, the project reports significant activities in 19 districts during the year ending on October 10, 2007. In that period, the program identified land issues involving a total of 78,873 people covering over 110,000 acres of land. The issues fall into 25 defined categories. More than 27% of those issues have been resolved. 33 The

costs listed in Table 1 are approximate costs. The State Project Manager, Additional Project Directors and District Project Managers are Government Servants and are paid as per their seniority so their salaries may vary from district to district. Generally, IKP Land does not have office space separate from that already paid for by IKP generally. Space for land centers in the districts will cost from Rs 2,000-5,000 per office.

18 Comprehensive, state-wide statistical results are not available for LAPL. However, in the first 33 months of the pilot project in Cuddapah District, the project assisted 6,155 people in 41 mandals with problems involving 11,325 acres of land. As of August 2007, land problems of 9,371 people involving 16,967 acres had been submitted to Revenue System authorities for action.34 B. Other Impacts In addition to statistical results, several qualitative impacts have been observed:

1. Land Issues Becoming Part of the Agenda of Poor Women’s Federations In Andhra Pradesh women’s federations have been at the center of development efforts which have resolved several social and economic issues by themselves. The addition of land issues to their agenda is proving to be a positive step forward for those development efforts. Observers at the village level report that after the first land issue has been resolved the SHG members invariably become convinced of the IKP functionary’s commitment to resolving their issues. Moreover, the more vocal members (usually the leaders) are often the first to speak up and have their issues addressed. As a result, these influential women tend to speak positively of their experience to the other members. That factor, combined with the effect of regular attendance at SHG network meetings of paralegals and occasionally of the legal coordinator, results in the regular inclusion of land issues as agenda items at the VO and the MS meetings. This, in turn, raises even more awareness of land issues and how they can be resolved. All of the women interviewed during the study said that they previously would not even dream of taking up land issues as an SHG agenda item as they lacked awareness 34 The

case in the following text box was reported to co-author Karuna Vakati in field work conducted in November 2007.

For 60 years a group of families in Lingannapalem village in the Khammam District of Andhra Pradesh have cultivated 54 acres of government-owned land. Beginning in early 1983, these families attempted to obtain title to their ¼ acre parcels pursuant to government rules providing that poor people in possession of government lands should receive title after a requisite number of years of cultivation. However, their efforts were thwarted by a powerful owner of adjacent land who exerted pressure on government officials and the families themselves. Finally, after more than twenty years, the families have obtained title to their parcels because of the efforts of a paralegal and community surveyor made available through the NP project in Andhra Pradesh. 19 and sufficient information on which to do so. But with the encouragement of the IKP land functionaries they feel capable of discussing the issues and applying formally to the

Revenue Department for redress. NP is proving to be a very empowering tool. 2. Revenue Administration Beginning to View Land Issues of the Poor as a Separate and Important Responsibility The IKP NP, with the strong support of the Department of Rural Development, has prompted Revenue System officials to pay attention to land issues of the poor as never before. Such issues are now listed separately in system records and the concerned officials are regularly reviewed on actions taken. This places pressure on the administrative machinery to consider and respond to land issues promptly. 3. Revenue System Is Beginning to Seek IKP Assistance on Land Issues Increasingly, the Revenue System functionaries are depending on IKP paralegals and others to assist in investigating and resolving land cases. The work done by paralegals is ensuring that the facts are reaching the officials. The availability of IKP community surveyors is reducing the waiting time for surveys by months if not years. Revenue System surveyors are in chronically short supply because of past policy decisions and because of the numerous general tasks assigned to them. As a result, it is often months before a surveyor is able to survey a parcel of land. Community surveyors are beginning to reduce this time lag and they are beginning to make the jobs of the government surveyors easier as they cooperate on cases involving the poor. There is plenty of room in the system for the government and IKP surveyors to work in a complementary fashion. Generally speaking, Revenue System officials have welcomed the involvement of IKP as it has enabled them to reduce the backlog of cases they must address. Thus, IKP has found little resistance from the system in pursing the NP activities. Similarly, the availability of an IKP legal coordinator who is able to provide a legal perspective to a land issue is proving very useful for the revenue officials in making decisions. Usually, such officials do not have the benefit of such legal advice because (1)

legal opinions are not available if a specific case is not in court and the officials prefer to tread cautiously or, (2) even where they seek a legal opinion the Government Pleader in the district has so much work that there will be considerable delays in receiving the opinion. 4. IKP Is Providing Representation to the Poor in the Courts In the courts, IKP’s ability to engage competent and committed lawyers to represent the poor on land cases in the various appellate courts (revenue and civil) at various levels (from sub district, district and state level) is beginning to ensure defense of the interests of the poor. Previously, most rural poor were forced to represent themselves in court. While the lawyer’s panels have yet to be established, IKP has provided lawyers in approximately 500 land cases to date. 20 The law college training program described above led to legal aid activities in 12 law colleges in 9 districts. The students are working in tribal and non-tribal areas alike. Each student adopted one village and is working to identify and resolve land problems of the poor. The goal is to make each village free of land litigation. 5. Impact on Men Formal research has not been conducted on how NP has affected males in SHG member families. Overall, men benefit from the NP program’s successes to the same extent as their female relatives. This is because the land problems resolved by the efforts of the paralegals and others often relate to land that was initially allocated in the name of men. In addition, since the mid-1980s government land in Andhra Pradesh has been titled in the name of women. The male members of the families benefit when the family receives land. Observers in the field report anecdotally that husbands do not object to land being placed in the name of their wives.

VI. ISSUES AND CHALLENGES While IKP NP is off to a promising start, a number of issues and challenges have become apparent: 1. Obtaining and Maintaining Adequate Financial and Human Resources

Thus far, the NP project has been funded by a loan from the World Bank. Funds from that loan are sufficient to support the project at its current level until September 2008. There is concern over whether the State will be able to provide sufficient financial support for the program thereafter. This is especially true in view of the fact that the project is only operating in a few mandals of each district. Demand to further expand the project is high and will require a substantial increase in funding. IKP NP leaders hope to expand the program to cover a much larger geographical area. This will require hundreds more paralegals and community surveyors. In addition, with the number of issues being raised by SHG members threatens to overwhelm the paralegals in the mandals where they currently operate. This is due to one of the clear achievements of the program: raising awareness of legal rights among the women. This increased awareness means that more women speak up about their land problems. More problems mean an increase in each paralegal’s caseload. More paralegals will be needed simply to deal with new problems identified in the mandals currently covered by the project. There are no current plans to try to phase out the paralegals in any particular areas as project leaders believe the demand for their services will continue for the foreseeable future. 2. Improved Supervision and Training 21 With some 400 paralegals on staff supervision is a challenge. There are too few district project managers, land managers and legal coordinators to afford an optimal level of ongoing supervision and guidance. Some paralegals themselves have suggested that they could use more initial training.35 3. Maintaining Sufficient Distance between IKP and Revenue System Staff Overall, bringing together the IKP and Revenue System functionaries has bred positive results, as explained above. However, this could also mean that NP paralegals and community surveyors could get sucked into assisting with the routine work of the

department as personal relationships develop. That is, the increasing convergence of IKP and government may make it more difficult for the NP representatives to maintain their pro-poor attitude. 4. Institutional challenges Another significant challenge is to continue to make the Revenue Department officials assume a more pro-poor attitude toward their land-related duties. Hitherto, land administration was exclusively the responsibility of the Revenue Department, a regulatory body focused on issues of law and order. Traditionally, it functioned in a typically bureaucratic, top-down manner. Land distribution to the poor was target driven and focused on achievements on paper. Increasingly, with the weakening of delivery mechanisms at the grass roots level, Revenue Department work on land issues became mechanical, with virtually no mechanism for feedback on day-to-day work or at the policy level. Department functionaries did not understand that cooperating with civil society organizations and others to provide more secure land rights to the poor could very much be a part of a poverty alleviation effort. Under IKP, for the first time in the State the issue of land rights of the poor has been made an integral part of the administrative poverty alleviation effort. Among Revenue Department officials land issues increasingly are being viewed from a development perspective. Sensitization workshops were conducted for the Revenue Department to instill a pro-poor perspective. In some cases, Deputy Collectors (Revenue Department officials) have been deputed to the Department of Rural Development as Additional Project Directors for IKP.36 The government also issued an order institutionalizing convergence between the Revenue Department land administration mechanism with civil society organizations and the community at large.37 Perhaps most importantly, the paralegals, most of whom are from the families of the most exploited and vulnerable, are able to identify the issues affecting the poor and

bring them to the attention of the Revenue System. At the same time, NP paralegals and others have a greater understanding of the role and functioning of the Revenue System 35 In

Kurnool District, paralegals suggested they could use up to 20 more days of training. of Andhra Pradesh Panchayati Raj and Rural Development Department Memo No.16738/RD.I/A2/2006 (Sept. 9, 2006). 37 Government of Andhra Pradesh, G.O.Ms.No. 1148. 36 Government

22 because of their training and frequent interaction with officials charged with administering land issues. While IKP functionaries operate outside the mainstream government structure, they have strong links to that structure so that they can access information and resources from within the system. As a result, the IKP staff can communicate that information to the SHG network. Thus, NP is building a bridge between the system and the poor it is designed to serve. Another significant challenge is to continue to facilitate an effective working relationship between the IKP land functionaries, who work under the State Department of Rural Development, and the officials in the Department of Revenue which is in charge of land administration. Prior to IKP, such a convergence between the two departments had never been attempted before. In response, the Department of Rural Development organized a series of official meetings at the state, district and sub-district level to bring together key officials of the two departments and educate them on the goals and methods of IKP Land. Formal government orders and memos were issued outlining the purpose, nature and modalities of this convergence. It will be a challenge to bring these meetings, orders and memos to life in the field.

VII. GOOD PRACTICES At this relatively early stage in the NP process several potentially good practices have begun to emerge: 1. Build local community organizations (such as those in the SHG network) to provide a platform on which the poorest of the poor can articulate the issues relating to

their land rights and a channel through which the system takes cognizance of and addresses land-related problems. 2. Design the program to transfer to members of the poor communities as much knowledge of land rights, issues and resolution mechanisms as possible so as to empower the community with the ability to resolve land problems on their own. 3. Wherever possible, hire paralegals, community surveyors and others from poor families so that they can more easily understand and relate to the problems of those they serve. 4. Promote community ownership by placing the paralegals and community surveyors under the supervision of the community/women’s groups in order to encourage greater community buy-in. 5. Include several days of village immersion in the paralegal and community surveyor training program to provide trainees with first hand knowledge of the problems facing their future clients and to instill a pro-poor attitude among them. 23 6. Design the system to support and augment existing government and civil society service mechanisms. Provide and support linkages between project workers, civil society groups, the legal community and government officials charged with land-related responsibilities. 7. Partner with legal education institutions to create a pool of law students to work on legal issues of the poor and to instill a pro-poor attitude among students to make them more likely to take on land cases on behalf of the poor after graduation. 8. Create and distribute handbooks in local languages including a typology of typical land-related issues and step-by-step procedures for identifying and resolving those issues.

VIII. CONCLUSION In a relatively short time, the IKP Non-Purchase Component has made a strong start toward creating a robust system for addressing land issues of the rural poor on a sustainable basis. Overall, the IKP Land Component reflects a commitment by the

Government of Andhra Pradesh to reinvigorating efforts towards the goal of providing more secure land rights to the poor as part of a larger development agenda.

The A P Land Revenue Act to Acts

Back to functions

*THE ANDHRA PRADESH (TELANGANA AREA) LAND REVENUE ACT, 1317 F. (Act No. VIII of 1317 Fasli) Preamble:— Whereas it is expedient to amend and

consolidate the orders and regulations relating to land revenue; it is hereby enacted as follows:—

Back

CHAPTE RI Prelimi nary 1.

Short title and commencement:—

(1) This Act may be called

1

[the Andhra Pradesh

(Telangana Area) Land Revenue Act, 1317 F. ] and it shall come into force from its 1 st Azur, 1318 Fasli. 2

[(l-a) It shall extend to the whole of the 3[Telangana area of the State of Andhra Pradesh.] (2) Previous rales and orders:— Rules and orders in force before the commencement of this Act, provided they are not repugnant to the provisions contained in this Act, shall remain in force until rules relating to such matters are made under this Act.

CASE LAW Sections 1,2, 171 -Does not apply to Jagirs - Grant of patta in 1340 F. in Jagir land - Not valid. Loani Rules, 1347F. and Rules relating to grant of pattadari rights in Non-khalsa villages - Applicability. State of A.P. vs. Md. Asarfuddin Khan, 1966 (2) ALT 331. 2

[1-A. Effect of Regulations LX & LXIX of 1358 Fasli and Act XXI of 1950 on this Act:— With effect from the commencement of the Andhra Pradesh (Telangana Area) Board of Revenue Regulation, 1358-F.) 1[the A.P. (Telangana Area) (Abolition of Jagirs) Regulation

1358 F.) and 1[the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (Act XXI of 1950) Regulation LXI of 1358 F. Regulation, LXIX of 1358 F. Act XXI of 1950 respectively, the provisions of this Act are subject to the provisions of the said Regulation and Act.] 2.

Definitions:— In this Act unless there is anything repugnant

in the subject or context,— 4

[(1) 'Revenue Officer' means every officer of any rank whatsoever appointed under any provision of this Act] or of 5 [the Andhra Pradesh (Telangana Area) Record of Rights in Land Regulation, 1358 F.] (Regulation LXIII of 1358 F.) and appointed for carrying on the land revenue administration or who discharges the function relating to survey, assessment and preparation of accounts and records; ---

*.

Received the assent of the Madar-ul-Moham on

21st Meher 1317-F. 1.Subs. for the original Short title by A.P. Act IX of 1961. 2.Ins. by the A.P.A.O. 1957. 3.Subs. for the words "Hyderabad area of the State of

Andhra Pradesh" by A.P. Act IX of 1961. 4.Amended by Act III of 1355-F. 5.Subs. for the origional short title by A.P. Act IX of 1961. ---

(

'Survey Officer means an officer appointed under

1

Section 12 of this Act;

-

'land' includes all kinds of benefits pertaining to

a

land or things attached to the earth, or

)

permanently fastened to things attached to the

(

earth and also includes shares in, or charges on,

1

the revenue or rent which are or may be levied on

b )(

villages, or other defined areas;] 3

number' means a portion of land the area and

2

other particulars of which are separately entered

)

with a number in the village records and shall include Tote-number', if any, in a number.

( 3 ) ( 4 )

'Pote number' means the portion of a 'number' separately assessed and entered in a register. 'residential site' means the land set apart for the purposed of construction a house whether a house be constructed thereon or not and also includes the court-yard or ground enclosed by or appurtenant to a house.

(

'boundary marks' means the marks made of

5

earth, stone or any

)

other material, and also a fence, or embankment

l

or any other

[

object, whether natural or artificial, set up,

(

named or fixed by

6

any competent officer, in order to determine the

)

boundary and

( 7 ) ( 8 )

also include the boundary marks fixed before 1374 F. 'to hold land' or 'to be a land holder' of land means to be lawfully

in possession of land whether such possession is actual or not.] 'holding' means a portion of land held by a holder. 'Superior holder' means a land holder entitled to receive rent or land revenue from other land-holders (hereinafter called 'inferior holders') whether he is accountable or not for such rent or land ( 8 a ) ( 8 6(b 8) -( d8 )-

revenue, or any part thereof to Government; 'occupation' means possession; 'to occupy land means to possess or to take possession of land; 'occupant means a holder in actual possession of unalienated land other than an asami shikmi; provided that where the holder in actual possession is an asami shikmi, the superior holder shall be deemed to be the occupant; 'occupancy' means a portion of land held by an occupant:

c[

2

) (9

'Inam land' means the land exempted wholly

)

or in part from payment of land revenue and

2

[

includes 'Muqta' and 'Agrahar' land: 3[(11)

9

'Pattadar' means the person who is directly

-

responsible to the Government for payment of

a

land revenue and whose name has

) ( 1 0 )

--1.Subs. by Regulation No. LVIII of 1358-F.

2.Cls. (9) and (9-A) were omitted by the A.P.A.O. 1957. 3.Subs. by clause (11) of ibid. ---

been entered as such in Government records whether he be personally in possession of the holding or through his Shikmidar;] (12) Shikmidar' means the person who like Pattadar possesses a title to the land or who from the beginning has been jointly in possession of the land with the Pattadar or who, before the commencement of this Act, has acquired by virtue of any regulation in force, or may acquire by virtue of that law the right of a Shikmidar. 1[(13) 'osarnishikmi' means a lessee, whether holding under an instrument or under an oral agreement, and incudes a mortgagee of an asami shikmi's rights with possession, but does not include a lessee holding directly under Government; (14)'village' includes a town or city and all the land belonging to a village, town or city; (15)'village officer; means the Patel and Patwari of a village; 2

[(16) 'rent means the consideration in money or kind or

partly in money and partly in kind paid or payable by a Shikmidar to his Pattadar or by an Asami Shikmi to the holder of the land on account of the use or occupation of the land held by him as Shikmidar or Asami Shikmi but shall not include the rendering of any personal service]; 3[( 17)' revenue' means the amount payable by the holder to the Government at fixed periods for use of or entry into the land]; 4

[(18) 'chauadi' includes in any village, in which there is no chavadi, such place as the 5[Collector] may direct shall be deemed to be the chavadi for the purposes of this Act.

CASE LAW Sec.2(15) - Gumastha Patwari is Village Officer within Sec. 2(15) and he is a public servantwithin Sec. 21(10) of Penal Code. Y. GopalReddy vs. State of A.P., ILR 1964 A.P. 1237. CHAPTER II

6

Appointment and Powers of Revenue Officers 3. Chief Controlling Authority in matters relating to land revenue:— (1) The Chief Controlling Authority in all matters relating to land revenue shall be the 7[Board of Revenue constituted under 8[the Andhra Pradesh (Telangana Area) Board of Revenue Regulation, 1358 F). (Regulation LX of 1358 F.) (hereinafter in this Act referred to as the Board of Revenue),] subject to the Government in the Revenue Department. 9[(2) * * *] ----1.Subs. by Regulation LV1I of 1359-F. 2.Amended by Act 1 of 1354-F. 3.Subs. for Clause (17) by the A.P.A.O. 1959. 4.Subs. by Regulation LVIII of 1358-F. 5.Subs. for the word Taluqdar' by the A.P.A.O. 1957. 6.Amended by Act III of 1355-F. 7.Subs for the word 'Subedar' by the A.P.A.O. 1957. 8.Subs. for the original short title by A.P. Act lX of 1961. 9.Sub-sec. (2) was omitted by the A.P.A.O. 1957. ---

1

[4. *

*

* ] 2[5. * *

*]

6.

Appointment of 3[Collector]:—

The Government shall appoint in each district a 3

[Collector] who shall be subordinate to the

4

[Board of

Revenue] and shall exercise all the powers and discharge the duties conferred or imposed on a 3

[Collector] under this Act, or any other law for the time

being in force, and in all matters not specially provided for by law shall act according to the instructions of the Government. The Government may, if necessary, appoint in any district 5[Additional Collector] who shall discharge such duties of a 3[Collector] as may, from time to time, be determined by the Government. 6

[6-A. Additional Collector or Additional 3

[Taluqdar] to have had always the same

powers and duties as the Collector or 3

[Taluqdar]:—

Subject to any special orders of Government in force at the relevant time— (a)An Additional Collector shall have and shall be deemed always to have the powers and duties of a Collector; and (b)An Additional 3[Taluqdar] shall be deemed always to have had the powers and duties of

3

[Taluqdar] within their

respective districts, whether under this Act or under any other

law for the time being in force read with 7[the Andhra Pradesh (Telangana Area) District Officers (Charge of Designation and Construction of References) Act, 1950 Act XXXV of 1950] 7.

Appointment of 8[Deputy or Assistant

Collector]:— (1)The Government may appoint in each district so many 8[Deputy or Assistant Collectors], as it may deem expedient, and they may be called Additional8 [Deputy or Assistant Collector] or Divisional officer or by any other name, as may be specified in the order of appointment. All the 8[Deputy or Assistant Collectors] and all other officers, employed in the revenue administration of the district shall be subordinate to the 3[Collector.] (2)Duties and powers of 8[Deputy or Assistant Collector]:— Subject to the general orders of the Government a 3

[Collector]

may, for the purpose of revenue administration, place one or --1.Section 4 was omitted by A.P.A.O. 1957. 2.Section 5 repealed by A.P. District (Formation) Act 7 of 1974. 3.Subs. for the word 'Taluqdar" by the A.P.A.O. 1957.

4.Subs. for the words "Subedrari-i-Muttalliqa" (concerned Subedar) by ibid. 5.Subs. for the words "Zaid Taluqdar" (Additional Collector) by ibid. 6.Subs. by Act No. IX of 1952. 7.Subs. for the origional short title by A.P. Act IX of 1961. 8.Subs. for the words "Duwam Taluqdars" (second Collector) by ibid. ---

more of the taluqs in his district in the charge of any 1

[Deputy or

Assistant Collector], or may himself retain charge thereof.

Any 1

[Deputy or Assistant Collector] so made in

charge of any taluq shall pe rf orm all th e du tie s a n d exe rc ise all th e po we rs im pos e d o r conferred upon a 1[Deputy or Assistant Collector] by virtue of this Act or perform and exercise such of the duties and powers of a 2 [Collector] as have been imposed or conferred on a 2 [Collector] under this Act or under any other law for the time being in force and as may be assigned to him by the 2

[Collector] or by a special or general order

of the Government. Provided that the 2 [Collector] may, whenever he may deem fit, direct any such 1[Deputy or Assistant Collector] not to perform or exercise certain duties or powers, and may reserve the same to himself or assign them to any other subordinate 1[Deputy or Assistant Collector.] (3) To such ' [Deputy or Assistant Collectors] as it may not be possible or expedient to place in charge of a taluqa 2 [Collector] shall, in pursuance of the general or special order of the Government, assign such of his special duties and powers as may, from time to time, appear fit. CASE LAW

Jurisdiction of Deputy Collector to order eviction Basis of. Absence of objection in lower court - Effect. Rachappa vs. Chander, 1958 (2) An.W.R. 660. 8.

1

[Deputy or Assistant Collector] to hold

charge of that office in absence of 2[Collector] until person is appointed or 2[Collector] resumes charge:— (1) If the 2[Collectorj is not able to perform his services, or for any reason vacates his office or leaves his district, or dies, the senior most

1

[Deputy or Assistant Collector]

of the District who may be present in the district, shall temporarily hold charge of the office, and for the purposes of this Act shall be deemed to be a 2[Collector] until the 2[Collectorj resumes charge or until the Government appoints his successor and such successor takes charges of his appointment. An officer whose principle functions are different from those of a [Deputy or Assistant Collector] and who is appointed 1

[Deputy or Assistant Collector] for special purposes only,

shall not be deemed to be

1

[Deputy or Assistant

Collector] for the purposes of this section. 4[9. [TahsildarJ, his appointment, duties and powers:—

3

(1) The Revenue officer entrusted with the revenue administration of a taluqa shall be called a Tahsikiar' and he shall be subordinate to the 2

[CoIlectorj and the 1[Deputy or Assistant

Collectors concerned. He shall be appointed by the Government or by an officer authorised by the Government in this behalf by notification in the 5

[Official Gazette]. His duties and powers shall be

such as may be expressly imposed or conferred by this Act or by any

-1.

Subs. for the words "Duwam Taluqdars" (Second

Collector) by A.P.A.O. 1957. 2.

Subs. for the word Taluqedar" by ibid.

3.Subs. for the word Taiuqdar" ibid. 4.Subs. by Regulation of 135G-F. 5. ---

Subs. for the word "jarida" by ibid.

other law for the time being in force, or as may be imposed upon or delegated to him by the

1

[Collector] under the general or special order of the Government: The Government may, if necessary, appoint more than one Tahsildar. (2) The Government may appoint one or more officers to be designated as Naib Tahsildar, to assist the Tahsildar in the revenue administration of his taluqa, and may by general or special order confer upon the Naib Tahsildars generally or any specified Naib Tahsildar all or any of the powers of a Tahsildar under this Act or any other law for the time being in force.] 10.

Tahsildar may depute subordinates to

perform certain of his services:— A Tahsildar may, subject to such general orders as may from time to time be passed by the2 [Board of Revenue] or the 1[Collector], depute any of his subordinates to perform any portion of his ministerial or executive duties: Provided that all acts and orders of the subordinates so appointed shall be subject to modification and confirmation by the Tahsildar. 11.

Temporary arrangement of office of

Tahsildar:— If a Tahsildar is not able to perform his service or for any reason vacates his office, or leaves his taluqa, or dies, the Peshkar or the superior clerk on the establishment shall temporarily hold charge of the office and shall be deemed to be the Tahsildar of that taluqa until the Tahsildar resumes charge of the taluqa or until

such time as a successor is appointed by order of competent authority and takes charge of the office. 12.

Survey officers, their duties and powers:—

For the purposes of Chapters VII and VIII of this Act, the Government may appoint such officers as may be from time to time appear necessary. Such officers shall be designated "Commissioner of Survey Settlement", "Commissioner of Land Records", "Assistant Commissioner of Survey Settlement", "Assistant Commissioner of Land Records" or otherwise as may appear requisite, and they shall be subordinate to one another in such order as Government may fix. Subject to the orders of the Government all matters, connected with survey and settlement, shall relate to the officers so appointed and they shall exercise and perform all such powers duties as have been fixed by this Act or any other law for the time being in force. 13.

Combination of offices:—

The government may appoint one and the same person, being otherwise competent according to law, to any two or more of the offices provided for in this Chapter or to confer upon an officer of one class all --1.Subs. for the word "Tahsildar" by A.P.A.O. 1957. 2.Subs. for the word "Subedar" by ibid. ---

or any of the powers or duties of any other officer or officers within any particular areas or otherwise as may appear expedient. 14.

Appointment of officers to be notified:—

The appointment of all officers mentioned in Sections 3 to 9, 12 and 13 shall be notified in the manner as may be prescribed by the Government. 15.

Power of appointment of establishment:—

Subject to the rules made in this behalf under Section 172, the Government shall regulate the power of appointment of all members of establishment vested in 1

[Board of Revenue], 2[Collector], Commissioner of Survey

Settlement and Commissioner of Land Records in their respective departments. The Government shall also determine, inter alia the powers which the said officers may delegate to their subordinate officers. Provided that the aforesaid officers shall always have a right of modification and revision in respect of appointments made by their such subordinate officer. 16.

Power of 2[Collector] to transfer cases:—

A2[Collector]may, after recording reasons, transfer any case from his own or from that of any of his subordinate departments to any other department or from that of his subordinate department to his own department.) CHAPTER III lOmitted]

3

CHAPTER IV Land and Land Revenue 24. All lands etc., are property of 4[Government]:— All public roads, lanes, paths, bridges, ditches, dikes, rivers, streams, tanks, ponds, canals, lakes,

and flowing water and all lands, wherever situated, together with all rights appertaining thereto are the property of the Government excepting:— (a)those belonging to persons or class legally capable of holding property and to the extent so far as their such rights are established; (b)those in respect of which any other order under any law may have been given. It shall be lawful for the

2

[Collector] or other officer

appointed by the 4[Government] for this purpose subject to rules sanctioned by the Government and contained in notification and the order of the '[Board --1.Subs. for the word "Subedar" by the A.P.A.O. 1957. 2.Subs. for the word 'Tahsildar' by ibid. 3.Chapter III, omitted by Act No. XLIV of 1952. 4.Amended by Act No. III of 1308-F. ---

of Revenue], to dispose of them in his discretion; but the right of way or other right legally vesting in any person or the public shall subsist. 25. Assigning of land for special purposes to be lawful:— When a village is under settlement, the 1

[Commissioner of Survey Settlement or the

Commissioner of Land Records] in that Village and in other cases with the sanction of the 2[Board of Revenue], the 3[Collector] may, subject to the orders of the 4

[Government] set apart any Khalsa land not in the

lawful occupation of any person or class for pasturage of cattle or for grass reserves or for other Government purposes or for the purposes of public benefit; provided that it does not interfere with any right of any person or class. The land so set apart shall not be otherwise appropriated without the order of the 2[Board of Revenue.] 26. Animals which shall graze on land set apart for free pasturage of animals:— The right of grazing on land set apart for free pasturage of animals shall confine only to the animals of the village within the limits of which the land is situate and for which it has been set apart. If there is a dispute as to such right the decision of the 1

[Collector] in respect thereof shall be conclusive.

27. Cases in which there shall be right to carry earth, stones, etc., from river, stream or bed of tank:— There shall be the right in the following cases, without obtaining the permission and without payment of tax to carry from a river, stream or bed of a tank and also from land which has not been assessed or not been part for any special purpose, earth, stone, gravel, sand, morrum inasmuch as has not been reserved by any order of the 4[Government]:(a)For any person for his private purpose in the village of residence and for agricultural need in the village where he has residence or cultivation. (b)For a potter or brick-maker or tile-maker or for the person who makes use of any of the aforesaid articles in his professional work at the place where he carries on the work of his profession but where trade in any of these articles is carried on a big scale at any place and on account of digging of earth therefor, there is risk of destruction and of becoming useless of any building or cultivation or arising of difficulties in the ordinary requirements of villages or endangering public health, the Tahsildar shall for that purpose select and assign some plots and

notify the same and no person among them shall be authorised to dig earth at any place other than the said plots. --1.Subs. by Act No.III of 1355-F. 2.Subs. for the word 'Subedar' by A.P.A.O. 1957. 3.Subs. for the word Taluqdar' by the A.P.A.O. 1957. 4.Amended by Act No. III of 1308-F. ---

(c) The aforesaid articles may, with the permission of [Collector] also be taken for Government

1

purposes of the Public Works Department, 2[Local Administration] or other departments or for purposes of public benefit, from the land on which revenue has been fixed but is not held by any person and is not set apart for any special purpose. Explanation:— Digging within five yards close to a building shall not be lawful. 28.

Trees Irsali or Ghairi on land held by Pattadar:

— The Pattadar shall have full right over 'Irsali' 'Ghairi' trees within the limits of land held by a pattadar, so long as he remains the pattadar of that land, as also over the trees which may, after obtaining the patta have grown up naturally or have been planted or have cropped up from the roots of trees cut by the Forest Department. But the trees over which the 3[Government] may have retained its proprietary right by notification shall be excluded from the ownership of the pattadar. 29.

Right of pattadar to trees planted on

occupied land prior to his occupation:— Trees Irsali or Ghairi in land in the occupation of pattadar which may have been planted by the pattadar or by the persons of whom the present pattadar is a successor: on the ownership or which may have been acquired by the pattadar or his predecessors by other lawful means, shall belong to the present Pattadar and remain at his disposal by all means and the Government shall have no right of any kind thereto; but

the Pattadar shall have full rights over such trees as have not been planted by the Pattadars or by his ancestors or by a former Pattadar whose successor he is and to which the right of the 3[Government] may be subsisting, if they have not been felled by the Forest Department or sold by fixing the price to the present pattadar under rules made by the 3[Government] by notification. 30.

Trees outside occupied tracts or in bed

of rivers, streams, etc.:— All trees being outside the occupied tracts or in river, stream or on road or in the bed of tank and pond or on the bund shall be deemed to be the property of the [Government].

3

31.

Sale of Irsali trees out side reserved area:—

In the taluqas in which boundaries of existing forest have been demarcated by the Forest Department, the 4

[* * *] 1[Collector] may, if he deems fit to be let out for

cultivation such land as are excluded from the boundaries fixed, sell the trees therein at a reasonable price and let out the land for cultivation and credit the sale-proceeds of the timber to --1.Subs. for the word 'Taluqdar'by the A.P.A.O. 1957. 2.Subs. for the words "Local Fund" by ibid. 3.Amended by Act No. III of 1308-F. 4.Omitted by Act No. II of 1355-F. ---

the Forest Department; but in case the valuable Irsali timber therein be in abundance an intimation in writing for sale of timber shall be given to the 1[District Forest Officer]. It shall be incumbent on the Forest Department either to fell or sell the trees within one year from the date of receipt of the intimation, otherwise the 2[Collector] on the expiry of the said period may, at his own instance, sell and credit the amount to the Forest Department, and in case it is not deemed fit to fell such trees, they may be preserved and including the land on which those trees lie patta of the remaining land may be given. 32. Letting out for cultivation unoccupied land containing valuable trees situate in taluqa where forest boundaries have not been demarcated:— If the3[* * * ]2[Collector] in taluqas where reserved forest has not been demarcated, deems fit to let out for cultivation the unoccupied land beyond the proposed boundaries containing forest or valuable trees he shall consult the Forest Department and, if with the concurrence of competent officer of the Forest Department occupation of such land is given to any person the provisions of the preceding section shall apply thereto. 33= Fresh patta within reserved forest to be given in consultation with Conservator of Forests:— Unless land is set apart demarcated for cultivation within the limits or reserved forest no fresh patta shall be given without consulting the 4[Chief Conservator of Forest.]

5

[34. Proprietary rights over toddy and sendhi trees and the rights to plant such trees:— (1)Sub] ect to the provisions of this Section and Section 2 5 all toddy and sendhi trees standing for the time being within the limits of the land legally occupied by a pattadar, shikmidar or any other person in possession (hereinafter referred to in this section as owner) whether grown by such person or not, shall be deemed to be the property of the owner. Such owner shall not however be entitled to plant toddy and sendhi trees within the limits of such land without obtaining the permission of the Government. (2)The owner shall not be entitled to tap the trees referred to in sub section (1) or get them tapped by any person other than a person authorised by the Government. An owner, who permits the trees to be tapped by a person authorised by the Government, shall be entitled to charge such person for each tree not more than 25

--1.Subs. for the words "Madadgar Nizam janglath"

(Assistant Conservator of Forests) by the A.P.A.O. 1957. 2.Subs. for the word "Taluqdar" by ibid. 3.Omitted by Act No. III of 1355-F. 4.Subs. for the words "Nizam Janglath" (conservator of forests) by the A.P.A.O. 1957. 5.Subs. by Hyd. Act No. IX of 1956. ---

per cent of the tree-tax payable for the tree to the Government in accordance with the laws and rules for the time being in force. (3)Nothing contained in this Section shall be deemed to exempt the juice of such trees from any excise duty that may be leviable thereon under any law for the time being in force. (4)(i) An owner who is unwilling to get his trees tapped, shall before the end of April every year intimate his unwillingness in writing, to the Excise Superintendent concerned. In case of failure to give such intimation, he shall not cut down his trees during a period of seventeen months following the said month of April. (ii) Any owner who cuts down his trees in contravention of provisions of clause (i) shall be liable for each tree so cut to a penalty equal to double the amount of abkari tree-tax in force at the time of contravention. Such penalty may be imposed by the Collector or any other officer empowered by the Government in this behalf.] 1[35. Proprietary rights of Government over toddy, sendhi and gulmohwa trees:— Notwithstanding anything contained in Sections 34 and 38 with effect from the date of the coming into force of the Hyderabad Land Revenue (Amendment) Act, 1956 (XXXII of 1956), all the toddy, sendhi and gulmohwa trees standing within the limits of any land that may be given on patta on or after the date, shall belong to the

Government and the pattadar, Shikmidar or any other person in possession shall not be entitled to plant such trees within the limits of such lands without obtaining the permission of the Government. 36. 2[Omitted] 37. Rules relating to lopping of Sendhi and toddy and tapping trees to apply to trees belonging to 3[Government]:— Rules and orders relating to the 4[* * *] lopping of sendhi and toddy trees which are now in force or may hereafter be enforced by the

3

[Government] by

notification shall apply to trees belonging to the

3

[Government] only. Lopping of trees belonging to Pattadar and use of leaves, fruits and wood shall be exempted from such restrictions and orders. 5[37-A. Duty of Pattadar or tenant to report illegal tapping of toddy and sendhi trees:— (1) The pattadar, tenant or other person, in actual possession of land on which any toddy or sendhi tree stands must report in --1.Subs. by Hyd. Act IX of 1956. 2.Omitted by Act XXXVII of 1950. 3.Amended by Act III of 1308-F. 4.Omitted by Act III of 1343-F. 5.Subs. by Act XLIV of 1952. ---

writing or in case where he does not know writing, orally to the Patel or Patwari of the village any case of tapping of such trees as soon as possible after he becomes aware of such tapping and on receipt of the information by Patel or Patwari, as the case may be, he must issue written acknowledgment thereof to the reporter, and in case of illegal tapping he must report the same to the Abkari authorities conce ied. (2) Any contravention of sub-section (1) shall be punishable with fine which may extend to the amount of the tree tax payable, in respect of the tree illegally tapped, in accordance with the laws and rules for the time being in force.] 38. Proprietary right over Gialmohwa trees and the rights to plant such trees:— 1

[(1) Subject to the provision of this Section and Section 35, all gulmohwa trees standing for the time being within the limits of the land legally occupied by a pattadar, shikmidar or any other person in possession (hereinafter referred to in this section as owner) whether grown by such person or not, shall be deemed to be the property of the owner. Such owner shall not however, be entitled to plant gulmohwa trees within the limits of such land without obtaining the permission of the Government. (2)The pattadar shall not be entitled to ferment any Gulmohwa grown on such land or to sell such Gulmohwa to any person other than a person authorised by Government.

2

[If the Pattadar

sells such Gulmohwa to a person so authorised the Pattadar shall not be entitled to charge such person more than 25 per cent of the amount payable to such person by the Government in accordance with the laws and rules of the time being in force relating to supply of Gulmohwa to Government.] (3)Nothing contained in this section shall be deemed to exempt any Gulmohwa grown on such land from any excise duty leviable thereon under any law for the time being in force. 3

[(4) Any owner who is desirous of grazing his cattle within the limits of such lands shall inform the Excise Commissioner of his intention, in writing, in the form prescribed and within the period notified by the Excise Commissioner. Failure on the part of an owner to give such information shall mean that he is willing to have the Gulmohwa on the said lands collected by the person authorised by the Government in this behalf. Such owner, shall not, however, be entitled to store Gulmohwa exceeding five seers. ----

1.Subs. for sub-section (1) by Act No. XXXII of 1956. 2.Added by Act No. XIV of 1954.

3.Inserted by Act No. XXXII of 1956. ---

(5) Any owner who stores Gulmohwa in contravention of the provisions of sub-section (4) shall be liable to a penalty not exceeding Rs. 200, such penalty may be imposed by the Collector or any other Officer empowered by the Government in this behalf. 1

[39. Right to fruit bearing trees in occupied land:

— Fruit bearing trees standing for the time being within the limits of the land legally occupied by a Pattadar, whether grown by the Pattadar, or not, shall be deemed to be the property of the Pattadar and the Pattadar shall be fully entitled to the use of such trees. 40.2[Omitted] 41.Procedure where land is in occupation of one person and another person has right on trees:— If the right or possession of another over existing trees in any holding is recognised it shall subsist, but in future whenever the holder of the land tenders a compromise or dies heirless or absconds, the Patta of such land may be made in the name of the owner of the trees and in case he refuses to take Patta his right to the trees shall cease. 42.

Procedure for trees planted in unoccupied

land by any person and retained in his possession:— If in an unoccupied land there are trees planted by any person and they are in possession of the planter the Patta of such land may be made in his name but if he refuses to have the Patta made in his name his right to such trees shall cease.

43.

If in event of pattadar absconding or

dying or tender in compromise, right of any other person to land is not recognised, trees to be property of Government:— If any Pattadar absconds or dies or tenders compromise and in case the rights of the Pattadar or his heirs or Asami Shikmis are regards restoration of land have not been recognised the trees standing on such land shall be deemed to be the property of the 3

[Government].

44.

Land maybe let out free of assessment for

planting shady trees for public benefit:— If any person plants by the side of the road or close to it or around an inn or such wakf buildings where travellers put up or at places which are camps for travellers or troops, shady trees, whether fruit bearing or not so that travellers may have amenities under their shade, land may be given by the 3[Government] free of assessment of planting such trees. 45.

Conditions on which land for raising groves

may be given:— If any person desires for his own benefit to arise in the land laying barren or waste outside the reserved forests for more than ten years, and -- 1.Subs. by Act No. XXXVII of 1950. 2.Omitted by ibid. 3.Amended by Act No. III of 1308-F. ---

does not contain any valuable forest trees, a mongo grove, tamarind grove, babul or grove of any other kind of trees as may in some manner be deemed to be of public benefit as well, such land may be obtained by the order of the 1[ * * * ] 2[Collector], free of assessment for twenty years and after twenty years it shall be assessed at the dry rate, provided that the Government water is not taken; but if the Government water is taken "dastband" shall be paid. The applicant shall plant annually trees in at least one-fifth portion of the land so that the trees may be planted in the entitled land within five years. If the trees in sufficient number with regard to their kind are not planted within five years in the whole land that portion of land in which trees have been planted shall, remain free of assessment and the rest shall be assessed from the sixth year; cultivation between the trees shall not be prohibited. 46. Procedure where pattadar is feeling trees belonging to 3

[Government]:—

A Pattadar shall not fell fruit-bearing trees or timber, Irsali, and Ghairi which have been declared to be belonging to the 3

[Government]. If a person without the permission of an authority, cuts any tree or its roots or appropriates it to his own use of carries it away, the price thereof together with a penalty which may extend to double the price of

the tree, shall be recovered from him as a revenue demand. 4 [46-A. Restrictions on felling of sendhi, toddy and gulmohwa trees and fruitbearing trees:— (1)Notwithstanding anything contained in 5

[Sections 34, 38 and

39] the Government may by notification in the 6

[Official Gazette]

prohibit or regulate the felling of sendhi, toddy and Gulmohwa trees 5[and fruit-bearing trees of any specified kind] in such area and subject to such conditions and restrictions as may be specified in the notification. (2)No notification shall be made under subsection (1) until after the issue of a general notice to the owner of such trees in the local area concerned calling upon them to show cause within a reasonable period to be specified in such notice why such notification should not be made and until their obj ections, if any, and any evidence that they may produce in support of the same have been heard by an officer duly appointed by the Government in that behalf and have been considered by the Government. - - -

1.Omitted by Act No. III of 1355-F. 2.Subs. for the word "Talaqdar" by the A.P.A.O. 1957. 3.Amended by Act No. III of 1308-F. 4.Added by Act No. XLIV of 1952. 5.Added by Act No. XIV of 1954. 6.Subs for the word "Jarida" by the A.P.A.O. 1957. ---

(3)The notification referred to in sub-section (1) shall be published in the locality, and the notice referred to in subsection (2) shall be served, in such manner as may be laid down by rules made under this Act. (4)The Government may by order delegate its powers under sub sections (1) and (2) to the Collector or such other officer as the Government thinks fit subject to such conditions and restrictions, if any, as may be specified in the order. (5)If any tree mentioned in sub-section (1) is cut in contravention of any prohibition, condition or restriction imposed under that sub-section the Pattadar of the land on which the tree stood or where the Pattadar has riot cut or authorised the cutting of the tree any other person who has cut or authorised the cutting thereof shall be liable to a penalty not exceeding the market value of the tree as determined by the Collector and such penalty shall be recoverable from the Pattadar or such other person, as the case may be, as an arrear of land revenue and the trees shall

be forfeited to Government by order of the Collector. (6)The powers of the Collector under subsection (5) may be exercised by any other officer who is authorised by Government in this behalf.] 47.

Permission to take wood from waste land

outside reserved forest:— Where trees are standing in any waste land outside the reserved forests the ryots in general of the village may take firewood and agriculturists such wood as may be required for agricultural implements without payment of any tax and subject to rules made by the '[Government] by notification. Land Revenue 48.

All land to be liable to payment of land

revenue save in case of remission:— All land, whether applied to agricultural or any other purpose, and wherever situate shall be liable to payment of land revenue to the '[Government] in accordance with the provisions of this Chapter and Chapters VII and IX except in case title to land has been transferred to any 2[Local Authority] or the revenue thereof has been wholly remitted under any special contract with '[Government] or under any order or law. 49.

If alluvial land be within land excluded

from Government demand, etc., shall be subject to original land

for purpose of payment of land revenue:— All rights, conditions, restrictions and liabilities in respect of payment of land revenue applicable to any land excluded from Government --1.Amended by Act III of 1308-F. 2.Subs. for the word "Mahkama-i-Safai" (Municipal) by the A.P.A.O. 1957. ---

demand or Mukta or Inamjodi shall also apply to alluvial land within the limits of such land or which has come up from the river bed on account of the river abandoning its course but land revenue shall not be leviable in respect of any such land or river bed unless the area of the same exceeds the area mentioned in Section 55. 50.

Land revenue to be assessed according to

use of land for various requirements:— Land revenue shall be assessed according to the various modes of use. (a)Agricultural use. (b)In addition to agricultural use any other use from which profit advantage is derived. When rate is assessed on any land for any one of the aforesaid purposes and the land is appropriated for any other purpose the rate thereof shall be altered and fixed again, although the term of subsisting settlement may not have expired. If any land granted by the '[Government] with remission of land revenue for any special purpose is appropriated to some other purpose against the intention of the grant, the land revenue thereof shall be recovered. It shall be lawful for the 2[Collector], and in case a taluqa is under settlement, for the 3[Commissioner of Survey Settlement or Commissioner of Land Records] after giving a hearing to the landholder to prohibit its appropriation for any particular purpose and record

reasons therefor and to summarily evict the holder who may have appropriated the said land to prohibited purpose. 51.

Settlement of land revenue with whom to be

made:— The settlement of the land revenue of each number or pote-number shall be made with the pattadar of the number of pote-number. If such person be absent and there be no authorised agent of his in the district, such settlement shall be made with the person who has acquired from him the occupancy right of such land or who is on his behalf in occupation of such land; but if the pattadar is of unsound mind or is a minor or incapable to contract, the settlement of land revenue shall be made with his lawful guardian or after six months notice with the Shikmidar or the Asami who is the land holder. 52.

Assessment of land revenue by whom and

how to be made:— In respect of land on which land revenue is wholly or partially recoverable and for which settlement of assessment has not been duly notified, the Nizam Jamabandhi shall, with due regard to subsisting rights assess the land revenue but the assessment of land for which settlement has not been made shall not be increased or decreased until settlement is made. 53.

Water rate:—

The Government may confer upon the 2 [Collector] or any officer the power to fix such rate, as may be deemed fit to recover for use of water ---

1.Amended by Act III of 1308-F. 2.Subs. for the word "Taluqdar" by the A.P.A.O. 1957. 3.Amended by Act III of 1355-F. ---

which is either the property of the Government or which the Government has by constructing and repairing an anicut or by any other means made available for cultivation and with regard to the use of which rate has not already been fixed on the land. Such rate shall be liable to revision after a period which Government may with regard to the principle and rules of settlement, determine and it shall be recoverable as1[Government] land revenue. CHAPTER V Occupation of Khalsa Land and Right of Occupants 54. Procedure for acquiring unoccupied land:— (1)When any person is desirous of taking unoccupied land he shall before occupying the land submit a petition to the Tahsildar and obtain his permission in writing. (2)On such petitionbeing submitted, the Tahsildar may, in accordance with the rules made by the Government in this behalf from time to time, give permission in writing for occupation.] 2

[54-A. Procedure in respect of land acquired

for purpose of public benefit and no more required:— When agricultural or pasturage land acquired for public benefit is no longer required the patta thereof shall be made in the name of the person or his successor from whom, such land was acquired provided

he consents to refund the compensation originally paid to him. If such person or his successor does not take the land, it may be given on patta under Section 54. CASE LAW When once the agricultural land is acquired for any non-agricultural purpose for being used to any public benefit the same by law shall be deemed to have lost its character of being agricultural or pasture land and Section 54-A of the Telangana Act is not applicable to such land. For instance, if the land is acquired for construction of school building or industry or for providing housing colony and if any part of the land is not utilised for the said purpose, it cannot be said that still the surplus land continues to be agricultural land. Such interpretation of treating unutilised agricultural land as agricultural land would be contrary to the very spirit of Chapter -V, especially Sections 54 and 54-A of the Telangana Act as well as the Land Acquisition Act. Koppula Narasiah vs. Government qfA.P. 2000 (6) ALT 337. Section 54-Aand Board Standing Orders, B.S.O. No.90(32) and Land Acquisition Act, 1894. Sec.4(1) Acquisition of agricultural land for a public purpose Acquiring authority utilised only certain extent ofland acquired. The said authority informing the Land Acquisition Officer that the remaining unutilised portion of the land was no longer required. Petitioner-landowner making representation to reassign the said unutilised land to him preparing to pay back compensation received in respect of that land together with interest at 12% p.a. L.A.O. rejecting such representation stating that it was required for construction of M.R.O. complex. Such an order of rejection of LAO - Not legal. Petitioner-

landowner entitled to get reassessment of such unutilised land under Sec.54-A of the Act and B.S.O. No.90 (32). Authorities shall assign such land or grant patta in favour of the person from whom it was acquired even without making an application by him. Proposal of the authorities to make use of the said land for some other public purpose is an afterthought put forward to circumvent the order of High Court in earlier writ petition directing authorities to consider the representation of petitioner for reassignment of the said Land. Unutilised land is only a small bit and not useful for construction of any office complex. Order of single Judge in writ petition holding the petitioner to be entitled to relief of reassignment sought for by him. Just one. No interference with the said order warranted - Writ Appeal dismissed. Gout. o/A.P., Revenue Dept vs. SyedAkbar; 1999 (5) ALT 202 (D.B.) 11996 (3) ALT 793 Followed : AIR 1997 SC 2703 Distinguished]. --1. Amended by Act IV of 1345F. III of 1324-F. ---

2. Amended by Act

Expression 'no longer required' for the public benefit used in Sec.54-A. Meaning of - No longer than the very purpose for which land was acquired. Syed Mohammad Yahya Quadri (died) per L.Rs. vs. Dist. Collector. Nalgonda Dist. 1996 (3) ALT 793. Section 54-A and Hyderabad Land Acquisition Act, 1309-F., Sec. 3 - Acquisition of land -Agricultural land acquired for public benefit. Once agricultural land acquired for public benefit is no longer required, patta shall be granted to the land owner. Public benefit and public purpose are synonymous terms. Land acquired for construction of maternity ward. Not used for the said purpose - Land owner therefore entitled to get back patta for the acquired land transferred to his name. However, land owner held entitled to compensation of market value of suit land as on the date of this order deeming it to be a fictional date of eviction, as government used the land for another public purpose by constructing buildings thereon. Government held entitled to retain the land subject to payment of compensation. Syed Mohammad Yahya Quadri vs. Dist. Collector, Nalgonda Dist, 1996 (3) ALT 793. Ingredients of the provision-Stated. Syed Mohammad YahyaQuadri (died) for L.Rs. vs.Dist. Collector, Nalgonda Dist, 1996 (3) ALT 793. Section 54-A and Land Acquisition Act, 1894 and Hyderabad Land Acquisition Act, 1309-F - Three statutes relate to acquisition of land - Special law prevails over general law. Hyderabad Land Revenue Act being a special law prevails over Land Acquisition Act which is a general law. Question of harmonious construction of provisions of two enactments does not arise in such cases. Section 54-A

of Land Revenue Act be read as part and parcel of Hyderabad Land Acquisition Act. SyedMohammadYahyaQuadri(died)JbrL.Rs. us. Dist. Collector, Nalgonda Dist, 1996 (3) ALT 793. Section 54-A and Transfer of Property Act, 1882, Sees. 51 and 108 - Law of equity -Acquisition of land under Hyderabad Land Acquisition Act, 1309-F - Land owner held entitled to possession of land and transfer of patta under Sec. 54-A of A.P. (T.A.) Land Revenue Act, 1317-F. as the land was not used for the purpose for which it was acquired. Government using the said land for another public purpose and constructing buildings thereon. Land owner held entitled to market value of land acquired as on the date of the judgment. Government to retain the land subject to payment of compensation. Syed Mohammad Yahya Quadri (died) for L.Rs. vs. Dist. Collector, Nalgonda Dist., 1996 (3) ALT 793 [1996 (1) An.WR 456 - Relied on]. 55.

Rules relating to alluvial land:—

Alluvial land, upto two guntas where it is wet and upto one acre where it is dry shall remain, without collecting any revenue in the occupation of the holder of the adjacent land, and if it exceeds that extent it shall be let out as unoccupied Khalsa land but the holder of the adjacent land shall have preference over others. 56.

Rules relating to diluvial land:—

If diluvial land is upto two guntas where it is wet and upto one acre where it is dry, the pattadar of the land shall not get any rebate in its revenue and if it exceeds that extent rebate shall be given in its revenue. 157. Procedure when person unlawfully occupies unoccupied land

or uses land without title:— (1) If any person unlawfully occupies any unoccupied khalsa land or so uses or occupies any land which has been set apart for any special purposes, to the use or occupation of which under this Act he is not entitled or in respect of which his right of use of occupation has extinguished shall— (a) if the land which he has unlawfully occupied or used without title or has retained in his possession forms part of a number which has been assessed for land revenue, pay the land revenue of the entire number for the whole period of unlawful occupation or use: and— --1. Amended by Act IV of 1345 F. ---

(b)if such land has not been assessed for land revenue, pay so much amount of land revenue as would be recoverable in the same village for similar land according to the area of occupied land, period of occupation and the nature of use; and (c)if the land has been used for agricultural purposes he shall at the discretion of the 1[* * *] 2[Collector] 1[* * *], pay in addition to the land revenue provided in clause (a) or (b) a fine which may extend to ten times the annual land revenue of the said land recoverable from him. Provided the ten times amount is not less than five rupees; otherwise the maximum amount of fine any extend to five rupees and if the land has been used for non-agricultural purposes the maximum amount of fine shall extend to the amount as the Government may by rules fix from time to time. (2)In case of every occupation of unlawful use the decision of the1[* * *] 2[Collector] 1[* * *] as to the assessment of land revenue shall be conclusive and for the purposes of assessment of land revenue

occupation for a portion of a year shall be deemed to be an occupation for a whole year. (3)The'[* * *] 2[Collector]1[* * *] may summarily evict from land any person having unlawful occupation or use and attach the crop raised on such land. Similarly if any building or construction of any kind is erected on such land; the1[* * *! 2[Collector] 1

[* * *1 shall

have power to grant reasonable opportunity (which shall not be less than one month) and give to the land-holder an order in writing to remove such building or construction from the land. If the holder does not comply with the order within the period fixed the 2[Collector] as its expiry shall have authority to attach such building or construction or to summarily demolish and remove it from the land. (4)After the property is attached by the order of the 1 1

[* * *) 2[Collector] [*

* *] the attached property shall be managed

according to his discretion, and if there be any encroachments on such property, the cost incurred in removing them under the provisions of this section shall be recoverable from the unlawful occupier or

the person who has unlawfully used it, as the case may be, as an arrear of land revenue.] 58. Occupancy right is heritable and transferable:— An occupancy right to land shall be deemed to be heritable and transferable. [58-A. Sanction of 2[Collector] for transfer of

3

occupied land compulsory in certain cases: — (1) Notwithstanding anything contained in the preceding section the Government may, by 4

[Official Gazette] notify in respect of any village or

tract of 5[the area to which this Act extends] that the right of occupation of any land under Section 54 given after --1.Omitted by Act III of 1355-F. 2.Subs. for the word "Taluqdar" by the A.P.A.O. 1957. 3.Amended by Act ill of 1308-F. 4.Subs. for the word "jarida" by Act III of 1355-F. 5.Subs. for the words "Mamalikl-i-Mahroosa-i-Sorakarl-iAair the H.E.H.Nizam's Dominions by ibid. ---

the date of the notification shall not be transferable without obtaining the previous sanction of the1[* * *]2 [Collector] 1* * *](2) The Government may also at its discretion from time to time notify by Official Gazette, that any part or person or class of persons of such village or tract of the area to which this Act extends to which the provisions of sub-section (1) have been made applicable shall be exempt from the said provisions. 58-B. Procedure in case of transfer 'by order of Court' of land not transferable without sanction of 1[Collector]: — Where right of occupancy of any land is declared non-transferable without the sanction of the 1* * *]2[Collector] 1[* * *] and the1[Collector] has not given sanction for its transfer and the transfer of such occupation has been made by the order of a Civil Court or the Civil Court has passed a decree regarding its transfer or its decree or order is founded on such transfer as has been affected without the sanction of the 2[Collector]. (a)No process of the Civil Court shall have effect on such land nor any transfer thereof shall be considered as valid; and (b)Where a certificate is produced before such Court under the hand and seal of the1[* * *] 2[Collector] 1* * *] to the effect that right of occupancy of the land is not transferable without the sanction of the 2 [Collector] which should be

previously obtained and that such sanction has not been given, such Court shall remove any attachment of land if it has been made or cancel any other process if it has been unissued in respect thereof or if the land has been sold auctioned or any such auction has been made as affects right of occupancy of such land, shall also cancel every such sale.] 59.

Who shall be Pattadar on death of

Pattadar:— On the death of a Pattadar of Khalsa land the name of the person who is lawfully entitled under a Will and if there be no such person, of the nearest heir, and if there are several heirs of equal degree, of the one who by custom has the right of primogeniture shall be entered in the register by the 2[Collector] and the names of the remaining heirs shall be entered as Shikmidar. But, if at any time, any person produces against the claimants, of a patta a decree of a competent Court as regards his right of preference amendment in the Government records shall be made in accordance with the decree. 60.

Occupancy right to be sold in case

Pattadar dies intestate or heirless:— Where a Pattadar dies intestate or without making a Will, the occupancy right of land held by him shall

be sold and after deducting expenses of sale the arrears of land revenue, if any, shall first be paid --1.Omitted by Act III of 1355-F. 2.Subs. for the word 'Taluqdar" by A.P.A.O. 1957. ---

62. P from the sale proceeds and the remainder shall be

r

dealt with as unclaimed property.

o

61.

c

Occupant to be entitled to construct

godowns and wells, etc.,

e

or otherwise improve conditions of land:—

d

(1) Every occupant shall be entitled '[to construct or

u

repair godowns or wells on land occupied by him

r

or otherwise improve its condition] and shall not

e

be entitled except with the written permission of the 2[Collector] to appropriate agricultural land to purposes other than agricultural. If no written

i n

reply for such permission is given by the 2

[Collector] for three months from the date of

presentation of the application, the application shall be deemed to have been granted. In every such case the 2[Collector] on receipt of the

c a s e

application, shall furnish a written acknowledgment thereof and without unnecessary delay communicate to him the

o f

sanction of refusal of the application, and the 2

[Collector] at the time of granting such

application, may, in addition to the new assessment payable under Section 50, if necessary, after recording reasons therefor introduce such conditions as he may have settled with the consent of the occupant. H(2) No occupant of land shall be entitled to construct or repair any tank or kunta without the permission of the Government.]

a g r i c u l t u r a

l land appropriated to nonagricultural purposes:—

-

The 2[ColIector] may take action under Section 57 against a pattadar or Shikmidar who has, without

-

permission, appropriated agricultural land to noilagricultural purposes. 63.

Right to all mines vests in Governments-—

Right to all mineral products vests in the 3

(Government] and no person shall excavate anything

from any mine without permission. But this section shall have no effect on subsisting rights. 64.Occupant may relkiquisli or transfer occupancy right to another:— A pattadar may, before expiry of the date fixed by the 3

[Government] by notification in this behalf, by

presenting a compromise relinquish the land occupied by him or get it transferred in the name of any other person, but he shall remain responsible for the Government demands due by him. A compromise not applying to a whole number or a whole pote-number shall not be acceptable. 65.

Right of way on relinquishing land to vest in

future holder:— If any person relinquishes land, the way to which lies through other land occupied by him the right of way shall continue to the person who --1.Amended by Act No. III of 1324-F. 2.Subs. for the words "Taluqdar" by A.P.A.O. 1957. 3.Amended by Act No. III of 1308-F.

-

fete,

shall hold land in future, provided there is no other way equally convenient. CHAPTER VI Of Superior Holder and ShikmiHolder 66.

Liability and rights of Pote-Pattadar:—

A Pote-pattadar shall pay on his portion of land proportionate land revenue and so long as he continues to pay the land revenue for his share he shall not be evicted from his portion of land. The pattadar shall not be entitled to enhance the '[Government] land revenue on the land of the pote-pattadar. 67.

When shall Asami Shikmi have perpetual

occupancy right'-— Where no agreement has been made between the Pattadar and Asami Shikmi pertaining to the period of possession, and the possession by the Asami Shikmi has been for a continuous period of twelve years he shall be deemed to be a Shikmidar and he shall have permanent right as against the Pattadar. If any person has been from the commencement of cultivation or the patta jointly cultivating with the Pattadar he shall be deemed to be a Shikmidar until a decision of a Court of law to the contrary is obtained: 2

[Provided that an Asami Shikmi who has been in

possession of any bil-Maqta-land in an ijara village for a continuous period of 12 years, whether there was any agreement between the Ijaradar and the Asami Shikmi pertaining to the period of cultivation or not, and every person who has from the commencement of cultivation or from the time patta was granted to the Ij aradar, j ointly with such Ij aradar cultivated any bil-Muqta-land

held by such Ijaradar, shall be deemed to be a Shikmidar in respect of such bil-Maqta-land.] Explanation:— If an Asami Shikmi remains out of possession for a period of more than one year and during that period takes no action against the pattadar for possession, such period shall not be deemed to be continuous. 67-A. Conferment of Pattadari rights on Shikmidars:— Notwithstanding anything to the contrary contained in any law usage, contract, grant, decree or order of a Court but subject to the provisions of Section 166-B. (i) a Shikmidar who was granted a Shikmidar certificate in respect of any land by a Revenue Officer, shall be declared as pattadar of that land by the Deputy Collector in whose jurisdiction the land is situate, within a period of 3[seven years] from the date of commencement of the Audhra Pradesh (Telangana Area) Land Revenue (Amendment) Act, 1964 and the Deputy Collector shall --1.Subs. by Act No. III of 1308-F. 2.Proviso added by Act IX of 1952. 3.Subs. for the words "four years" by A.P. Act 13 of 1969. ---

issue a certificate to that effect in the prescribed form and give intimation thereof to the former pattadar of that land; and such certificate shall be binding on the former pattadar; '[(ii) where no Shikmidari certificate was granted to a Shikmidar in respect of any land by a Revenue Officer as provided in clause (i), the Deputy Collector, shall on an application made within a period of seven years from the date of commencement of the Andhra Pradesh {Telangana Area) Land Revenue (Amendment) Act, 1964,or may, suo motu at any time, after making an inquiry in the prescribed manner declare the Shikmidar as pattadar of that land and issue a certificate to that effect in the prescribed form and give intimation thereof to the former pattadar of that land and such certificate shall be binding on the former pattadar.] (iii) where a Shikmidar is declared to be a pattadar in respect of any land under clause (i) or clause (ii), the former pattadar of land, who has not received the price payable therefor from the Shikmidar, shall within a period of one year from the date of intimation to him, apply to the Deputy Collector for the determination of the reasonable price to be paid to the former pattadar for that land by the Shikmidar: (iv) on receipt of an application under clause (iii), the Deputy Collector shall give notice to the applicant and the Shikmidar who is declared as pattadar and to all other persons who appear to him to be interested, of the date, time and place at which he I completion

proposes to enquiry into the application and on the

i

of the enquiry, he shall determine the reasonable

price payable -p

for the land by the Shikmidar to the former

pattadar; |

Provided that the amount so determined as reasonable

price shall not be more than ten times and less than eight times the difference between the rent paid or payable by the Shikmidar to the former pattadar for the year 1952 and the land revenue paid or payable for that year by the former pattadar to the Government in respect of that land; (v) Where the Shikmidar fails to pay, in the manner and within the !

time prescribed, the reasonable price for the land

in respect of L

which he has been declared as pattadar under

clause (i) or i

clause (ii), as determined by the Deputy Collector,

the amount so payable shall be recovered from the Shikmidar as an arrear of land revenue in the following manner and paid to the former pattadar of the land— (a) by the sale of the properties, if any, of the shikmidar other than the land in respect of which the reasonable price is payable; 1. Clause (ii) subs, by A.P. Act 13 of 1969.

(b) where he has no properties other than such Ian dor where the amount realised from such properties fall short of the reasonable price, by the sale of such land. Explanation:— 1[In this section and in Section 67-B— (i) the expression 'Shikmidar' shall, in relation to any land, include a person who shall be deemed to be a Shikmidar in respect of that land under Section 67; (ii) the expression 'pattadar' shall in relation to any land include any other person interested in that land but does not include a 'Shikmidar'. THE ANDHRA PRADESH REVENUE LAWS MANUAL 67-B. Validation of certain transfers of land

1

conferment of pattadari rights on transferees:— (1)Notwithstanding anything in this Act where, before the commencement of the Andhra Pradesh (Telangana Area) Land Revenue (Amendment) Act, 1964, any transferee has in good faith purchased or otherwise acquired the interests of the Shikmidar in the land either directly from the Shikmidar or from any other person who in good faith acquired such interests, ant'

where such transferee is in possession of the land on such commencement, he shall within a period of seven years from such commencement apply to the Deputy Collector within whose jurisdiction the land is situate for declaring him as pattadar of that land. (2)Where transferee has made an application for declaring him to be a pattadar in respect of any land under subsection (I), if the former pattadar has not received the price payable thereof from the transferee, the Shikmidar or any other person who in good faith purchased the interests of the Shikmidar in the land, such former pattadar shall, within a period of one year from the date of intimation to him by the Deputy Collector of such application, apply to the Deputy Collector for the determination of the reasonable price to be paid to him by the transferee. (3)On receipt of an application under sub-section (2), the Deputy Collector shall give notice to the applicant and the transferee and to all other persons who appear to him to be

interested of the date, time and place at which he proposes to inquire into the application and on the completion of the enquiry, he shall determine the reasonable price payable for the land by the transferee to the applicant; Provided that the amount so determined as reasonable price shall not be more than ten times and less than eight times the difference between the rent paid or payable by the Shikmidar to the former pattadar for the year 1952 and the land revenue paid or payable for that year by the former pattadar to the Government in respect of that land.

--1. ---

Ins. by Act 13 of 1969 (18-3-69).

(4) Where the transferee fails to pay, in the manner and within the time prescribed, the reasonable price for the land in respect of which he has applied to be declared as pattadar under sub section (1), as determined by the Deputy Collector, the amount so payable shall be recovered from the transferee as an arrear of land revenue in the following manner and paid to the former pattadar referred to in sub-section (2), of the land— (a)by the sale of the properties, if any, of the transferee other than the land in respect of which the reasonable price is payable; (b)where he has no properties other than such land or where the amounts realised from such properties falls short of the reasonable price, by the sale of such land. (5) The Deputy Collector shall after satisfying himself that the price payable to the former pattadar referred to in sub-section (2) has been paid or has been deposited within such time and in such manner as may be prescribed, require the transferee to deposit in the office of the Deputy Collector an

amount equal to the registration fees and the stamp duty that would have been payable had the transfer been effected by a registered document in accordance with the provisions of the Registration Act, 1908. On the deposit of such amount, the Deputy Collector shall issue a certificate in the prescribed form to the transferee declaring him as pattadar of that land and such certificate shall, notwithstanding anything in the Registration Act,

1908, be

conclusive evidence of such transfer". 68.

Liability of Shikmidar to payment of land

revenue:— A Shikmidar shall pay on the land held by him only so much of fixed rent or share of produce as maybe due in accordance with the agreement entered into between him and the pattadar or pote-pattadar, and if no such agreement has been entered into as much as he was paying in accordance with the usage in previous years, and so long as he continues to pay the rent he shall not be evicted from the land in his possession. 69.

When rent may be enhanced on Shikmidar:—

The rent on the Shikmidar may be enhanced in the following cases only:— (a)When after expiry of term of settlement an enhancement in the assessment of land revenue on the land held by

the Shikmidar is made by the l [Government] or at any time any new local tax is levied by the '[Government] the Shikmidar shall be liable to a proportionate increase, provided that no agreement to the contrary has been entered into. (b)When the term of agreement between the pattadar and the Shikmidar expires and the right of the pattadar to enhance the --1. Amended by Act III of 1308-F. ---

rent after the expiry of the term has been agreed to under the agreement the enhancement may be made under the terms of the agreement. (c) If, apart from the labour and expenses of the Shikmidar through the expenses of the pattadar or owing to other reasons the capacity or the area of the land is improved an enhancement may be made with regard to such improvement provided that no agreement to the contrary has been entered into and enhancement shall not be made again within five years. 70.

When Shikmidar shall be entitled to

reduction of rent:— A Shikmidar shall be entitled to reduction of rent in the following case only:— (a)When any reduction in the land revenue in respect of land held by the Shikmidar is made by the l [Government] or any local tax is remitted by the 1 [Government] in proportion thereto provided that no agreement to the contrary exists. (b)When it may be so provided in the agreement. (c)When the area or capacity of the land diminished owing to some reason, not being the result of an act of the Shikmidar, provided that no agreement to the contrary has been entered into, 71.

Liability of Asami Shikmi respecting

payment of rent and

procedure when Shikmi relation is not desired to be maintained:— If no agreement has been entered into with the Assami Shikmi the same rent as was due for the previous year shall be recoverable either in cash or share of produce and if the Asami Shikmi has from the beginning taken possession of the land without any agreement, such rent shall be fixed as is realised for land of similar capacity from Asami Shikmis in the neighbourhood. The pattadar shall not be entitled, after the commencement of the agricultural year, to make any variation without the consent of the Asami-Shikmi, in the terms or the rent for that year, or to evict theAsami from the land. If the pattadar desires to vary the terms or evict the Asarrii for which there is no express agreement a written notice of enhancement of rent and other conditions of eviction shall be given to the opposite party three months before the termination of the agricultural year or if the person giving the notice so desires such notice may be given through the Tahsil Office under the rules made in this behalf. If the Asami-Shikmi agrees to the rent and terms he shall retain possession of the land during the following year, otherwise he shall relinquish the land. If he retains his possession notwithstanding the receipt of notice he shall be bound to pay the enhanced rent and observe ---

1. Amended by Act No. III of 1308-F. ---

the conditions set forth in the notice; and if the notice before eviction the Asami-Shikmi shall have no right of possession during the following year. Asami-Shikmi, after commencement of the agricultural year, shall not be authorised to relinquish the land for the whole year, without payment of rent, but if he desires to relinquish, he shall as therein before specified, notify the pattadar three months before the termination of the current agricultural year. Application regarding enhancement or reduction of rent or eviction shall be presented and heard in the Tahsil. 72.

Application for arrears of land revenue or

rent in Tahsil within three years: — If a pote-pattadar Shikmidar or Asami-Shikmi does not pay the land revenue or rent in time, application in respect of the same may be presented in Tahsil within three years from the date of its becoming due and the decision of the Tahsil shall be enforced under the rules for the realisation of land revenue, but this procedure shall not be a bar to seek remedy in the Civil Court. 73.

Procedure in case of remission or

suspension of land revenue: — If land revenue is wholly or partially remitted or suspended by the 1

[Government] the remission or suspension shall also

apply to the rent of pote-pattadar, Shikmidar and AsamiShikmi according to the shares; provided that no agreement has been made to the contrary. 74.

[Omitted].

2

75. Penalty when proved that land-holder has by force recovered any amount in excess of fixed land revenue or rent: — When it is proved to the 3[Collector] regarding any land holder that he has unlawfully recovered from any Shikmidar or Asami-Shikmi an amount in excess of fixed land revenue or rent payable under the provisions of this Chapter, the 3[Collector] shall get the amount recovered in excess refunded to the aggrieved person and may also levy on him a fine not exceeding the amount recovered in excess and the 3[Collector] may also, if he deems fit order to pay a portion of the amount of fine recovered to the aggrieved person by way of damages. 76. In default of payment of land revenue it shall be lawful in certain cases to cease and auction right of pattadar and make any cooccupant or other concerned person a pattadar: — When it appears to 3[Collector] that a pattadar with intent to defraud or cause injury to Shikmidar or other person interested in the number, has, willfully not paid the land revenue and rendered the number liable to attachment and sale, the 3[Collector] may instead of attaching and selling the right of occupancy, attach only the title of such pattadar, and on condition of payment of the whole amount of land revenue due on that land

--1.Amended by Act HI of 1308-F. 2.Omitted by Act IX of 1952. 3.Subs. for the word "Taluqdar" by the A.P.A.O. 1957. ---

cause the name of the Shikmidar or the person interested in such number to be entered as a pattadar in the village records. The person whose name may be so entered in the village records shall acquire the same rights as the original pattadar. *CHAPTER VII Settlement and Partition of areas 77

1

. Government may introduce revenue survey into any part of Dominions:—

The Government may whenever they deem it expedient, issue order to make survey of any land in any part of 2[the area to which this Act extends], for the purpose of settlement and assessment of land revenue and record and preservation of the rights relating thereto, or for any other similar purpose. Such survey shall be called the revenue survey. Such survey may be made of the land of any village, town or city generally of such land only as the Government may direct; and subject to the orders of the Government the Officers conducting such survey may exempt from survey any land the settlement of which does not appear expedient. The entire power to control every such survey shall vest in the Government.] CASE LAW Sections 77, 78, 86 and 88 - Patta recorded in Sethwar (Settlement Record) - Whether evidence of title - Patta is evidence of right of the holder of land. Patta is evidence of title - Pattadar is one in whom title vests. Union of India vs. VasaviCo-operatiue Housing Society Ltd. 2002 (5) ALT370 (D.B.).

78.

Landholders, etc., maybe made by

general notice or summons, to attend survey operations and assistance of Village Officers, and officers, concerned may be taken:— The 3[Survey officer] may require, by general notice or summons, the attendance of all landholders and all persons interested in such land, in person or through an authorised agent acquainted with the facts and able to answer material questions, and the presence of village servants and officers concerned, who are, legally or by usage, bound to perform their functions by virtue of their offices and services and also take from them such assistance in the operation of survey as may not be inconsistent with their dignity and position. 79.

No number to comprise of less than fixed

area:— Number of any cultivable land shall not be made of less or greater area than fixed by the 3[Government] for each district according to different types of land and a statement showing the area fixed shall, before the commencement of the survey be displayed at a conspicuous

--* Note: Consequent on the extension of certain laws like A.P. (AA) Revenue Recovery Act, 1864 etc., the corresponding provisions in Chapters VII, VIII and IX of A.P. (T.A.) Land Revenue Act 1317F are no longer applicable.

1.Amended by Act No. III of 1355-F. 2.Subs. for the words "Mumalikl-i-Mahroosa-i-SarkariAli (H.E.H. the Nizam's Domonions) by the A.P.A.O. 1957. 3.Amended by Act No. III of 1308-F. ---

place in each village. These provisions shall not apply to the numbers which have already been made of a'lesser area or which have been made under the special order of a superior

1

[Survey officer] or which may be

made, separately demarcated, under the order of the 2

[Collector] 3[*"* *] in accordance with the provisions of

Section 25 for purpose other than agricultural. 80.

When pattadar or pote-number tenders

compromise it may be made over to any one of pote-pattadars of same number:— [(1) If a pattadar of a pote-number of any number

4

tenders comprise the pote-number shall be made over to such person from among the Potepattadars as may be entitled thereto and if there is no such person or he does not take it then to him who pays the largest amount of land revenue and if he also does not take, all the potepattadars of the same number shall in the same manner successively have the right.] [(2) * * * ] '

5

81.

Settlement officers to make assessment:—

Subject to rules made under Section 172 the '[Survey Officer] shall, with due regard to laws and subsisting rights, make the assessment on all lands within the local limits in respect of which an order may have been under Section 77. Provided the land is not wholly exempt from the land revenue; but nothing in this section shall be construed to prevent the ' [Survey Officer] from making or registering the assessments on land wholly exempt from land revenue or especially expected

under Section 77 from settlement or from dividing into numbers all such land where the survey is being made. 82.

Assessment of land revenue may be made

directly of land or of means of irrigation:— Where assessment is to be made on the land which is used for agricultural purpose only, the aforesaid powers shall also include the power to make assessment either directly on the land or to fix a rate of tax for water according to the means of irrigation, provided that of tax has been fixed on such means of irrigation under Section 53 or any other law or that land is assessed in some other manner approved by the [Government].

2

83.

Assessments made in settlement shall not

be recovered without sanction of Government:— The assessment made by the '[Survey Officer] shall not be recovered without sanction of the Government. The Government shall after proper modification, sanction such assessment for any fixed term which in the case of the agricultural land shall not exceed thirty years. --1.Amended by Act III of 1308 F. 2.Subs. for the word Taluqdar' by A.P.A.O. 1957. 3.Omitted by Act III of 1324-F. 4.Subs by Act III of 1308-F. 5.Sub-sec. (2) was omitted by the A.P.A.O. 1957. ---

84.

Announcement of assessment how made:—

When the assessment fixed by the settlement for the agricultural land is sanctioned by the '[Government] a 2

[Survey Officer] not lower in rank than an 2[Assistant

Commissioner] or in his absence the 3[Collector] either himself or through any 4[Deputy or Assistant Collector] shall fix a date for the announcement of the assessment and at a reasonable time beforehand make proclamation and on such date shall publicly announce the assessment fixed on each number. No person by being absent at the time of announcement shall be absolved from any liability to which he may be subject under the announcement of assessment. 85.

When assessment fixed shall be levied:—

In the agricultural year in which a settlement, whether original or subsequent, is announced under the last preceding section, assessment fixed shall not be levied but it shall be levied in the subsequent year as maybe fixed in the announcement of assessment. Any person who does not agree with the assessment fixed may, before the commencement of that agricultural year, file a compromise under Section 64. 86.

Preparation of register:—

(1) The 2[Survey Officer] shall, at each settlement, prepare a separate register for each village showing the area and assessment of each number together with the name of the pattadar. The register and other records shall be prepared in accordance with the rules made by the Government by notification.]

5

[(2) *

5

[(3) * * * ]

87.

* *] Settlement Officer to correct clerical and

other errors admitted by all parties and application for correction of name to be made within two years:— 6

[The Director of Settlements and on making over the

settlement records to the Collector, the Collector may, at any time, correct or cause to be corrected any clerical error or errors admitted by the party concerned.] The aforesaid officer shall hear all applications made within two years after the introduction of the settlement, for the correction of any wrong entry of a pattadar's name in the register referred to in the preceding section and if satisfied about the error whether such error has been made through negligence, fraud, or collusion shall correct the same, --1.Amended by Act No. III of 1308-F. 2.Amended by Act No. III of 1308 F. 3.Subs. by the word "Taluqdar" by A.P.A.O. 1957. 4.Subs. by for the words "Diwan Taluqdar" (second collection) by ibid. 5.Sub-sections (2) and (3) were omitted by the A.P.A.O. 1957. 6.Subs. by A.P. Act 36 of 1976 (19-4-1976). ---

notwithstanding that the party concerned does not admit the error but not such application shall be entertained after two years, unless reasonable cause is shown to the said officer for the delay, and in such cases if any error is proved it shall not be corrected without obtaining the sanction of thev1[Government]. CASE LAW Secs.87, 87-A, 166 and 166-B — Government assumed jurisdiction which they did not possess and proceeded to remand the case to the Commissioner of Survey and Settlement — They have also acted without jurisdiction in entertaining a second revision petition — It was rejected and it became final — The Government are justified in invoking to revisional power at the instance of the District Collector to nullify the order passed by the Commissioner of Settlement without jurisdiction and contrary to the provisions of Sec.87 — Even though there is an infirmity in the impugned order of the Government as regards the manner of decision making, the writ need not issue "ex debito justitiae" — An order which is vitiated by certain infirmities cannot be condemned and thereby allow a patently illegal order passed without jurisdiction to hold its sway—A truncated approach cannot be adopted and bring about a result leading to miscarriage of justice. Khairuddin All and others vs. State of A.P. and others; 1999 (2) ALT 727 (D.B.) = 1999 ALT (Rev.) 557. 2

[87-A. Delegation of powers of Government:— (1)Notwithstanding anything in this Act, the Government may, by notification published in the Andhra Pradesh

Gazette, delegate their powers under Section 87 to the Settlement Commissioner, and may, by like notification, withdraw any such delegation. (2)The exercise of the powers delegated under subsection (1) shall be subject to such restrictions and conditions, if any, as may be specified in the notification.] CASE LAW Sec. 87-A—See Sec. 87— Khairuddin All and others vs. State of A.P. and others; 1999 (2) ALT 727 (D.B.) = 1999 ALT (Rev.) 557. 3

[88. Settlement records to be made over 4

[Collector] who shall cause village records

to be prepared:(1) The settlement register and other records prepared by the 3[Survey officers] shall be made over to the 4[Collector], who shall cause Village records to be prepared in accordance therewith.] [(2) * * *] 6[88-A. * * *] 89 Division of numbers and fixing of potenumbers on second settlement to be lawful: — The

3

[Survey officer] may, on the occasion of any

subsequent settlement, subject to the provisions of Section 79 and under the rules ---

1.Amended by Act III of 1308-F. 2.Ins. by A.P. Act 36 of 1976 (19-4-1976). 3.Amended by Act No. III of 1308-F. 4.Subs. for the word "Taluqdar" by A.P.A.O. 1957. 5.Sub-section (2) was omitted by ibid. 6.Section 88-A was omitted by ibid. ---

made in this behalf, break up and divide a number into two or more numbers and shall fix separate assessment for each such number and enter the area of each such number and the name of the occupant in the settlement register. 1 -89- A. Division of Survey numbers into new Survey numbers:— Notwithstanding anything contained in Section 79 and Section 89 or rules made thereunder, when any portion of cultivable land is permitted to be used under the provisions of Sections 61 and 62 for non-agricultural purpose or when any portion of land is specially set apart under Section 25 or when an assessment on any portion of the land is altered or levied under Section 50, separate survey number may, subject to the rules made by the Government under this Act in this behalf, be made of such portion. 89-B. Division of Survey numbers into pote-numbers:— (1)Notwithstanding the provisions of Section 89 the Government at any time, may direct that survey numbers be divided in to so many pote-numbers as may be required in view of the rights acquired in land or for any other reason. (2)The division of survey numbers into potenumbers and the assessment of the pote-numbers shall be made and from time to time revised under the rules made by the Government in this behalf under this Act;

Provided that the total amount of assessment of any survey number or pote-number shall not be enhanced during the term of settlement for which such assessment has been fixed under Sections 81 and 83, unless such assessment is declared liable to alternation under Sec. 50. (3) The area and the assessment fixed of such pote-numbers shall be entered into such records as the Government may prescribe in this behalf.] CHAPTER VIII Dispute Relating to Boundaries and Installation and maintenance of Boundary Marks [90.Deterrnination of village boundaries:—

2

The Collector or any other officer nominated by the Government for this purpose, or the Settlement Commissioner, if survey operations are proceeding in the village shall enquire about and fix the boundaries of villages and determine disputes, if any, relating thereto. When the Patels and Patwaris of any two or more adjoining villages agree to any given line of boundary and such agreement is not illegal, the officer determining the boundary shall require the said parties to execute an agreement to that effect and shall mark off the boundary accordingly. --1.Amended by Act No. III of 1355-F. 2.Subs. for Sees. 90 and 91 by the A.P.A.O. 1957.

---

91.

Procedure in case of disagreement or

dispute:— If the parties do not agree in the manner prescribed in the last preceding section, the said officer shall, after necessary inquiry make a plan showing the area of the ground in dispute together with the boundaries or marks, existing or which may be stated, in different colours, and shall, after completing the inquiry make an award in the case.] 92.

Determination of field boundaries:—

If, at the time of a survey, the boundary of a filed is pointed out by the holder and it is undisputed and its correctness is also affirmed by the Patel and Patwari of the village the boundary shall be marked. If the boundary of a field is disputed or the landholder is not present or does not point out the same, the 1[Survey officer] and when settlement operation is not proceeding the2 [Collector] in a case the land is of khalsa area 3[ * * * ] shall fix the boundary according to the entries in village records, and according to occupation if, adverse to the entries in village records, it is established that the occupation extends over a year and no legal action has been taken in connection therewith. 93.

Settlement of boundary disputes by

arbitration:— If the parties agree to refer the boundary- dispute to arbitration and make an application to that effect in writing, the competent officer shall refer the case to arbitration for settlement; and to the dispute shall apply all provisions of arbitration relating to civil suits and the powers vested in a Court by virtue of such provisions shall vest in 2[Collector] or the 4[Settlement

Commissioner]. 5[94. Construction or repair boundary marks of Villages and survey numbers:— Where survey operations are proceeding, it shall be lawful for the Settlement Commissioner or such other officer authorised by him in this behalf, to cause to be constructed or repaired boundary-marks of villages and occupied numbers; and the officers concerned shall see to their maintenance. The Survey officer shall, by a notification posted in the 'Chaudi' or in some adjacent and conspicuous place, require the holders of lands to construct or repair the boundary marks of their numbers and in accordance with the directions given in the notification within specified period which shall not be less than one month, and on their failure to comply with the requisition within the specified period, the said Survey Officer shall cause the boundary-marks to be constructed --1.Amended by Act III of 13C8-F. 2.Subs. for the word "Taluqdar" by the A.P.A.O. 1957. 3.The words "and in case of a non-khalsa land the officer authorised under Section 172" were omitted by ibid. 4.Subs. for the words "Nizam Paimaish Bandobast or Nizam Land Records" (Commissioner of Survey Settlement or the Commissioner of Land Records) by ibid Act No. 3 of 1355 F. 5.Subs. for the original Section 94 by A.P.A.O. 1957.

---

or repaired and cause charges incurred to be recovered from Pattadar as an arrears of land revenue.] 95.

Dimensions and form etc, of boundaries

to be determined with sanction of Chief Revenue Authority:— The dimensions and form of boundary marks of villages and numbers and the material of which they shall be made, shall be determined with the sanction of the Government according to local conditions, climate, durability and cheapness of materials. 96.

1

Collector] to have charge of boundary

marks after introduction of settlement:— When settlement is introduced into a district, the

;

[Collector] shall be in charge of boundary marks. The [Collector] may for their preservation and maintenance,

1

exercise all the powers as are vested in a Settlement officer under Section 94. 97.

Responsibility for preservation of boundary

marks:— 2

(1) Every land-holder shall maintain the boundary marks of the land occupied by him in original condition and if he fails in it and does not carry out necessary repairs in spite of orders of the village and Taluqa officers the Revenue officers, not lower in rank to a Tahsildar, shall cause the necessary repairs to be carried out and recover the charges thereof form the pattadar as an arrears of land revenue.

3[(2

98. —

)*

*

*]

Penalty for damaging etc., boundary marks:

Any person convicted after a summary trial, before a 4[* * *]' [Collector] or 5[Deputy or Assistant Collector] or 6

[Survey officer] or Tahsildar, of willfully erasing, removing

or damaging boundary-marks, shall be liable to a penalty which may extend to four times the cost of repair or fixation of each mark so erased, removed or damaged and such mark shall be rapaired or fixed from such amount. 99.

Fixing of limits of village sites:—

The 1[Collector] or the 6[Survey officer] may, subject to rules and safeguarding the subsisting rights of landholders, determine the limits of a village site. 100.

No land revenue to be levied in certain

cases on lands within village site:— No land revenue for purposes of this Act shall in the following cases be levied on lands situated within a village site and not used for purposes of agriculture:— --1.Subs. for the words Taluqdar" by the A.P.A.O. 1957. 2.Amended by Act III of 1355-F. 3.Sub-section (2) was omitted by A.P.A.O. 1957. 4.Omitted by Act III of 1308-F. 5.Subs. for the words "Duwam taluqdar" (Second Taluqdar) by ibid. 6.Subs. by Act III of 1308-F. ---

(a)where a person or his legal representative upto the date of commencement of this Act, has held any land without payment of land revenue and has not made an agreement with the 1

[Government] to pay it in future;

(b)where a competent officer has made an order or granted a Sanad in respect of right of occupancy exempting any land form land revenue without fixing any period. In other cases also no land revenue shall be levied on a land within a village site without the sanction of the l [Government], 101.

Procedure on occupying without

permission land situate in village site:— If, after the commencement of this Act, any person without the written permission of the officer, occupies any land situated in the village site which has not been set apart for agriculture the

1

[Collector] may recover the

compensation for occupancy right of such land or fix a land revenue on the land or order both for recovery of compensation and levy of land revenue; and if it is proved that the land was held dishonestly or through mischief he may recover penalty to the extent of double the compensation for occupancy right. And if any building has been constructed on it and the Government purposes or the public benefit is thereby encroached upon if that building is not

demolished and not more than one year has elapsed from the date of completion of construction the 2[Collector] may, after recording his reasons, order the person who has constructed the building to demolish it and remove the material thereof within a fixed period which shall not be less than six months. If he does not comply within the period the 2[Collector]may seize the building. 102.

Suit not to be instituted in Civil Court

after one year from order of Collector:— No suit against the order of the 2[Collector] made under Sec. 101 shall be instituted in any Civil Court after one year from the date of the order. CHAPTER IX Realisation of Land Revenue and other Government Demands 103. Responsibility for payment of land revenue:— The person primarily liable for payment of land revenue for khalsa land, shall be the pattadar of such land and for non-khalsa land the superior holder thereof. And when he fails to pay the land revenue, the land revenue may be recovered from Shikmidar, or co-sharer of the superior holder or inferior holder or person in actual occupation of the land, but the amount which he may have paid to the pattadar or superior holder at the time of --1.Amended by Act III of 1308-F.

2.Subs. for the word "Taluqdar" by the A.P.A.O. 1957. ---

instalment or thereafter shall not be recovered form him, and the amount so recovered shall be refunded from that pattadar or superior holder. Priority of 1Government] Claim for Land Revenue 104. 1Government] demand to have priority over all claims:— The demand on any land, for its land revenue shall have priority over other demands whether in respect of debts or mortgage or based on a decree of or attachment by a Court, and if the title to any land on which such Government demand is due is transferred, such land or its transferee shall not e discharged from such demand. If the demand for land revenue which cannot be recovered from the title to or existing produce of that land is due from a person the liability for the payment of the land revenue shall have precedence over debt to decree of a Court also on his property other than the land on which the demand is due; provided that such property before it is forfeited for recovery of the said demand, is not sold or mortgaged or given as a gift or otherwise transferred or hypothecated or attached. 105.Produce of land to be deemed as, hypothecated for payment of land Revenue:— The produce of land for every year shall be deemed to have been hypothecated for land Revenue due for that year. 106.

Produce disposed of by sale etc., may be precautionary measures for securing land revenue withheld

till payment of land revenue:— When the produce of any land is wholly or partly sold, mortgaged, or otherwise disposed of whether by order of a court or other competent department or with the desire of the land holder, the '[Collector] may prevent such produce being removed until the land revenue for the current year has been paid, though the date for the prescribed instalment has yet not arrived. But in no case shall a produce or a portion of produce, which has been sold, mortgaged or disposed of be detained on account of land revenue of a period exceeding one year. 107.Power of 2[Collector] when apprehended that revenue shall not be recoverable:— If the 2[Collector] has reason to believe that any land holder is a defaulter or it is apprehended that land revenue shall not be recoverable on any land in case the crop is reaped or the produce is sold:(a) he may require that the standing crop of the land liable to payment of land revenue shall not be reaped without a notice to himself or to the officer appointed by him for this work. Such notice shall be given in writing and returned with acknowledgment receipt and if the crop has been reaped: --1.Amended by Act III of 1308-F. 2.Subs. for the word Taluqdar" by the A.P.A.O. 1957. ---

(b)he may direct that such crop shall not be removed from the land on which it has been reaped, or from the place where it may have been stored, without the written permission of the [Collector] or

1

of other officer as aforesaid; (c)he may appoint a watchman, fixing his pay, to watch that the standing crop is not unlawfully reaped or removed without permission.

The pay of such watchman shall not

exceed five rupees per month, and may be realised as an arrears of land revenue from the land holders, but if the produce could be watched through the village officers a paid watchman shall not be appointed. 108.

Issue of orders provided for in Section

107 and penalty for contravention thereof:— Orders provided in clauses (a) and (b) of the preceding section may be issued generally to all the cooccupants or land holders or individually to any particular holder. If the orders be made generally to all land holders they shall be issued by proclamation to be made by beat of drum and a copy thereof shall be affixed at some conspicuous place in the village Chavadi. If the said orders be made individually they shall be issued

separately to each holder concerned. Any person who contravenes the orders so issued or abets such contravention shall be liable, on conviction after a summary enquiry before the 1[Collector] to a fine not exceeding double the amount of the land revenue on the land in respect of produce of which the offence is committed. 109.

Reaping or removal of produce of land not

to he prohibited for such long period as to damage produce:— The ' [Collector] shall not defer the reaping of the crop and its removal so as to damage the produce of the land and if the land revenue has not been paid within two months from the date of attachment or with in such lesser time as the 1[Collector] may fix in special cases, he shall either release the produce and adopt other measures to realise the land revenue under the provisions of this Chapter or sell such portion of the attached produce under the provisions of this Chapter relating to sale of movable property for the recovery of revenue the price of which will be sufficient for payment of revenue. 110.

Attachment of village or part of village for

land revenue:— If the holding consists of an entire village or of a part of a village and the 1[Collector] has reason to believe that owing to a dispute among trie sharers or for any other reason its land revenue will not be recoverable in the prescribed instalments, he may temporarily attach the village or part of the village and take it under his own

management or entrust it to an officer or agent appointed by him for that work. --1. Subs. for the word " Taluqdar" by the A.P.A.O. 1957. ---

The provisions of Section 125 shall also apply to any village or part of a village which has been temporarily attached under this section and the income of the village or part of the village in surplus after allowing the costs of attachment and management of the land, and the payment of the land revenue and of the cost of survey and settlement, if made under Section 77 shall be kept in deposit for eventual payment to the person entitled to the same, or subject to the orders of the 1[Board of Revenue], shall be paid by the 2

[Collector] to the person entitled to the same.

111.

Precautionary measures to be

suspended on security being furnished:— The precautionary measures provided for in Sections 106 to 110 .shall be suspended or relinquished if the person responsible for the payment of land revenue shall pay the entire costs of attachment and management of the land up to the time of relinquishment and shall furnish reliable security to the effect that the land revenue shall be paid on the fixed date or in the prescribed instalments, as the case may be. Mode of Instalments of Land Revenue 112.

Government to determine date and

instalments for recovery of amount:— (1)Land Revenue, except under circumstances mentioned in Sections 106 to 110, shall be payable in such instalments and on such dates and at such places, and to such

persons as may be determined by order of the Government for this purposes. (2)No officer shall recover any instalment before prescribed date. Definitions 113. Arrears and Defaulter:— An amount of land revenue not paid as above shall be called an arrears of land revenue and the persons from whom the arrear is due under Section 103 or any other section shall be called defaulters. 114. Liability incurred in case of non-payment of arrears:— If any instalment be not fully paid even after the expiry of the prescribed time, the 2[Collector] may adopt measures to recover both the entire amount of land revenue due by the defaulter for the current year and the interest or penalty as maybe recovered according to a scale fixed by the 3[Government] but if he is satisfied that the arrear of land revenue is only due to poverty he may remit the penalty or interest and refund the same if already recovered. 115.

Certified account to be conclusive

evidence as to arrears:— An account, certified by Peshkar or any other Taluqa Officer, higher in rank than a Peshkar, shall be conclusive evidence of the existence of --1.Subs. for the word "Subedar" by the A.P.A.O. 1957. 2.Subs. for the word "Taluqdar" by the A.P.A.O. 1957.

3.Amended by Act III of 1308-F. ---

the arrear its amount, or of the person by whom it is due. On receipt of such certified account, the 1

[Collector] of one district shall proceed to recover the

arrear of land revenue of another district under the provisions of this Chapter as if the arrear is of his own district. Recovery of Arrears of Land Revenue 116. Measures for recovery:— An arrear of land revenue may be recovered by the following measures and as far as possible, the measurers shall be employed in the order mentioned below: (a)by issuing a notice to the defaulters under Section 118. (b)by distraint and sale of the defaulter's movable property under Section 119. (c)by distraint and sale of the defaulter's immovable property under Section 120; (d)by arrest and detention of the defaulter under Section 122; (e)by forfeiture of the right of occupancy in respect of which the arrear is due under Section 124; 2[(f)

117.

*

* *j Measures specified applicable to arrears

due both for previous years and current year:— The measures specified above may be employed for the recovery of arrear, both of previous years and of the

current year, but the preference provided in Section 105 shall apply only to arrears for the current year, and the preference provided in Section 104 shall apply to arrears for three years, except in case any measures for any arrears commenced in the very year for which it is due but it has not been fully executed by the end of the year and the execution is pending. Notice of Demand 118.

When and by whom notice of demand

may be issued and its costs:— The Tahsildar may, on any day after the expiry of the date on which the arrear accrues send on any day to the defaulter a notice of demand, and the cost of demand notice being two annas if the amount of demand does not exceed ten rupees, four annas if it exceeds ten rupees but does not exceed twenty five rupees and eight annas in all other cases, may be recovered. 119. Distraint and sale of defaulter's movable property:-— The Tahsildar may distraint and sell the defaulter's movable property. Such distraint shall be made by officers or clerks appointed by him for this work. --1.Subs. for the word "Taluqdar" by the A.P.A.O. 1957. 2.Clause (f) omitted by the A.P.A.O. 1957. ---

[120. Distraint and sale of defaulter's immovable

1

property:— The 2[Collector] or the 3[Deputy or] 4[Assistant Collector] may distrain the defaulter's immovable property other than the land held by him, but where such distraint has been made by the order of the Deputy or Assistant Collectors it shall not be sold except with the sanction of 2[Collector] 121. Property of defaulter exempt from attachment:— All such property of the defaulter shall be exempt from attachment and sale under the preceding sections as is exempt under the 5[Code of Civil Procedure, 1908 from attachment and sale in execution of a decree of a Court. The 2[Collector's] order as to what property of the defaulter shall be exempt from attachment and sale shall be final. Arrest and Imprisonment 122. Power to arrest defaulter and send him to. Civil Jail:— After an arrear becomes due, when it may not appear possible to recover it in any other way the defaulter may be kept in custody for ten days in the district or Tahsil office, but if within the said period the arrear, together with penalty or interest and the costs of arrest of and subsistence for the defaulter during custody and the cost of notice that may be recoverable is recovered, the defaulter shall forthwith be released. If during the period of ten days the amount due is not recovered the 2 [Collector] may thereafter or if he deems fit before the expiry often days, send the defaulter a warrant to remain in custody in the civil jail of his

district but no defaulter shall be kept in imprisonment for a period exceeding one month. 123. Power to arrest:— The 6[Government may declare by notification] the officer or class of officers empowered to arrest under Section 122 and the cost of arrest and scale of subsistence for the person under custody. Forfeiture of Occupancy and Eviction of Defaulter 124. Lease and sale of occupancy right:— [(1) The 2[Collector] may attach the holding in respect

1

of which land revenue is due and lease it out for a period not exceeding ten years; but if in his opinion it is proper to sell such land he may, with the sanction of the 7[Board of Revenue] sell the right of --1.Amended by Act III of 1324-F. 2.Subs. for the word "Taluqdar" by the A.P.A.O. 1957. 3.Subs. for the words "Duwam Taluqdar" (Second Taluqdar) by the A.P.A.O. 1957. 4.Amended by Act No. III of 1355-F. 5.Subs. for the expression "Hyderabad Code of Civil Procedure" by A.P. A.O. 1957. 6.Amended by Act No. III of 1355-F. 7.Subs. for the word subedar by A.P.A.O. 1957". ---

(2)

occupancy of the land. Any sum realised by auction or sale or through other management of the land shall be credited to the account of the defaulter. The Government may, whenever it appears necessary, by general or special order, authorise any 1[Collector] or Additional Collector to sell the land attached under sub-section (1) without the sanction of the 2[Board of Revenue].

3|* [125 to 128. *

3

*

*]

Stay of Proceedings for Recovery of Arrears 129.

Recovery proceedings to be stayed on

security being given or amount being paid:— If, in the presence of the ' [Collector] or other officer appointed by him for this purpose and if the defaulter is imprisoned, before the officer of the Jail reliable security or amount in cash towards payment of the aforesaid arrears and other costs is furnished to the satisfaction of the 1[Collector] or such other officer he shall forthwith be released from custody or imprisonment. Any person against whom, under some measure, any proceeding for the recovery is pending before any officer may deposit the amount demanded with that officer stating that he has objection for the payment of the said amount. 130. Procedure for sale and publication of notification:—

When an order for sale of the property of the defaulter is made under the provisions of this Chapter the Tahsildar or any '[Collector] or 2[Deputy or Assistant Collector] shall issue a notification in the vernacular. 4 [* * *] The notification shall contain the following particulars:(a)the time and place of sale; (b)by whose sanction the sale shall be made final; (c)when the property to be sold is revenue land its area and revenue; (d)

other matters which the 1[Collector] may

think necessary. Such notification shall be affixed at some conspicuous place in the chavidi or any place in the village wherein the property was attached and the Tahsildar's Office and its substance shall be proclaimed by beat of drum in the village wherein the property was attached and in such places also as the 1[Collector] may deem fit. If the property to be sold be immovable property, a copy of the notification shall also be affixed at some conspicuous place in the 1[Collector's] Office and its substance shall be published by beat of drum at the headquarters of the district; --1.Subs. for the word "Taluqdar" by the A.P.A.O. 1957. 2.Subs. for the word "subedar" by the A.P.A.O. 1957. 3.The heading "attachment of villages" and Sections 125 to 128 were omitted by the A.P.A.O. 1957.

4.The words "as well as in Urdu" were omitted by the APAO 1957. ---

and the

1

[Collector] may in addition to the aforesaid

method get every notification published in any other manner also. 131. Objection in respect of attached property: — When any objection is made by any person in respect of any property for the sale of which notification has been issued and not being a holding the right of occupancy of which has been absolutely forfeited to the Government under Section 124, the l [Collector] shall make a summary inquiry and decide it and excluding the property in respect of which the objection is admitted he shall order the rest to be sold. 132. Sale by whom and when to be made:— Sale shall be made through such persons as the [Collector] may appoint for the work on a day not

1

being a public holiday, during ordinary office hours but not within at least thirty days if the property is immovable, and seven days if it is movable from the issue of the notification referred to in Section 130, but this provision shall not apply to perishable articles, which irrespective of the restrictions as to said period shall be sold immediately at the discretion of the officer conducting the sale and he shall have power to finally conclude such sale. The1[Collector] shall have power to stay from time to time the sale for any sufficient reason. 133. When sale may be stayed:— If at any time before the date fixed for the sale the arrear together with the other lawful charges is deposited by the defaulter with the auctioneer or the

person appointed under Section 112 for the recovery of land revenue or if reliable security is furnished under Section 129 the sale shall forthwith be stayed. 134. By whose sanction sale shall be final:— Every sale of immovable property shall be finally concluded by the sanction of the 1[Collector] and that of movable property by the sanction of the officer empowered by the1[Collector] by a general or special order. 135. Mode of payment of purchase money:— The auction-purchaser shall pay the purchase money as directed below:— (a) When the sale is concluded before an officer authorised to confirm and conclude it finally— (1)on account of movable property, in full, immediately after the sale is concluded or within such period as the officer conducting the sale may fix. (2)on account of immovable property onefourth, as deposit, immediately after the sale is concluded and the entire balance within 30 days from the date of sale and if the thirtieth day be a public holiday, then on the first day following the holiday. --1. Subs. for the word "Taluqdar" by the A.P.A.O. 1957. ---

(b)- when the sale is concluded before an officer who is not authorised to sanction and conclude it finally— (1)one-fourth, as deposit, immediately after the sale is concluded. (2)the entire balance, on account of movable property, before sunset of the day on which the notice of sanction of the sale is received, and on account of immovable property within thirty days of the receipt of notice of sanction and if the thirtieth day be public holiday then on the day following such holiday. 136.

Re-sale if purchase-money is not paid

within prescribed time:— If purchase money is not paid within the period provided in the preceding section, the deposit money, if any, after defraying therefrom the expenses shall forfeit to the 1 [Government] and there shall be a resale and for every such resale, when it does not take place on the day fixed and in the meeting of the first sale, action shall be taken for the issue of a notice under Section 130. If the amount for which the resale was concluded be less than the first sale the deficiency shall be recovered from the purchaser at the first sale as an arrear of land revenue and the purchaser at the first sale shall have no claim to the property sold and the amount of deposit forfeited.

137.

Receipt for purchase money to be

furnished and sale as concluded to become absolute:— On payment of the purchase money the auction purchaser shall get a receipt and after payment of full amount of purchase money such sale, shall subject to the provisions of Sections 138 and 139, become absolute in favour of the purchaser as against all other persons. 138. Application to set aside sale of immovable property:— At any time within thirty days from the date of sale of immovable property application maybe made to the 2

[Collector] to set aside the sale on the ground of

illegality of proceedings, material mistake, or fraud, in conducting sale or publishing notification but no sale shall be set aside on such application only unless the applicant proves to the satisfaction of the 2[Collector] that he has sustained loss by reason of the illegality, mistake or fraud. If such application be allowed the 2

[Collector] shall make order to set aside the sale with

the direction that it should be resold. 139. Order confirming or setting aside sale:— If application for setting aside the sale is not made under the preceding section or has been made and rejected the 2[Collector] shall make an order confirming the sale; and if he thinks that the sale may be set aside on reasonable ground though no such grounds were set forth in the application rejected, he may, after recording his reasons make an order setting aside the sale. ---

1.Amended by Act III of 1308-F. 2.Subs. for the word "Taluqdar" by the A.P.A.O. 1957. ---

140.

Refund of purchase money if sale is

not confirmed or set aside:— Where the sale of any property is not confirmed or is set aside the purchaser shall be entitled to receive back the purchase-money or the deposit. 141.

Putting purchaser into possession of

holding sold and entering his name as pattadar in village record:— Where a sale of a holding for which an arrear of land revenue is due is confirmed in accordance with the aforesaid provisions, the 1[Collector] shall put the auction purchaser into possession of the same and shall grant him a certificate to the effect that the person has purchased the occupancy right of the land. The certificate shall be treated as an authority for transfer of that land and the name of the auction-purchaser shall be entered into the village records as a pattadar; and no suit against the purchaser whose name has been recorded in such certificate shall be entertained in a Civil Court on the ground that the certificate holder is not in fact the purchaser but that by mutual agreement certificate has been made in his name. 142. Application of purchase money:— The purchase money after the sale has been concluded shall be applied first to the payment of expenses of the sale and then to the payment of arrears due by the defaulter at the date of conclusion of the sale and recoverable as an arrears of land

revenue, and the person whose property has been sold shall be entitled to the surplus, if any. The expenses of the sale shall be assessed according to the rules and orders approved by the 2[Government]. 143. Liability of purchaser for payment of land revenue:— The person whose name has been entered in the sale certificate as purchaser of occupancy right of the Government land shall be liable for the payment of all instalments of land revenue due in respect of such land subsequent to the date of sale. 144. Sums recoverable under provisions of this Chapter:— All the Government sums under the following heads may be recovered under the provisions of this Chapter:— (1)Land revenue (2)Quit-rent (3)Nazrana (4)Peshkesh (5)Taxes (6)Local cess (7)Fine and penalties (8)Income from lands --1.Subs. for the word "Taluqdar" by the A.P.A.O. 1957. 2.Amended by Act III of 1308-F. ---

(9) Rusum (10)Fees (11)Charges (12)Penal Interest (13)Lease money (14)Moneys recoverable from sureties 1

[(15) Taccavi loans]

[(16) All sums in respect of which provision has been

1

made in this Act or in any other Act that they be recovered as arrears of land revenue.] CHAPTER X Procedure of Revenue Officers 145. Revenue Officer to be subordinate to his superior:— In all official works and proceedings a Revenue officer shall be subject as to the place, time, and manner, of performing his duty, to the direction and control of his superior, provided there is no express provision in the law to the contrary. 146.

Power to issue summons for evidence and

producing document etc.:— Every Revenue officer not lower in rank than a Peshkar of Tahsil 2[the Assistant Settlement Commissioner may issue summons to any person to be examined as a party or to give evidence as a witness or to produce any document or article, as the case may be, for the purposes of an enquiry which he is empowered to make. Such officer shall have all the powers which are vested in a

Civil Court under the 3[Code of Civil Procedure, 1908] (Central Act 5 of 1908) to compel the attendance of person to whom summons has been issued or the production of document or other article. Every person to whom summons have been issued shall attend either in person or by an agent as maybe directed in the summons and state the truth upon any subject respecting which his statement or evidence is recorded and produce such document and articles as may be required. 147. Form, issue and service of summons:— The provisions of the 3[Code of Civil Procedure, 1908] (Central Act 5 of 1908) shall apply mutatis mutandis to the form, issue and service of summons. 148.

Code of Civil Procedure regarding

sustenance allowance to be followed when party desires attendance of witnesses:— If any party, in any formal or summary inquiry, shall desire the attendance of witnesses he shall follow the rules contained in the 3[Code --1.Amended by Act No. III of 1355-F. 2.Subs. for the words "Madadgar Nazim Paimaish Bandobust a Madadgar Nazim Land Records" (theAsst. Commissioner of Survey Settlement or Asst. Commissioner of Land Records) by the A.P.A.O., 1957. 3.Subs. for the expression "Hyderabad Civil Procedure Code" by ibid.

---

of Civil Procedure, 1908] (Central Act 5 of 1908) regarding summons, allowance and sustenance to witnesses. Formal Inquiry 149. Mode of recording evidence in formal inquiry:— In a formal inquiry, the officer making the inquiry shall in his own hand record evidence in full

1

[ * * * ] or

cause it to be recorded in his presence and under his personal superintendence that it may be audible to him and sign it. The cases in which the officer making the inquiry is not able to record the evidence in his own hand, he shall in the course of examination make, in his own hand, a memorandum of the substance of the deposition of the witness and after signing it cause it to be put on the file. ^

If such officer is not able to record such memorandum, he

shall write the reason of his inability. £

150. Mode of writing of decisions:—

1

The competent officer shall after completing the inquiry

write every j

decision in his own hand and fully record therein the

grounds on which the decision is based. Summary Inquiry 151. Mode of summary inquiry:— In summary inquiry the competent officer shall, in the course of inquiry, record a minute of the proceedings in his own hand

1

[

]

containing the material averments of the parties to the case, the gist

of i

the evidence, and the decision and the reasons in brief for

the same. But the officer making an inquiry may, if deemed fit, in the cases where an inquiry directed by this Act is to be summary, act under all or any of the rules in force for formal inquiry. . 152. Formal and summary inquiry to be deemed judicial proceedings and to be conducted openly:— In a formal or summaiy inquiry provided in this Act the proceedings by a competent officer shall be deemed to be judicial proceedings for purposes of 2[sections 183, 198 and 210 of the Indian Penal Code, 1860] and his office shall be deemed to be a Civil Court. Every act and decision in a formal or summary inquiry shall be i"n public, and the parties to the case or their authorised agents, shall be duly given an opportunity for attendance. 153. Mode of ordinary inquiry:— An inquiry which this Act does not expressly require to be either formal or summary or an inquiry which a Revenue officer may on any occasion deem necessary in the execution of duties, shall be conducted A

according to any special or general rules, made under the

order of the [Government] or at the instance of a superior authority and subject to

2

--1.The words "in urdu" were omitted by the A.P.A.O. 1957. 2.Amended by Act III of 1318-F.

---

such rules the said officer shall in his discretion adopt such procedure as may be fit for finding out facts and for the public welfare. 154. Manner of obtaining copies and translation:— In all cases in which a formal or summary inquiry is made authentiated copies and translations of decisions, orders and exhibits shall be furnished to the parties on application being made; and original documents produced in evidence, if they have not been impounded under any rule or by any order or decision, shall be restored to the persons who had produced them; provided that the full charges for copying or translation, as the case may be, have been received in accordance with the rules as are in force by the order of the Government. 155. Arrest to be made by warrant:— When, under the provisions contained in this Act, a defaulter or any other person is held liable to be arrested, such arrest shall be made upon a warrant of arrest issued by an officer competent to order the arrest, of such person. 156. Power to enter upon land or premises when necessary:— Every Revenue officer may, enter, whenever necessary for measurements, fixing of boundary marks or inspecting of boundaries, classification of soil, or assessment, or for any other necessity connected with the discharge of duty, any land for premises, whether such land or premises belongs to the Government or to any private individual and whether the revenue is partially or wholly realised from the land or not;

Provided that he shall not enter into any house used as a dwelling without the permission of the occupier of the house and without giving twenty-four hours' previous notice, and on entering such a house due regard shall be had to the religious and social ideologies of the occupier of the house. 157. Mode of evicting unlawful occupant:— Whenever a 1[Collector] may desire to evict, under the provisions of this Act or any other law, any person having unlawful occupation of any land, such eviction shall be made in the following manner:— (1)a notice shall be served on the unlawful occupant requiring him to vacate the land within a fixed period from the date of receipt of the notice; (2)if it is not obeyed such person shall be evicted from the land by force; (3)if such eviction is resisted and obstructed by any person the 1

[Collector] may hold before him a summary inquiry

into the case and if satisfied after inquiry into the facts of the case that the resistance or obstruction was without any just cause and that such resistance and obstruction continues, shall issue a warrant for the arrest of the said person and keep him in custody in the ---

1. Subs. for the word Taluqdar" by the A.P.A.O. 1957. ---

office of the district, or Tahsil or send him with a

t

warrant for imprisonment in the Civil Jail of the

o

district for a period not exceeding thirty days as may be necessary to prevent the obstruction and

t

resistance. Explanation:— Nothing in this section

h

shall prevent proceedings

e

against such person under the 1[Indian Penal Code, 1860] (Central Act

G

45 of 1860).

o 2

[CHAPTER XI Appeal,

v

Review and Revision

e r

Appeal 158. Appeal from order of Revenue Officer:— {1) Except as otherwise provided in this Act for any other law for the time being in force, an appeal shall lie against any decision or order passed by a Revenue Officer under this Act or any other law for the time being in force, to his immediate superior officer whether such decision or order may have been passed in the exercise of original jurisdiction or on appeal. Explanation:— For the purposes of this section superior officer with reference to the decisions and orders of Tahsildars shall mean the 3[* * *] 4[Collector] [* * *] concerned, or the 5[Deputy or Assistant] 3[* * *]

3

[Collector] entrusted with the control of the Taluqa and

4

specially invested by the 6[Government] with powers to hear appeals against the decisions and orders of Tahsildar subordinate to him. 7

n

m

e

n t f r

o

m

a

n

y

d

e

c

[(2) Subject to the provisions of [the Andhra Pradesh 8

(Telangana Area) Board of Revenue Regulation, 1358 F.], (Regulation LX 01 1358 F.], (an appeal shall lie

i

s

ion or order passed by a Collector or Settlement Commissioner except in the case of any decision or order passed by such officer on second or third appeal.] (3) When on account of promotion or change of designation, an appeal against any decision or order lies under this section to the same officer who has originally passed the decision or order appealed against, the appeal shall lie to the officer competent under this section to hear appeals against the decisions of the said officer. --1.Subs. by the reference "Hyd, Penal Code" by the A.P.A.O. 1957. 2.Amended by Act No. 1C of 1345-F. 3.Omitted by Act III of 1355-F. 4.Subs. for the words "Taluqdar" by the A.P.A.O. 1957. 5.Subs. for the words "Duwam Taluqdar (Second Taluqdar), by ibid. 6.Amended by Act III of 1318-F. 7.Subs. for sub-section (2) ibid. 8.Subs. for the original short title by A.P. Act IX of 1961. ---

I

(4) Subject to the provisions of 2[the Andhra Pradesh

1

(Telangana Area) Board of Revenue Regulation, 1358 F.], (Regulation L of 1358 F.) if any decision or order is varied or reversed on revision or review in accordance with the provisions hereinafter laid down, an appeal shall lie from the order passed on such revision or review as if such order were an original order or decision.] 159. Non-appealable orders:— The following orders shall be non-appealable:— (1)order for exemption form period of limitation for a memorandum of appeal or application for review under3 [Section 5 of the Indian Limitation Act, 1908 (Central Act 9 of 1908).] (2)order rejecting an application for revision or review. 160. Period of Limitation:— Except as otherwise provided in this Act the period of limitation for the appeal preferred under Section 158 shall be as follows:— (1)when the appeal is against the order or decision of an officer lower in rank to a 6

4

*

*] 5[Collector] 4[*

*

*]

[Settlement

Commissioner], 60 days; (2)in all other cases, 90 days. 161.

Original order or copy thereof to be

filed along with memorandum etc.:—

The original order or decision appealed against or an authentic copy thereof shall be filed along with every memorandum of appeal. 162. Powers of appellate authority:— The appellate authority may admit the memorandum of appeal after or without calling for the record of the subordinate department or may after calling for the record and hearing the arguments of the appellant summarily dismiss without admitting it; provided that when the memorandum of appeal is time-barred or the decision is non-appealable the record of the subordinate department shall not be called for. (2)If the memorandum of appeal is admitted, a date shall be fixed for the hearing and the respondent informed of it by a notice. (3)The appellate authority may, if the parties be present after hearing their arguments and if, inspite of the due service of notice, any party be not present, after perusing the existing record; (a) annul, vary, modify or confirm the order or decision of the subordinate department; or --1.Subs. for the sub-sections (4) by the A.P.A.O. 1957. 2.Subs. for the original short title by A.P. Act IX of 1961. 3.Subs. for the reference "Section 5 of the Hyderabad Limitation Act" by the A.P.A.O. 1957.

4.Omitted by Act III ofl 355-F. 5.Subs. for the word "Taluqdar" by the A.P.A.O. 1957. 6.Subs. for the words "Nazim Paimaish bondobust or Nazim bed Records" (Commissioner Survey Settlement or Commissioner of Land Record) by ibid. ---

(b)

order the subordinate department to make further enquiry or take further evidence; or

(c) take such further evidence himself or by sending back the case to the subordinate department direct it for its disposal in the manner he may deem it. 163. Power to stay execution:— (1)When a memorandum of appeal is admitted the appellate authority may, pending decision of the appeal, direct the execution of the order or decision under appeal to be stayed. (2)Any Revenue officer who has passed an order or decision or his successor may, if an appeal against the order or decision has not been preferred to a competent officer, on the application of any aggrieved party at any time within the period of appeal stay the execution of such order or decision for such period (not exceeding three months, in any case) as he may deem fit in order to enable the aggrieved party to present a memorandum of appeal to the competent officer and obtain an order for the stay of execution. Orders under this sub-section by which execution is stayed or refused to be stayed shall not be appealable.

(3) When an order of stay of execution is passed under sub-sec. (1) or (2) the appellate authority or the executing officer may, at his discretion, take security from the party concerned or impose any other conditions as may be deemed fit. 1

[164. Final order to be deemed non-appealable:

— Whenever in this Act or any rule or order made thereunder, it is declared that a decision or order shall be final, such expression shall be deemed to mean that no appeal lies from such decision or order but, subject to the provisions of 2[the Andhra Pradesh {Telangana Area) Board of Revenue Regulation, 1358F (Regulation LX of 1358F). the Government may under Section 166-B, annul, vary or modify even a final order or decision.] 165. Propriety or reconsideration of order passed on motion of incompetent officer:— If in any case on the motion of any officer who is not competent to deal with it, a superior competent officer passes any order in the first instance, nothing shall prevent such competent officer, on the application of any party, to reconsider the said order and modify, annul, or vary it and such modification, annulment or variation shall be deemed to be in the first instance. --1.Subs. for Section 164 by the A.P.A.O. 1957. 2.Subs. for the original short title by the A.P. Act IX of 1961.

---

Revie w 166. Review:— (1) Every Revenue officer may, either himself or on the application of any party when the application is accompanied by the original order or decision or by an authentic copy of such order or decision against which the review is desired, review the order or decision passed by him or his predecessor and make such order as he may deem fit. Provided that an application for review shall be made on the following grounds only:— (a)when some new and important matter or evidence has been discovered which the applicant even after due diligence, could not know or adduce till the order or decision was passed; or (b)when some mistake or omission, by reasons of which the applicant has suffered loss, is apparent on the face of order or decision; or (c)When there is some other reasonable ground for review. (2) (a) Where it appears to the reviewing authority that there is no reasonable ground for review he shall reject the application, but before rejecting the application, the person applying for review shall be given an opportunity to produce arguments in support of the application.

(b)Where such authority is of opinion that the application for review should be granted, he shall grant the application but before doing so the opposite party shall be given an opportunity of being heard. (c)Where such application is on the ground of the discovery of new and important matter or evidence which the applicant alleges was not within his knowledge or could not be produced by him till the order or decision was passed, it shall not be granted unless such allegation is fully proved. (3) Where in the opinion of a 1[* * *] 2[Settlement Commissioner] or the 3[collector] 1[* * *) the review of an order or decision not passed by him is necessary or when any other Revenue officer, below the rank of a1[* * *] 3[Collector] 1[* * *]

2

[Settlement Commissioner] desires to review an order or decision whether passed by him or his predecessor every such officer shall before granting the application for review obtain the sanction of such officer or higher department whose immediate subordinate he may be. --1.The words "Subedarya" or Subedar were omitted by the A.P.A.O. 1957. 2.Subs. for the words "Nazim Paimaiash

bandobast, Nazim Land Records' (Commissioner of Survey Settlement, Commissioner of land Records) by ibid. 3.Subs. for the words "Taluqdar" by ibid. ---

(4)No order or decision shall be modified or annulled on review unless all the parties to the case to be affected are summoned and heard against the order or decision under review. (5)When a memorandum of appeal or application for revision has been filed against any order or decision, such order or decision shall not be reviewed. (6)No order or decision shall be reviewed which affects the mutual rights of the riot unless an application is filed by some party to the case and such application for review shall not be admitted unless it is filed within 90 days form the date of the order or decision. (7)When an order or decision has been disposed of in appeal or revision, no Revenue officer lower in rank to the authority hearing the appeal or revision shall be competent to review such order or decision. (8)For purposes of this section, the l[ * * *] 2[Collector] 1

[***] shall

be deemed to, be the successor of every such Revenue officer in the district as may not be present within the limits of

the district or who has ceased to have powers in the Revenue Department: Provided that his successor has not been appointed. (9)Orders passed in review shall on no account be reviewed. CASE LAW Sections 166 and 166-B - Review - No fraud or misrepresentation - No subsequent discovery of important material or evidence. Power of review sought to be exercised by the Government is neither just nor reasonable but influenced by other consideration. Every thing was not fair with the authorities -It deserves discouragement. M/s. Yamunanagar Co-operative House Building Society vs. Government of A.P.; 1997 (4)ALT317 (D.B.) (1995 (3) ALT 330 and 1995 (2) ALT 381 - followed). G.O. issued by Government in 1984 was confirmed by High Court in a writ petition — Government issuing another G.O. in 1992 in modification of G.O. of 1984 in exercise of its revisional power under Sec. 166 is without jurisdiction. M/s. Muthyafrao Co-operative Housing Society Ltd. vs. GovemmentoJA.P., 1995(2) ALT381 (1997(4) ALT317-followed). Power of Review of Government- G.O.Ms. No.1699, Revenue (Q) Dept., dated 17-11-1984 modified by G.O. Ms. No. 1049, Revenue (ASN-III) Dept., dt. 15-10-1992 — Possession of thirty acres of land handed over by Social Welfare Department to petitioner Housing Society in 19/4 for allotment of plots to its members — Plots were allotted by Society to 265 members — Constructions put up by members — When Government Officials attempted to demolish the constructions,

representations made to Government by Society for regularising allotment of plots in favour of its members — 4th respondent Association also made representations — On considering both representations, 1984 G.O. was issued to regularise house site plots allotted to members of petitioner society — When many members completed constructions investing huge amounts, upsetting of G.O. of 1984 by impugned G.O. of 1992 would cause great hardship and loss to members of petitionerSociety — Impugned G.O. of 1992 is unjust and arbitrary — Applying of eligibility rule of 1991 to members of petitioner Society long after allotment of plots — Unreasonable — Impugned G.O. quashed. M/s. Muthyalrao Co-operative Housing Society Ltd. vs. Government ofA.P.; 1995 (2) ALT 381 (1997 (4) ALT 317 followed). --1.Omitted by Act III of 1355-F. 2.Subs. for the word "Taluqdar" by ibid. ---

Review - Authority who passed the order cannot review its own order beyond the prescribed period of limitation. Such an order either can be set aside or can be modified only by higher authority. Government issuing a G.O. modifying earlier G.O. in exercise of its power of review beyond period of limitation - Not legal. M/s. Muthyalrao Co-op. Housing Society Ltd. vs. Government qfA.P.; 1995 (2) ALT381 (1997 (4) ALT 317 - followed). Review - Petitioner Society filed a suit for injunction against 4th respondent Association and obtained interim injunction. High Court in earlier writ petition held that reasons given in earlier G.O. of 1984 are substantially correct and that parties could agitate their rights in the pending suit. Petitioner Society later withdrew the suit. 4th respondent approached Government to review its earlier G.O. of 1984 without objecting withdrawal of suit, nor filing its own suit for declaration of its rights. When High Court upheld earlier G.O. of 1984, passing of G.O. of 1992 by Government modifying earlier G.O. in exercise of its power of review is without jurisdiction. M/s. Muthyalrao Co-op. Housing Society Ltd. vs. Government ofA.P.. 1995 (2) ALT381 (1997 (4) ALT 317 - followed). Review — Petitioner-Society never made representations to Government to review 1984 G.O. — It made representations to Government only to issue directions to District Collector to comply with 1984 G.O. — Passing of G.O. of 1992 only on representations of 4th respondent-Association made nearly 6 to 8 years after 1984 G.O. is not only barred by time but also an unjust order. M/s. Muthyalrao Co-operative Housing Society Ltd. vs. Government ofA.P., 1995 (2) ALT 381.

Word 'ryot' used in sub-sec.(6) of Sec. 166 meant the person liable to pay land Revenue to State. It does not mean agricultural ryots only. Section 166(6) applies to all cases of review affecting rights of parties relating to not only agricultural lands but also house plots. M/s. Muthyalrao Co-op. Housing Society Ltd. vs. Gout. ofA.P., 1995 (2) ALT 381. Sections 166 (1) and 166 (6) - Power of review of Government - Wherever review affects mutual rights of parties, review has to be done only on an application made by a party to original order within ninety days from the date of order under Sec. 166(6). G.O.Ms. No. 1699, Rev. (Q) Dept, dated 17-11-1984 passed considering representations of Petitioner Society and 4th Respondent Association. G.O.Ms. No. 1049, Revenue (ASN-III) Dept., dated 15-10-1992 passed by Government in exercise of its power of review, on representations made by 4th Respondent after 6 to 8 years of 1984 G.O., i.e., beyond ninety days from date of order Barred by time. M/s. Muthyalrao Co-op.Housing Society Ltd. vs. Government of A.P., 1995 (2) ALT381 (1997 (4) ALT 317-followed). Sections 166(1) and 166-A and Limitation Act, 1963, Art. 124 - Suo motu review -Period of limitation. Even suo motu power of review cannot be exercised at any time. It shall be done only within 30 days from date of order under Section 166-A of Land Revenue Act read with Article 124 of Limitation Act. M/s. Muthyairao Co-operative Housing Society Ltd. vs. Govt. ofA.P., 1995 (2) ALT 381. 166-A. Application of Limitation Act:— The provisions of the 1[Indian Limitation Act, 1908 (Central Act 9 of 1908)] shall as far as possible, apply to

every memorandum of appeal and application for review under this Act. Revision 166-B. Revision:— (1) 2[Subject to the provisions of 3[the Andhra Pradesh (Telangana Area) Board of Revenue Regulation, 1358 F], the Government] or any Revenue officer not lower in rank to a 4[Collector] the 5

[Settlement

--1. Subs. for the reference "Hyderabad Limitation Act" by Act III of 1355-F. 1.Subs. for the words 'Sarkar-i-ali" (the Government) by Act III of 1355-F. 2.Subs. for the original short title by A.P. Act IX of 1961. 3.Subs. for the word "Taluqdar" by the A.P.A.O., 1957. 4.Subs. for the words "Nizam Paimaish Bandobast, Nazim land Records (Commissioner of Survey Settlement, Commissioner of Land Records)" by ibid. ---

Commissioner] of Land Records may call for the record of a case or proceedings from a subordinate department and inspect it in order to satisfy himself that the order or decision passed or the proceedings taken is regular, legal and proper and may make suitable order in that behalf; Provided that no order or decision affecting the rights of the ryot shall be modified or annulled unless the concerned parties are summoned and heard. (2) Every Revenue Officer lower in rank to a

1

[Collector] or 2[Settlement Commissioner] may call for the records of a case or proceedings for a subordinate department and satisfy himself that the order or decision passed or the proceedings taken is regular, legal and proper and if, in his opinion, any order or decision or, proceedings should be modified or annulled, he shall put up the file of the case £

with his opinion to the 1[Collector] or 2[Settlement

Commissioner] as the case maybe. Thereupon the 3[* * *] '[Collector] or 2 [Settlement /

Commissioner] may pass suitable order under

the provisions of I

sub-section (1). (3)

copy of the original

The original order or decision or an authentic

*•

order or decision sought to be revised shall be filed

along with every application for revision. CASE LAW Orders passed by the Commissioner of Survey, Settlements and Land Records, A.P. 7

Hyderabad (2nd respondent) directing the implementation

of Assal Sethwar is a proceeding taken within the meaning of Sec. 166-B of the Act. MirzaMufcoram.Ali.Baig us. Gout, of A.P.. 2001 (2) ALT 16. Section 166-B and Constitution of India, Art.226. Order of the Revisional Authority i.e., Government challenged on various grounds. Every order or decision passed in a case and the proceedings taken by a Subordinate Officer is susceptible to the revisional jurisdiction of the Government or the Specified Authority under Sec. 166-B of the Act. Mirza Mufcaram Ali Baig us. Government of A.P., 2001 (2) ALT 16. The order or decision in a case including the proceeding on the file of a subordinate to the Government could be revised by the Government in exercise of its revisional jurisdiction - Explained. Mirza Mufcaram Alt Baig vs. Government of A.P., 2001 (2) ALT 16. The validity of the order passed by the statutory authority (i.e., appellate or revisional authority) must be judged by the reasons recorded therein and cannot be construed in the light of subsequent explanation by the authority concerned or by filing an affidavit. The revisional authority is required to apply its independent mind to the facts and issues that arise for consideration and decide the same in accordance with law. Mirza

Mufcaram Alt Baig vs. Government of A.P., 2001 (2) ALT 16. Section 166-B (2) and A.P. Non-Agricultural Lands Assessment Act, 1963, (NALA), Sees. 5 and 6. NALA was enacted for levy of assessment on lands used for nonagricultural lands. It is a self-contained Code. Land Revenue Act was enacted to amend and consolidate orders and Regulations relatingto land revenue. Under Sec.6 of NALA, RDO has revisional jurisdiction on the orders passed by the appellate authority. Such a revisional order when attained finality cannot be reopened by the Joint Collector by exercising his revisional powers u/s. 166-B (2) of the Land Revenue Act. The order of Joint Collector is a nullity -Cannot be sustained. Voltas Ltd. vs. Joint Collector, Medak, 2001 (2) ALT 269. Section 166BandA.P.RightsinLandandPattadarPassBooksAct, 1971Cancellation of assignment - First petitioner playing fraud in collusion with officials of local administration and obtaining assignment in his favour and in favour of three of his close kith and kin of

--1.Subs. for the word Taluqdar" by the A.P.A.O., 1957. 2.Subs. for the words "Nizam PaimaishBandobast, Nazim land Records (Commissioner of Survey Settlement, Commissioner of Land Records)" by ibid. 3.Omitted by Act III of lb55-F ---

Acs. 5-00 of land to each who are non-locals and are not landless poor persons and do not belong to weaker sections of the Society for whom only assignment of Government land is intended. Subsequently, he managed to obtain reassignment of the very same land to two freedom fighters without cancelling the earlier assignment and got the sale of those lands from them in favour of petitioners 2 and 3. Entire transaction of assignment to different individuals is confined only to paper which is nothing but a sham and nominal one. Those persons were never in possession of the land assigned to them. First petitioner only continued and enjoyed the entire Acs.20-00 of land himself. None of the assignees other than 1st petitioner offered explanation to the show-cause notice issued for cancellation of assignment. Cancellation of assignment by Joint Collector rejecting the explanation of 1st petitioner. Not illegal in the circumstances of the case. Right and title of Government not affected by transaction of sale when once assignment is cancelled. Petitioners not entitled to copy of preliminary report of enquiry held preceding show-cause notice. District Collector directed to enquire and initiate action against erring officers who colluded with petitioners facilitating appropriation of Government land by petitioners. Gadiraju Narayana Raju. vs. Joint Collector, Khammam, 2001 (4) ALT 767. Principles of natural justice - Assignment of land Revisional power of Collector to cancel assignment. If one officer hears a party and if another officer decides the issue and passes an order, it amounts to violation of principles of natural justice. Show-cause notice issued and assignee heard by one Joint Collector but order of

cancellation passed by another Joint Collector. Order liable to be set aside as violative of principles of natural justice.Laxminarayana us. Jt Collector, Khammam 1998 (2) ALT258= 1998 ALT (Rev.) 316. Revision - Land assigned in 1984 to petitioners as Scheduled Tribes — Show-cause notice for cancellation of assignment issued in 1994 - No allegation made in show-cause notice that assignment was obtained by playing fraud or misrepresentation — In the absence of such averment, exercising of revisional power of cancellation of assignments after a period often years. Unjust and unreasonable - Petitioners spent sufficient money for improving the land and constructing tiles factory. Impugned order of cancellation set aside and directions given to issue title deeds to petitioners. Loxminarayana us. Joint Collector, Khammam, 1998 (2) ALT 258 = 1998 ALT (Rev.) 316. Powers of revision of Collector delegated to District Revenue Officer — Once D.R.O. exercises power of revision as delegated authority, Collector in exercise of his supervisory powers over subordinates cannot revise order of delegated authority exercising his revisional powers — General supervisory powers do not extend to statutory orders of subordinates. Gudepu Sailoo vs. Government ofA.P., 1997 (5) ALT 598. Revision by Government — Resumption of assigned lands — District Revenue Officer to whom powers of revision of Collector were delegated passing an order that lands cannot be resumed — Collector suspending the said order — Government in suo motu revision ratified suspension order of Collector and remanded the matter to Collector to make an enquiry and pass final order —

Such an order of Government held to be irregular as it amounts to delegating its power to Collector whose power itself was earlier delegated to District Revenue Officer. Gudepu Sailoo us. Gouernment o/A.P., 1997 (5) ALT 598. Revisional power of Government — Resumption of assigned lands by Government for alleged irregularities 34 years after assignment — Unreasonable and arbitrary — Even though no period of limitation is prescribed for exercising revisional power, such power be exercised within reasonable time — Period of limitation may be 90 days as in the case of appeal and at the most it should not exceed one year. Gudepu Sailoo us. Government o/A.P., 1997 (5) ALT598 (AIR 1969 SC 1297 and AIR 1983 SC 1239 - followed). Amendment by Act No. 27 of 1990 — Introduction of new Section 166(C) — Came into force with Effect from 27-12-1990 — Confers powers on the State Government to review, either suo motu or on application, its earlier order " passed under any mistake, whether of fact or of law or in ignorance of any material fact". G.O.Ms.No.172/- dt. 1-12-1989 — The State Government, on consideration of the petitioner's case directed under the aforesaid G.O. the mutation of petitioner's name in the revenue Records — which order the Government sought to review under the new Sec. 166-(C). (1) Petitioner's contention that having ordered mutation of Petitioner's name in the Revenue records, it is not competent for the Government to review its order under the new Section 166 (C) — Constitutional validity of Section 166-C questioned. K. Narayana Rao vs. Principal

Secretary, Revenue Dept, Hyderabad; 1997 (2) An.W.R. 557. Assignment of Government land - Revisional power of Collector under Sec. 166-B of the Act be exercised within a reasonable period having regard to the facts and circumstances

of each case. Exercise of that power by cancelling assignments of lands made several years prior thereto and when third parties' interests are involved having acquired rights and interests in the lands and when pucca buildings were constructed therein investing huge sums of money in the mean time - IIIegal, unreasonable and oppresive. Smt. P. Mangamma vs. women's Co-op. Housing Society Ltd. 1995 (3) ALT330 (DB) (1997 (4) ALT 317-followed). Assignment of Government poramboke land to certain persons by Tahsildar in 1953 under the Laoni Rules, 1950 - Possession given to assignees and assignees selling those parcels of land to a Society. Lay out plan submitted by Society approved by Municipality -

Plots allotted to its members. Some of the allottees

selling those plots to third parties, Houses constructed by some allottees and other purchasers. Certificate of possession issued by Tahsildar showing that the said certificate was issued under Orders of Collector. Cancellation of the said assignment of lands made by Tahsildar by Collector in exercise of his revisional powers under Section 163-B on the premise that assignment was made without seeking approval of Collector, thirty one years after assignment and after construction of pucca buildings investing huge sums of money by third parties. Irrational, unreasonable and violative of fair play in administrative action. Impugned orders of cancellation of assignment - Quashed. Observation made that if authorities interfere with the possession and enjoyment of the owners of those parcels of land

they may approach competent Civil Courts for orders of injunction. Smt P. Mangamma vs. Women's Co-op. Housing Society Ltd., 1995 (3) ALT330 (D.B.) (1997 (4) ALT 317-followed). CHAPTER XII Miscellan eous 167.

Inspection of maps survey records and

village accounts and granting copies thereof:— Subject to such rules and after taking such fees as the Government may prescribe by notification, settlement records, all maps and village accounts shall be open to the inspection of the public and copies and extracts thereof may be given. CASE LAW Section 167 and the A.P. Record of Rights in Land and Pattedars Passbooks Act, Sec.7 -

The above provisions not only cast a duty on the

respondent to keep village accounts and the record of rights etc. open to the inspection of the public but also confer a right on the fue public to obtain certified copies of the same. The petitioner claims to have some interest over the land in respect of which he has sought certified copies. May be, it is classified as Government Land in Revenue records. It is not the request of the petitioner to issue him certified copies after altering the classification of the land. Issuance of certified copies of the original record relating to the land in question will not alter the character of the land. Nor, will it create any right in favour of the

petitioner. Thus there can be no objection for furnishing him the required certified copies. The Petitioner is entitled to have certified copies of the documents he has sought for. K. Peeda Jangaiah vs. MandalRevenueOflicer. 1996(l)An.WR 191=1996(1)APLJ 118. 168. Rules for partition of an area on which land revenue is levied:— The following rules shall be enforced at the partition of any area on which land revenue is levied: — (1) The area shall be divided as far as possible according to numbers without sub-dividing any number; But if the partition cannot be completely effected without subdividing a number, such number may be sub-divided by the

1

[Collector], subject to the

provisions of Section 79. (2) Any number or its pote-number which may remain undivided after the partition has been carried out under the preceding rule --1. Subs. for the word "Taluqd"-' by A.P.A.O. 1957. ---

and which is incapable of sub-division or further sub-division according to Section 79, shall be made over to one of the sharers; provided that such sharer pays to the other sharers the consideration for their shares or they shall be sold or auctioned and the proceeds divided among all the sharers or disposed of as the 1 [Collector] thinks fit. (3) The expenses properly incurred in making such partition shall be recoverable as an arrear of land revenue in such proportions as the l [Collector] thinks fit from all the shares or from the persons at whose request partition is made or form the persons interested in such portion. 2

[169, 170, 171]

172. Power to make rules:— (1)The Government may, by notification published in the 3[Official Gazette], make rules not inconsistent with the provisions of this Act, the carry out the purposes and objects of this Act and for the guidance of all persons in the matters connected with the enforcement of this Act or in matters not expressly provided for in the Act. (2)In particular, and without prejudice to the generality of the foregoing power, rules may be made with regard to the following matters:

4

[* * *]

(a)the appointment of Revenue officers and the exercise of their powers and their duties; (b)where the appointment of the officials is subject to furnishing security, the manner in which security shall be taken from them and the nature and the amount of such security; (c) 5[***] (d) 6 [***] (e) the assess me nt of la nd rev en ue an d the a lteration and revision of such assessment and the recovery of land revenue; (f)

the disposal of attached land;

[(f-1) to prescribe the manner of publication of the

7

notification and of the service of the notice referred to in sub-section (3) of Section 46-A;] (g)

the maximum amount of fine leviable

under Section 57; (h) the purpose for which land assessed for land revenue may or may not be used and to grant permission to use agricultural land for non-agricultural purposes; --1.Subs. for the word "Taluqdar" by A.P. A.O. 1957. 2.Omitted by A.P.A.O. 1957. 3.Subs. for the word "Jarlda" by the A.P.A.O. 1957.

4.Proviso was omitted by ibid. 5.Omitted by the Act XLIV of 1952. 6.Clause (d) was omitted by the A.P.A.O. 1957. 7.Added by Act XLIV of 1952. ---

(i) issuing of notice in the matter of enhancement of rent and eviction from land by the holder to the Asami or by the Asami to the holder under Section 71; (j) prescribing the area of a number under Section 79 and the records, registers, accounts and maps to be maintained for the purposes of this Act and the manner and forms in which they shall be prepared and maintained; (k) the interest or penalty chargeable if land revenue is not paid in time; (1) regulating the conduct of survey and settlement and land revenue and prescribing the notice to be issued under Section 84 before the introduction of settlement; 1

[(m) * * *]

1[(n) * * *] (o) the division of survey numbers into pote-numbers and the assessment of pote-numbers under Section 89-B. (p) the construction, laying out, maintenance and repair of boundary marks; (q) the mode of drawing up plaint, appeal, application for review and revision of prescribing forms and the manner of presenting them. CASE LAW Section 172 and A.P. (T.A.) Grant of Lease of Lands for NonAgricultural Purposes Rules, 1977, Rules 5, 6, 7 and 15 - Rules 5, 6, 7 and 15 and A.P. (T.A.) Alienation of State Lands and Land Revenue

Rules, 1975, Rule 4 and A.P. (T.A.) Land Revenue Act, 1317 Fasli, Sec. 172 - Government land - Alienation/Lease - Government has no unlimited discretion in the matter - Statutory Rules be followed. Lease Rules not followed in leasing out the land to respondents 5 and 6 and in delivering advance possession. No application made in the prescribed format for grant of lease. No provision in the rules to deliver advance possession of land before sanction of lease. Market value not ascertained -Requirements of the Departments of Government and other bodies - Ignored. No finding or observation made that the land leased out is for any public purpose. Maximum period of lease shall not exceed 25 years. No reasons given for granting lease for 30 years. Action of District Collector in delivering advance possession is contrary to Rules. Decision of Government to grant lease for 30 years to Respondents 5 and 6 subsequent to delivery of possession by District Collector - IIIegal and ultra vires the Rules. A decision ultra vires the Rules even though not mala fide - Liable to be set aside. Directions given to resume the land from the possession of Respondents 5 and 6. Road Metal Industry vs. Government of A.P., Revenue Department, 2001 (5) ALT 670. 173. Punishment for breach of rules:— (1)The Government may prescribe punishment for breach of rules which may either be imprisonment to the extent of one month or fine which may extend to five hundred rupees or both. (2)Under

sub-section (1)

be awarded by a magistrate.

---

punishment on conviction shall

1. Clauses (m) and (n) were omitted by the A.P.A.O. 1957.

_______“_________ ______

___________”

___

The SPV should be allowed to charge user fees for providing route navigational facility services, through an arrangement whereby investments made by the proposed SPV in ATC facilities are allowed to be recouped. User fees could be charged in convertible foreign exchange. The SPV should be empowered to seize the Aircrafts of Airlines in the event of non-payment of dues, and should be allowed to take legal action to evict tenants that do not comply with the terms of agreement. The SPV should be allowed to import capital goods duty-free. Assets such as air field works, terminal building etc should be treated as ‘Plant’ for the purposes of claiming and allowing higher depreciation rates for taxation purposes. Under section 80IA of Income-tax Act, 1961, the proposed new airport should be extended full tax holiday for 10 years. In conformance with guidelines stipulated by the Bureau of Civil Aviation Authority, Security Management in the defined precincts/zone in the Shamshabad area would rest with the SPV. In an emergency such as hijacking, security agencies of the Government of India and those of Andhra Pradesh Government will co-operate with the management of SPV. For the purposes of initiating such emergency/anti-hijacking operations, Government of India shall maintain and suitably fund an adequate force of armed police at the airport for 24-hour emergency coverage. The Government of India will man appropriately immigration and custom clearance services at the new airport and cargo complex, which will be suitably compensated by the management of SPV. GOI, through AAI will man CNA/ATN systems on the basis of compensation mechanism to be funded by SPV. The SPV for the new HIA will be exempted from the payment of property taxes for 10 years of its operations. Registration charges and stamp duty payable on the transfer of land to SPV will also be exempted. The SPV will also be exempted from the payment of service tax and local and State level sales/turnover taxes and other allied levies for the first 10 years of operations.

For the purposes of electric supply, the new Hyderabad International Airport at Shamshabad will be regarded as “essential service”. Only the management of HIA shall have the authority to issue security authorisation for personnel, both Indian and Foreign to enter the security perimeter of the airport. _________________________________ GOAP will in the medium term work towards conversion of the portion of National Highway No.7 between Hyderabad and Shamshabad into a Six Lane Toll Expressway, and will work towards providing a high speed dedicated LRT access GOAP will work towards a luxury medium speed shuttle Rail service between Hyderabad/Secunderabad station and Shamshabad station. Shamshabad station would be renovated and refurbished. HADA_Bk.p65 154 14/10/2003, 4:25 PM

200 syds, 500 syds plots for sale at Turkayamjal Location : Andhra Pradesh » Hyderabad Posted on : 13-May-2009 Suchirindias gold coast project on vijayawada highway 200 syds 2 plots lahari resorts on mumbai highway 500 syds plot in VIP zone in 325 syds villa at Turkayamjal Mobile : 9963141319 [Send Free SMS]

IT Parks Coming up in Hyderabad Park Name === Location = Sq/Ft in Mil. = Status Ashoka Cyber City Cyberabad 1.2 ========= Proposed Divyasree Omega Cyberabad= 0.8 ========= Proposed DLF Cyber City == Gachibowli 4.5 ========= Under Construction Divyasree Arena = Uppal === 3.0 ========= Proposed Mindspace ===== Pocharam 1.0 ========== Proposed Others ========Cyberabad 4.0 ========= Under Construction The upcoming SEZ in and around Hyderabad (5 IT-ITES SEZs, covering appx. 60 hectares) are expected to bring in a mega supply in the future. IT/ITES companies are expected to favour peripheral locations such as Madhapur and Gachibowli. Scope for continuous expansion in these areas with development taking place in a phased manner office space will be continuously made available for the next 6-8 years, facilitating companies to expand. With hardly any land available in the primary areas like Madhapur and Gachibowli a vertical development in form of skyscrapers in expected. Apart from the developments in HITECH city and surroundings there are many other factors that will make Hyderabad a truly global city. The SEZs in the areas in and around Shamshabad and along the the new outer ring road are going to attract investments to the tune of around USD 16 Billion in the next 5-10 years. The state government has been the major factor to propel IT-ITES development in the state, With its host of tax incentives and great policies. With single window clearance - dedicated STPI cell for accelerated software exports and streamlined hardware imports. IT SEZ approved in Hyderabad

Alloted To = Location === Area in Acres Wipro ===== Manikonda ===== 6.0 Raheja ===== Madhapur ==== 36.6 Satyam ==== Madhapur ==== 10.5 Satyam === Bahadurpally === 12.14 AP.Techno Projects Madhapur 10.0 APIIC ===== Nanakramguda = 20.5 CMC ====== Gachi Bowli === 20.5 Sanghi === Sanghi Nagar = = 202.4 Divyasree == Raidurg ====== 15.18 Lanco Mantri Manikonda ==== 11.77 Below is a breakdown of key statistics of all the major cities in India and various factors which drive IT-ITES in the respective cities Major IT/ITES Destination of India. How do they Rank? Measure =========Mumbai == Delhi == Bangalore = Chennai = Hyderabad = Pune IT/ITES Rank ======= 3 ======= 2 ===== 1 ====== 4 ======= 5 ====== 6 Population ========16.36 ==== 12.79 === 5.68 ==== 6.42 ==== 5.75 ==== 3.75 Pop. Growth ====== 3.0% ==== 4.2% === 3.8% ==== 1.8% === 2.8% ==== 5.1% Graduates / Yr ==== 31,361 ===37,870 == 38,130 === 34,204 == 37,288 == 27,095 Employees IT/ITES 2,78,869 = 2,82,708 = 3,41,374 = 1,81,528 = 1,34,894 = 1,29,056 Higher Education Institutes 303 315 ===== 445 ===== 162 ===== 79 ====== 129 IT Firms ======== 124 ===== 224 ===== 185 ===== 104 ===== 106 ====== 58 ITES Firms ======= 61 ===== 145 ====== 67 ======36 ====== 44 ====== 10 IT Growth ======= 60% ===== 60% ===== 30% ==== 60% ==== 60% ===== 80% ITES Growth ===== 60% ===== 60% ===== 50% ==== 50% ==== 50% ===== 40% Infrastructure == Average === Good == Average = Above Average = Good == Average Airport ========= Intl ======= Intl ==== Intl ==== Intl ======= Intl ==== Dom IT Attrition ====== 25% ====== 30% ==== 30% === 20% ====== 30% ==== 22% ITES Attrition ==== 40% ======= 40% === 40% ==== 40% ====== 42% ==== 30% Office Space IT == 33.80 ===== 15.99 ==== 50.35 === 45.76 === 14.43 === 23.27 Office Space ITES = 13.52 ==== 11.99 ==== 40.28 === 36.61 === 11.54 ==== 17.45

Citywise IT Salaries (in Lakh Rupees) Level ===== Mumbai = Delhi === Bangalore = Chennai = Hyderabad = Pune Junior Level 2.7 - 5 == 2.2 - 5 = 2.5-4 ==== 1.8-5 ===== 1.8 ==== 4.2 Medium Level 6-13 == 5-13 === 3-8 ====== 4 - 13 ==== 3-8 === 3-15 Senior Level 12-30 = 12-40 == 1.2-1.8 ==== 15-20 ==== 10-17 == 8-35 Citywise ITES Salaries (in Lakh Rupees) Level ===== Mumbai == Delhi === Bangalore == Chennai = Hyderabad = Pune Junior Level = 2.7 - 5 = 1.2 - 3 === 1.2 - 2.5 = 1.2-3 ==== 1.2-2.5 === 1-2 Medium Level 3.5-8 === 3.8-8 === 2.4-5 ==== 3.5-8 ==== 3-5.5 ===== 4-8 Senior Level >8 ====== >12 ===== 6-15 ===== 1.2-2 ==== 8-17 ==== 8-20

Source: Trammell Crow Meghraj Launches 'MAJOR IT-ITES HUBS IN INDIA A SNAPSHOT'

Babji

March 30th, 2007 03:44 AM

http://i13.tinypic.com/440ey50.jpg `Hyderabad on Mission Tomorrow' Quote:

Hyderabad though ranks 5th as an IT/ITES destination, it has a great potential of being on the top. The Software exports from Hyderabad recorded an amazing 51% growth in 2005-06 well above the national average of 36%. Hyderabad has the third largest resource pool in form of graduating students suitable for IT-ITES. Adding to that it has an abundant supply of Grade A IT-ITES realestate office...

wcgokul Quote:

March 30th, 2007 04:50 AM

Originally Posted by Babji (Post 12411044) http://www.cyberabadtimes.net/2007/s...-factsheet.asp Hyderabad : An IT-ITES Factsheet Skilled workforce, good quality of life and a good physical infrastructure enabling regulatory environment, proactive IT and Business friendly State Government have been the key strengths for IT-ITES development. Hyderabad though ranks 5th (See Statistics below) as an IT/ITES destination, it has a great potential of being on the top. The Software exports from Hyderabad recorded an amazing 51% growth in 2005-06 well above the national average of 36%. Hyderabad has the third largest resource pool in form of graduating students suitable for IT-ITES. Adding to that it has an abundant supply of Grade A IT-ITES realestate office space. IT Parks Coming up in Hyderabad Park Name === Location = Sq/Ft in Mil. = Status Ashoka Cyber City Cyberabad 1.2 ========= Proposed Divyasree Omega Cyberabad= 0.8 ========= Proposed DLF Cyber City == Gachibowli 4.5 ========= Under Construction Divyasree Arena = Uppal === 3.0 ========= Proposed Mindspace ===== Pocharam 1.0 ========== Proposed Others ========Cyberabad 4.0 ========= Under Construction The upcoming SEZ in and around Hyderabad (5 IT-ITES SEZs, covering appx. 60 hectares) are expected to bring in a mega supply in the future. IT/ITES companies are expected to favour peripheral locations such as Madhapur and Gachibowli. Scope for continuous expansion in these areas with development taking place in a phased manner office space will be continuously made available for the next 6-8 years, facilitating companies to expand. With hardly any land available in the primary areas like Madhapur and Gachibowli a vertical development in form of skyscrapers in expected. Apart from the developments in HITECH city and surroundings there are many other factors that will make Hyderabad a truly global city. The SEZs in the areas in and around Shamshabad and along the the new outer ring road are going to attract investments to the tune of around USD 16 Billion in the next 5-10 years. The state government has been the major factor to propel IT-ITES development in the state, With its host of tax incentives and great policies. With single window clearance - dedicated STPI cell for accelerated software exports and streamlined hardware imports. IT SEZ approved in Hyderabad Alloted To = Location === Area in Acres Wipro ===== Manikonda ===== 6.0 Raheja ===== Madhapur ==== 36.6 Satyam ==== Madhapur ==== 10.5 Satyam === Bahadurpally === 12.14 AP.Techno Projects Madhapur 10.0 APIIC ===== Nanakramguda = 20.5 CMC ====== Gachi Bowli === 20.5 Sanghi === Sanghi Nagar = = 202.4

Babji

March 30th, 2007 05:34 AM

Quote:

Originally Posted by goram_vlad (Post 12412338) here's the complete study........interesting to note that AP,KA,TN have 16 approved ITsezs each........ http://chestertonmeghraj.com/downloa...20Snapshot.pdf Very interesting info. Thanks for the link @Goram_vlad.

R2IChennai

March 30th, 2007 07:40 AM

Quote:

Originally Posted by Babji (Post 12412832) Very interesting info. Thanks for the link @Goram_vlad. Yes very interesting and well articulated research report. Interesting to see Hyd comes only 6th in terms of commercial space availability why?

wcgokul

March 30th, 2007 08:02 AM

Quote:

Office Space IT == 33.80 ===== 15.99 ==== 50.35 === 45.76 === 14.43 === 23.27 Office Space ITES = 13.52 ==== 11.99 ==== 40.28 === 36.61 === 11.54 ==== 17.45 Quote:

Interesting to see Hyd comes only 6th in terms of commercial space availability why? there was an article about hyd which said that about 30-40 million sqft of space were being constructed in the city........

ranga

March 30th, 2007 08:35 AM

Quote:

Originally Posted by goram_vlad (Post 12412338) here's the complete study........interesting to note that AP,KA,TN have 16 approved ITsezs each........ http://chestertonmeghraj.com/downloa...20Snapshot.pdf The major investments in Hyderabad are only concentrated in IT/ITES sector. Why no investments in the manufacturing sector coming to Hyderabad? is it due to lack or non availibility of skilled work force In this sector in Hyderabad?

ranga

March 30th, 2007 08:40 AM

Quote:

Originally Posted by goram_vlad (Post 12414160) there was an article about hyd which said that about 30-40 million sqft of space were being constructed in the city........ I am living in hyderabad all thru 365 days leading a retired life going round and round of the city.I have not seen any activity of construction of the magnitude of 3040 million sq ft here. Our Hyderabad forumers can throw better light on this news.

Babji

March 31st, 2007 01:56 AM

URL: http://www.thehindu.com/2007/03/31/s...3121430400.htm Quote:

HUDA to refund 400 cr. to Kokapet bidders Undertaking sought from bidders to avoid repeat auction, says Jayesh Ranjan Fallout of title deed dispute still pending in High Court Golden Mile project invites fierce competitive bidding HYDERABAD: HUDA has decided to refund Rs. 400 crores paid by bidders for the Golden Mile project at Kokapet of Rajendranagar mandal with the title deed dispute still pending in the High Court. The Kokapet auctions taken up in last July by HUDA drew wide attention as several bidders from within and outside the State vied with one another to bag plots in the strategically located Golden Mile. The fiercely competitive bidding for 15 plots in the range of two to six acres totalling 70 acres resulted in HUDA netting Rs.702 crores. The plots were bid for Rs.10 crores per acre on an average while the highest price was Rs.14.5 crores per acre. Even as bidders paid Rs.400 crores as per the stipulated payment schedule, the court ordered a stay following a writ petition disputing the title deed of the land. The petitioner challenged that the Golden Mile area was part of land purchased by their ancestors during Nizam's time. However, HUDA exuded confidence that the case would be solved soon as the land, as recorded in revenue records, belonged to the Government and waited for the court's clearance to launch infrastructure development work. But weeks turned into months with no progress in the case. In the meantime, bidders became restive and urged HUDA to refund the money. They even made a representation to Chief Minister Y.S. Rajasekhara Reddy who promised that the money would be refunded if there was no verdict by February-end. Hence, HUDA decided to refund the money in April in one lot to bidders. However, it would take an undertaking and a bank guarantee for an amount equivalent to earnest money deposit (EMD) from bidders that they would rejoin the project at the old terms and conditions as and when the case was solved, thus ruling out a repeat auction at a later date, HUDA Vice-Chairman Jayesh Ranjan told The Hindu on Friday. As per the conditions, HUDA would spend Rs.50 crores on infrastructure development in the Golden Mile project area where commercial, hotel and residential projects were proposed. Good. this bold step would help rebuild confidence in the minds of future bidders for other sites as well.

Babji

March 31st, 2007 02:07 AM

Quote:

Originally Posted by R2IChennai (Post 12413999) Yes very interesting and well articulated research report. Interesting to see Hyd comes only 6th in terms of commercial space availability why? Most of the times, findings of such articles would only present a broad picture. Plus, there is also a considerable quantum of work-in-progress. And, there are some low-key projects which go unnoticed.

Nevertheless, the figures are very encouraging and inline with our (most of SSC forumers') views/estimates. Rumours are that some builders are targeting their completion time with the ORR phase-1 and HIAL (mid 2008). I am OK with these numbers. Quote:

IT SEZ approved in Hyderabad Alloted To = Location === Area in Acres Wipro ===== Manikonda ===== 6.0 Raheja ===== Madhapur ==== 36.6 Satyam ==== Madhapur ==== 10.5 Satyam === Bahadurpally === 12.14 AP.Techno Projects Madhapur 10.0 APIIC ===== Nanakramguda = 20.5 CMC ====== Gachi Bowli === 20.5 Sanghi === Sanghi Nagar == 202.4 Divyasree == Raidurg ====== 15.18 Lanco Mantri Manikonda ==== 11.77

Babji Some useful tips. Buyers Beware! Cyberabad Times Quote:

March 31st, 2007 02:36 AM

What you see is NOT what you get It's all about dreams. Dream location, dream plot, dream home and dream amenities. Every brochure and every publicity material that real estate promoters hand you out, come laced with oodles of dreams. Pay the advance and run around to arrange the rest. At the end, do you really get what has been promised initially? Not much different are the complaints of some apartment owners. No shelves, no car park, no lift installed, no woodwork attended to, no kitchen platforms and a whole lot of things left just like that. Is the location as picturesque as it was promised? Is there a lush green cover swaying to the breeze? Does tranquillity really reign as was assured or there are chaos enveloping from all around? The property boom and the endeavour to catch the attention of prospective buyers has resulted in some developers and builders coming up with promises galore that eventually are not met with. The cut-throat competition and their eagerness to sell one venture at the earliest and then rush to another has in a way ended up in flooding the market with projects that are hyped beyond reasonable limits. Take the case of R.S. Banerjee who had shifted to the city with family and a little savings from West Bengal. Taken in by the real estate euphoria sweeping the middle class, he too got enticed with publicity material on two ventures which sold plots 'very close to the airport' coming up at Shamshabad. And when he went to check personally, the 'very close' and 'in proximity' actually turned out to be nearly 17 km and 21 km from where the international airport is getting located. Many realise that there is very little they can do when they go to occupy their duplex houses or plots in what is sold as 'well planned layout'. There have been instances of buyers made to take possession of their 'dream dwellings' in a venture where there are no proper roads, no street lights, no electricity and not even a regular water supply. Forget avenue plantations, swimming pools, gymnasiums and children's tot lots! Not much different are the complaints of some apartment owners. No shelves, no car park, no lift installed, no woodwork attended to, no kitchen platforms and a whole lot of things left just like that. "The builder asked me to take possession and promised to get the tiles fixed in the bath and a cooking platform built in the kitchen. It has been more than a year and after futile calls, I spent another Rs.70,000 to get these installed," says Rajeswar Rao, a flat owner at Vivekanandanagar. Builders who are seriously into the business and look for a longer run themselves admit that their industry has been infiltrated by some fly-by-night operators. Then, there are instances of some builders misleading buyers with assurances on having procured all valid permissions from the authorities concerned. Gullible persons landing in trouble after heeding to seller's sweet talk and buying flats or penthouse that are built without permission are many. What is offered as approved layout need not be taken on face value. A visit to the Hyderabad Urban Development Authority (HUDA) will give a clear picture. Building permissions can be checked with local authority, fire safety norms can be taken a close look at and if going in for a flat, then nothing wrong in networking with other buyers while finalising the deal itself.

Babji

March 31st, 2007 03:17 AM

URL: http://www.thehindu.com/2007/03/31/s...3125480300.htm Quote:

Stone laid for Musheerabad-2 bus depot HYDERABAD: A special enforcement wing for the APSRTC will be constituted to keep a check on illicit operations by private transport operators, according to Transport Minister Kanna Lakshmi Narayana. Speaking after laying the foundation stone for Musheerabad-2 bus depot on Friday, he said the wing would comprise 49 Assistant Motor Vehicle Inspectors. Musheerabad -2 depot is one among the eight new bus depots proposed at Hayathnagar, Shamirpet, Bandlaguda, Borabanda, Turkayamjal, Shamshabad and an exclusive Volvo depot near Gowliguda. More depots spread over the city means less idle miles and more fuel efficiency. APSRTC is aiming for more feeder services with shorter plying distances.

Babji

March 31st, 2007 03:56 AM

Rs 1,770-crore proposals under JNNURM Saturday March 31 2007 05:28 IST Newindpress Quote:

HYDERABAD: The State Government has submitted proposals worth Rs 1,770 crore to the Centre for taking up various developmental works in the Old City under the Jawaharlal Nehru National Urban Renewal Mission (JNNURM). Replying to a question of Akbaruddin Owaisi (MIM) and others in the Assembly on Friday, Municipal Administration Minister K Ranga Rao said that as per the proposals, the Central Government, State Government and the Municipal Corporation would contribute Rs 642 crore, Rs 273 crore and Rs 855 crore respectively. As Rs Rs Rs Rs Rs Rs

per the proposals, 55.82 crore have been earmarked for constructing bridges and flyovers, 74.10 crore for improvement of major nalas, 349.50 crore for bus rapid transit system, 901.35 crore for water supply and sewerage works, 47 crore for providing basic amenities for the poor and 16.57 crore for housing.

He said that works worth Rs 325.76 crore have already been sanctioned under JNNURM and another Rs 120.92 crore for works under other schemes. Wow! The new old city would be like history repeating!

arijeetb Quote:

March 31st, 2007 09:34 AM

Originally Posted by Babji (Post 12427179) Most of the times, findings of such articles would only present a broad picture. Plus, there is also a considerable quantum of work-in-progress. And, there are some low-key projects which go unnoticed. Nevertheless, the figures are very encouraging and inline with our (most of SSC forumers') views/estimates. Rumours are that some builders are targeting their completion time with the ORR phase-1 and HIAL (mid 2008). I am OK with these numbers. I believe the area is in hectares and not in acres...

pding

March 31st, 2007 03:45 PM

lot of schemes under JNURM! that's good. the most important thing would be to improve the drainage and nalas system. seriously, everytime there is a major storm, the nalas overflow and the roads are a hell to travel on in those times. this nala infra desperately needs some upgradation to modern levels. and good to see MCH investing in this... also, there are a lot of IT parks currently under construction. i personally know relatives working in the IT industry and they are saying major players like Infosys, Wipro, Satyam, TCS are all on expansion spree in Hyd. and all these have active plans to recruit thousands more uptil 2010 and later as per their expansion strategies. and coming to IT parks by real-estate majors, i don't have any first-hand evidence but a lot of news reports recently have shown that many are currently under execution.

p.raghavendra6

March 31st, 2007 04:39 PM

Quote:

Originally Posted by ranga (Post 12414481) I am living in hyderabad all thru 365 days leading a retired life going round and round of the city.I have not seen any activity of construction of the magnitude of 30-40 million sq ft here. Our Hyderabad forumers can throw better light on this news. ^^ That depends upon which part of city you are living in. coz, the construction activity is going on only few sides of city like Gachi bowli, Mumbai HW , Medchal etc....[:)]

Babji

March 31st, 2007 10:05 PM

URL: http://www.thehindu.com/2007/04/01/s...0112030300.htm Quote:

Padmalaya studio land taken over HYDERABAD: The Government took over 5.5 acres out of the 9.5 acres of land allotted to film actor G. Krishna at Jubilee Hills here to set up Padmalaya film studio after finding prima facie that this part of the land was used for "other purposes" i.e. sale to others. Tehsildar of Shaikhpet G. Venkateswarlu resumed the land after serving a showcause notice on the studio management amid heavy police bandobust. Mr. Krishna is a former Congress MP while his brother G. Adiseshagiri Rao is serving as chairman of the Andhra Pradesh Film, Television & Theatre Development Corporation. The tehsildar said the land was allotted to Pamalaya in 1983 at Rs. 8,500 per acre, with the stipulation that he should use the land "only for development and promotion of film industry" by setting up studio. However, 5.5 acres of land was found to have been sold to two different parties in February 2006...