Act Description : ANDHRA PRADESH LAND GRABBING (PROHIBITION) ACT,

1982

Act Details :

 

ANDHRA PRADESH LAND GRABBING (PROHIBITION) ACT, 1982

 

12 of 1982

 

An Act to prohibit the activity of land grabbing in the State of Andhra Pradesh and to provide for matters connected therewith. Whereas there are organised attempts on the part of certain lawless persons operating individually and in groups, to grab, either by force or by deceit or otherwise, lands (whether belonging to the Government, a local authority, a religious or charitable institution or endowment, including a wakf, or any other private persons) who are known as "land grabbers"., And whereas such land grabbers are forming bogus co operative housing societies or setting up fictitious claims and indulging in large scale and unprecedented and fraudulent sales of lands belonging to the Government, local authority, religious or charitable institutions or endowments including a wakf or private persons, through unscrupulous real estate dealers or otherwise in favour of certain sections of the people resulting in large accumulation of unaccounted wealth and quick money to land grabbers; And Whereas, having regard to the resources and influence of the persons by whom, the large scale on which and the manner in which, the unlawful activity of land grabbing was, has been or is being organised and carried on in violation of law by them, as land grabbers in the State of Andhra Pradesh and particularly in its urban areas it is, necessary to arrest and curb immediately such unlawful activity of land grabbing; And Whereas public order is adversely affected by such unlawful activity of land grabbers. Be it enacted by the

 

Legislature of the State of Andhra Pradesh in the Thirty third Year of the Republic of India as follows

 

Section 1 Short title, extent application and commencement

 

(1) This Act may be called the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982.

 

(2) It extends to the whole of the State of Andhra Pradesh.

 

(3) It applies to all lands situated within the limits of urban agglomeration as defined in clause (n) of Section 2 of the Urban land (Ceiling and Regulation) Act, 1976 and a Municipality.

 

(3A) It applies also to any other lands situated in such areas as the Government may, by notification specify, having due regard to,

 

(4) It shall be deemed to have come into force on the 29th June, 1982.

 

Section 2 Definitions

 

In this Act, unless the context otherwise requires:

(a)[]

 

(b) "Government" means the State Government;

 

(c) "land" includes rights in or over land, benefits to arise out of land, and buildings, structures and other things attached to the earth or permanently fastened to anything attached to the earth;

 

(cc) land belonging to a private person means any land belonging to,

 

(i) an evacuee;

(ii) a military personnel; or

(iii) any other private individual; The value or the extent of which or the nature of the evil involved shall be of substantial nature or in the interest of justice required;

 

(d) "land grabber" means a person or a group of persons who commits land grabbing and includes any person who gives financial aid to any person for taking illegal possession of lands or for construction of unauthorised structures thereon, or who collects or attempts to collect from any occupiers of such lands rent, compensation and other charges by criminal intimidation, or who abets the doing of any of the above mentioned acts; and also includes the successors in interest;

 

(e) "land grabbing" means every activity of grabbing of any land (whether belonging to the Government, a local authority, a religious or charitable institution or endowment, including a wakf, or any other private person) by a person or group of persons, without any lawful entitlement and with a view to illegally taking possession of such lands, or enter into or create illegal tenancies or lease and licence agreements or any other illegal agreements in respect of such lands, or to construct unauthorised structures thereon for sale or hire, or give such lands to any person on rental or lease and licence basis for construction, or use and occupation, of unauthorised structures; and the term "to grab land"

shall be construed accordingly;

 

(f) "notification" means a notification published in the Andhra Pradesh Gazette; and the word "notified" shall be constructed accordingly;

 

(g) "person" includes a group of body of persons, an association, or a religious or charitable institution or endowment, whether incorporated or not;

 

(h) "prescribed" means prescribed by rules made by the Government under this Act;

 

"(i) Schedule means a Schedule appended to this Act;

(i-a) Special Court means a Special Court constituted under Section 7;

(i-b) Special Tribunal means a Court of the District Judge having jurisdiction over the area concerned and includes Chief Judge, City Civil Court, Hyderabad.

 

(j) "unauthorised structures" means any structure constructed, without express permission in writing of the Municipal Commissioner in any Municipal Corporation or Municipality and elsewhere of the authority concerned, or except in accordance with any law for the time being in force in the area concerned.

Section 3 Land grabbing to be unlawful

 

Land grabbing in any form is hereby declared unlawful; and any activity connected with or arising out of land grabbing shall be an offence

punishable under this Act.

Section 4 Prohibition of land grabbing

 

(1) No person shall commit or cause to be committed land grabbing.

 

(2) Any person who, on or after the commencement of this Act, continues to be in occupation, otherwise than as a lawful tenant, of a grabbed land belonging to the Government, local authority, religious or chartiable institution or endowment including a wakf, or other private person, shall be guilty of an offence under this Act.

 

(3) Whoever contravenes the provisions of sub section (1) or sub section (2) shall on conviction, be punished with imprisonment for a term which shall not be less than six months but which may extend to five years, and with fine which may extend to five thousand rupees.

Section 5 Penalty for other offences in connection with land grabbing

 

Whoever, with a view to grabbing land in contravention of the provisions of this Act or in connection with any such land grabbing

(a) sells or allots, or offers or advertises for sale or allotment, or has in his possession for the purpose of sale or allotment any land grabbed;

 

(b) instigates or incites any person to commit land grabbing;

 

(c) uses any land grabbed or causes or permits knowingly to be used for purposes, connected with sale or allotment; or

 

(d) causes or procures or attempts to procure any person to do any of above mentioned acts, shall on conviction, be punished with imprisonment for a term which shall not be less than six months but which may extend five years and with fine which may extend to five thousand rupees.

 

Section 6 Offences by companies

 

(1) If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to the company for the conduct of its business at the time of commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly;

 

Provided that nothing in this sub section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of the such offence.

 

(2) Notwithstanding anything in sub section (1) where any offence under this Act, has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

 

Explanation :- For the purposes of this section,

(a) "company" means any body corporate and includes firm or other association of individuals; and

(b) "director" in relation to a firm, means a partner in the firm.

Section 7 Constitution of Special Courts

 

(1) The Government may, for the purpose of providing speedy enquiry into any alleged act of land grabbing, and trial of cases in respect of the ownership and title to, or lawful possession of, the land grabbed, by notification, constitute a Special Court.

 

(2) A Special Court shall consist of a Chairman and four other members, to be appointed by the Government.

 

(3) The Chairman shall be a person who is or has been a Judge of a High Court and of the other four members, two shall be persons who are District Judges (hereinafter referred to as Judicial Members) and the other two members shall be persons who hold or have held a post not below the rank of a District Collector (hereinafter referred to as Revenue Members);

 

Provided that the appointment of a person who was a Judge of a High Court as the Chairman of the Special Court shall be made after consultation with the Chief Justice of the High Court concerned:

Provided further that where a sitting Judge of a High Court is to be appointed as Chairman, such appointment shall be made after nomination by the Chief Justice of the High Court concerned; with the concurrence of the Chief Justice of India.

 

(4) The Government from time to time likewise reconstitute the Special Court constituted under sub section (1) or may at any time abolish such Special Court.

 

"4-A) The Chairman or other member shall hold office as such for a term of two years from the date on which he enters upon his office, or until the Special court is reconstituted or abolished under sub section (4), whichever is earlier.

 

(4-B)

 

(a) Subject to the other provisions of this Act, the jurisdiction, powers and authority of the Special Court may be exercised by benches thereof one comprising of the Chairman, a judicial member and a Revenue member and the other comprising of a Judicial Member and a Revenue Member.

(b) Where the bench comprises of the Chairman, he shall be Presiding Officer of such a bench and where the bench consists of two members, the Judicial member shall be the Presiding Officer.

(c) It shall be competent for the Chairman either suo motu or on a reference made to him to withdraw any case pending before the bench comprising of two members and dispose of the same or to transfer any case from one bench to another bench in the interest of justice.

(d) Where it is reasonably apprehended that the trial of Civil liability of a person accused of an offence under this Act, is likely to take considerable time, it shall be competent for the Chairman to entrust the trial of the criminal liability of such offender to another bench in the interest of speedy disposal of the case.

(e) Where a case under this Act is heard by a bench consisting of two members and the members thereof are divided in opinion, the case with their opinions shall be laid before another judicial member or the Chairman and that member or chairman, as the case may be after such

hearing as the thinks fit, shall deliver his opinion and the decision or order shall follow that opinion.

 

(5) The quorum to constitute a meeting of any bench of the Special Court shall be two.

 

(5-A) The Special Court may, by notification, make regulations not inconsistent with the provisions of this Act or the rules made thereunder relating to the procedure to be followed for the conduct of the cases and for regulating the manner of taking decisions.

 

(5-B) The Special Court may cause a public notice of the substance of such regulations for the information of the general public.

 

(5-C) Every regulation made under this section shall, immediately after it is made, be laid before the Legislative Assembly of the State if it is in session, and if it is not in session in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modifications in the regulation or in the annulment of the regulation the regulation shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled, as the case may be; so however that any such modification or annulments shall be without prejudice to the validity of anything previously done under that regulation.

 

(5-D)

 

(i) Notwithstanding anything in the Code of Civil Procedure 1908, the Special Court may follow its own procedure which shall not be

inconsistent with the principles of natural justice and fair play and subject to the other provisions of this Act and of any rules made thereunder while deciding the Civil liability.

(ii) Notwithstanding anything contained in Section 260 or Section 262 of the Code of Criminal Procedure, 1973, every offence punishable under this Act shall be tried in a summary way and the provisions of Sections 263 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial.

(iii) When a person is convicted of an offence of land grabbing attended by criminal force or show of force or by criminal intimidation , and it appears to the Special Court that, by such force or show of force or intimidation the land of any person has been grabbed, the Special court may if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property.

 

(6) No act or proceeding of the Special Court shall be deemed to be invalid by reason only of the existence of any vacancy among its members or any defect in the constitution or re constitution thereof.

Section 7A Special Tribunals and its powers, etc.

 

(1) Every Special Tribunal shall have power to try all cases not taken cognizance of by the Special Court relating to any alleged act of land grabbing, or with respect to the ownership and title to, or lawful possession of the land grabbed whether before or after the commencement of the Andhra Pradesh Land Grabbing (Prohibition) (Amendment) Act, 1987 and brought before it and pass such orders (including orders by way of interim directions) as it deems fit:

 

Provided that if, in the opinion of the Special Tribunal, any case brought before it is prima facie frivolous, or vexatious it shall reject the same without any further enquiry:

Provided further that if in the opinion of the Special Tribunal any case brought before it is a fit case to be tried by the Special Court it may for reasons to be recorded by it transfer the case to the Special Court for its decision in the matter.

 

(2) Save as otherwise provided in this Act, a Special Tribunal shall, in the trial of cases before it, follow the procedure prescribed in the Code of Civil Procedure, 1908.

 

(3) An appeal shall lie, from any judgment or order not being interlocutory order of the Special Tribunal, to the Special Court on any question of law or fact. Every appeal under this sub section shall be preferred within a period of sixty days from the date of Judgment or order of the Special Tribunal:

 

Provided that the Special Court may entertain an appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of sixty days.

 

(4) Every finding of the Special Tribunal with regard to any alleged act of land grabbing shall be conclusive proof of the fact of land grabbing, and of the persons who committed such land grabbing and every judgment of the Special Tribunal with ragard to the determination of the title and ownership to, or lawful possession of, any land grabbed shall be binding on all persons having interest in such land:

 

Provided that the Special Tribunal shall by notification specify the fact of taking cognizance of the case under this Act. Such notification shall state that any objection which may be received by the Special Tribunal from any person including the custodian of evacuee property within the period specified therein will be considered by it;

Provided further that where the custodian of evacuee property objects

to the Special Tribunal taking cognizance of the case, the Special Tribunal shall not proceed further with the case in regard to such property;

Provided also that the Special Tribunal shall cause a notice of taking cognizance of the case under the Act served on any person known or believed to be interested in the land, after a summary enquiry to satisfy itself about the persons likely to be interested in the land.

 

(5) It shall be lawful for the Special Tribunal to pass an order in any case decided by it, awarding compensation in terms of money for wrongful possession, which shall not be less than an amount equivalent to the market value of the land grabbed as on the date of the order and profits accrued from the land payable by the land grabber to the owner of the grabbed land and may direct the re delivery of the grabbed land to its rightful owner. The amount of compensation and profits so awarded and cost of re delivery, if any, shall be recovered as an arrear of land revenue if the Government are the owner or as a decree of a Civil Court,in any other case:

 

Provided that the Special Tribunal shall, before passing an order under this sub section, give to the land grabber an opportunity of making his representation or of adducing evidence if any, in this regard and consider every such representation and evidence.

 

(6) Any case, pending before any Court or other authority immediately before the commencement of the Andhra Pradesh Land Grabbing (Prohibition) (Amendment) Act, 1987 as would have been within the jurisdiction of a Special Tribunal, shall stand transferred to the Special Tribunal, having jurisdiction, as if the cause of action on which such suit or proceeding is based has arisen after such commencement.

 

(7) Every case brought before the Special Tribunal shall be disposed of finally by the Special Tribunal, as far as possible, within a period of six months from the date of its having been brought before it.

 

(8) The Special Tribunal shall, have all the powers of a Civil Court for purpose of review.

Section 8 Procedure and powers of the Special Courts

 

(1) The Special Court may, either suo motu , or on application made by any person, officer or authority take cognizance of and try every case arising out of any alleged act of land grabbing or with respect to the ownership and title to, or lawful possession of, the land grabbed, whether before or after the commencement of this Act, and pass such orders (including orders by way of interim directions) as it deems fit;

 

(1-A) The Special Court shall, for the purpose of taking cognizance of the case, consider the location, or extent or value of the land alleged to have been grabbed or of the substantial nature of the evil involved or in the interest of justice required or any other relevant matter:

 

Provided that the Special Court shall not take cognizance of any such case without hearing the petitioner.;

 

(2) Notwithstanding anything in the Code of Civil Procedure, 1908 the Code of Criminal Procedure, 1973 or in the Andhra Pradesh Civil Courts Act, 1972, any case in respect of an alleged act of land grabbing or the determination of question of title and ownership to, or lawful possession of any land grabbed under this Act, shall subject to the provisions of this Act be triable in Special Court; and the decision of the Special Court shall be final.

 

(2-A) If the Special Court is of the opinion that any case brought before it, is not a fit case to be taken cognizance of, it may return the same for

presentation before the Special Tribunal:

 

Provided that if,in the opinion of the Special Court, any application filed before it is prima facie frivolous of vexatious, it shall reject the same without any further enquiry:

Provided further that if on an application from an interested person to withdraw and try a case pending before any Special Tribunal the Special Court is of the opinion that it is a fit case to be withdrawn and tried by it, may for reasons to be recorded in writing withdraw any such case from such Special Tribunal and shall deal with it as if the case was originally instituted before the Special Court.

 

(2-B) Notwithstanding anything in the Code of Criminal Procedure, 1973, it shall be lawful for the Special Court to try all offences punishable under this Act.

 

(2-C) The Special Court shall determine the order in which the civil and criminal liability against a land grabber be initiated. It shall be within the discretion of the Special Court whether or not to deliver its decision, or order until both civil and criminal proceedings are completed. The evidence admitted during the criminal proceeding may be made use of while trying the civil liability. But additional evidence, if any, adduced in the civil proceedings shall not be considered by the Special Court while determining the criminal liability. Any person accused of land grabbing or the abetment thereof before the Special Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charge made against him or any person charged together with him in the criminal proceeding:

 

Provided that he shall not be called as a witness except on his own request in writing or his failure to give evidence shall be made the subject of any comment by any of the parties or the special court or give rise to any presumption against himself or any person charged together with him at the same proceeding,";

 

(3)[]

 

(4) Every case under sub section (1) shall be disposed of finally by the Special Court, as far as possible, within a period of six months from the date of institution of the case before it.

 

(5)[]

 

(6) Every finding of the Special Court with regard to any alleged act of land grabbing shall be conclusive proof of the fact of land grabbing and of the persons who committed such land grabbing, and every judgment of the Special Court with regard to the determination of title and ownership to, or lawful possession of, any land grabbed shall be binding on all persons having interest in such land.

 

Provided that the Special Court shall, by notification specify the fact of taking cognizance of the case under this Act. Such notification shall state that any objection which may be received by the Special Court from any person including the custodian of evacuee property within the period specified therein will be considered by it;

Provided further that where the custodian of evacuee property objects to the special Court taking cognizance of the case, the Special Court shall not proceed further with the case in regard to such property;

Provided also that the Special Court shall cause a notice of taking cognizance of the case under the Act, served on any person known or believed to be interested in the land, after a summary enquiry to satisfy itself about the persons likely to be interested in the land.

 

(7) It shall be lawful for the Special Court to pass such order as it may deem fit to advance the cause of justice. It may award compensation in

terms of money for wrongful possession of the land grabbed which shall not be less than an amount equivalent to the market value of the land grabbed as on the date of the order and profits accrued from the land payable by the land grabber to the owner of the grabbed land and may direct re delivery of the grabbed land to its rightful owner. The amount of compensation and profits, so awarded and costs of re delivery, if any, shall be recovered as an arrear of land revenue in case the Government is the owner, or as a decree of a Civil Court, in any other case to be executed by the Special Court:

 

Provided that the Special Court shall, before passing an order under this sub section give to the land grabber an opportunity of making his representation or of adducing evidence, if any, in this regard, and consider every such representation and evidence.

 

(8) Any case, pending before any court or other authority immediately before the constitution of a Special Court, as would have been within the jurisdiction of such Special Court, shall stand transferred to the Special Court as if the cause of action on which such suit or proceeding is based had arisen after the constitution of the Special Court.

Section 9 Special Court to have the powers of the Civil Court and the Court of Session

 

Save as expressly provided in this Act, the provisions of the Code of Civil Procedure, 1908, the Andhra Pradesh Civil Courts Act, 1972 and the Code of Criminal Procedure, 1973, in so for as they are not inconsistent with the provisions of this Act, shall apply to the proceedings before the Special Court and for the purposes of the provisions of the said enactments, Special Court shall be deemed to be a Civil Court, or as the case may be, a Court of session and shall have the powers of a Civil Court and a Court of session and the person conducting a prosecution before the Special Court shall be deemed to be a Public Prosecutor.

 

Section 10 Burden of proof

 

Where in any proceedings under this Act, a land is alleged to have been grabbed, and such land is prima facie proved to be the land owned by the Government or by a private person the Special Court or as the case may be, the Special Tribunal shall presume that the person who is alleged to have grabbed the land is a land grabber and the burden of proving that the land has not been grabbed by him shall be on such person.

Section 10A Staff of the Special Court

 

(1) The Chairman of the Special Court may appoint officers and other employees required to assist the Special Court in the discharge of its functions under this Act.

 

(2) The categories of officers and employees who may be appointed under sub section (1), their salaries, allowances and other conditions of service and the administrative powers of the Chairman of the Special Court shall be such as may be prescribed, after consultation with the Chairman.

 

Section 11 Power to try offences

 

Notwithstanding anything in the Code of Criminal Procedure, 1973, every offence punishable under this Act shall be tried by a magistrate of the first class specially empowered by the Government in this behalf.

Section 12 Sanction for prosecution of offence under the

Act

 

No Court other than the Special Court shall take cognizance of an offence punishable under this Act, except with the previous sanction of the Special Tribunal which sanction shall be accorded having regard to the circumstances of each case.

 

Section 13 Persons acting under the Act to be public servants

 

Any person acting under this Act shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.

Section 14 Protection of persons acting in good faith

 

No suit, prosecution of other legal proceeding shall be against any officer or employee of the Special Court or any officer of the Government for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.

Section 15 Act to override other laws

 

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or custom, usage or agreement or decree or order of a court or any other tribunal or authority.

Section 16 Power to make rules

 

(1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.

 

(2) Every rule made under this section shall, immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in session, in the session immediately following, for a total period of fourteen days which may be comprised in one session, or in two successive sessions and if before the expiration of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effect only in such modified form or shall stand annulled, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previous done under that rule.

Section 17 Prohibition of alienation of lands grabbed

 

Any transaction relating to an alienation of a land grabbed or any part thereof by way of sale, lease, gift, exchange, settlement, surrender, usufructuary mortgage or otherwise, or any partition effected or a trust created in respect of such land, which has taken place whether before or after the commencement of this Act shall, except to the extent ordered by the Special Court, or Special Tribunal be null and void.

Section 17A Review

 

The Special Court may in order to prevent the miscarriage of justice review its judgment or order passed under Section 8 but no such review shall be entertained except on the ground that it was passed under a

mistake of fact, ignorance of any material fact or an error apparent on the face of the record;

Provided that it shall be lawful for the Special Court to admit or reject review petitions in circulation without hearing the petitioner:

 

Provided further that the Special Court shall not allow any review petition and set aside it previous order or judgment without hearing the parties affected.

Section 17B "Guidelines for interpretation of Act

 

The Schedule shall constitute the guidelines for the interpretation and implementation of this Act.

Section Repeal of Ordinance 9 of 1982 "Guidelines for interpretation of Act

 

SCHEDULE 1

 

THE SCHEDULE The Statement of Objects and Reasons to the Andhra Pradesh Land Grabbing (Prohibition) Bill 1982. It has come to the notice of the Government that there are organised attempts on the part of certain lawless persons operating individually and in groups to grab either by force or by deceit or otherwise lands belonging to the Government, a local authority, a religious or charitable institution or endowment, including a wakf or any other private person. The land grabbers are forming bogus co operative housing societies or setting up fictious claims and indulging in large scale and unprecedented and fraudulent sales of land through unscrupulous real estate dealer or otherwise in favour of certain section of people, resulting in large scale accumulation of the unaccounted wealth. As public order is also

adversely affected thereby now and then by such unlawful activities of land grabbers in the State, particularly in respect of urban and urbanisable lands, it was felt necessary to arrest and curb such unlawful activities immediately by enacting a special law in that regard. As the State Legislature was not then in session and as it was considered necessary to give effect to the above decision immediately the Andhra Pradesh Land Grabbing (Prohibition) Ordinance, 1982 was promulgated by the Governor on the 29th June, 1982. The bill seeks to replace the said Ordinance. The Statement of Objects and Reasons to the Andhra Pradesh Land Grabbing (Prohibition) (Amendment) Bill, 1987 Law delays is an undeniable fact. Matters pending in Civil and Criminal Courts take frustratingly long periods to reach finality. Matters pending in Civil Courts are delayed notoriously for long periods, even criminal cases taking long periods for disposal. The observations of Hon ble Sri Y.V. Chandrachud, Chief Justice, Supreme Court of India, In re. The Special Courts Bill, 1978 (quoted in the foot note appended below) highlight the reality. In urban areas due to pressure on land, prices have been constantly soaring high, and taking advantage of this phenomenon, unscrupulous and resourceful persons backed by wealth and following occupied without any semblance of right, vast extents of land belonging to the Government, Local authorities, Wakfs, and Charitable and Religious Endowments and evacuees and private persons. In several cases such illegal occupations were notified in respect of lands belonging to private individuals who are not in a position to effectively defend their possession. In many cases this is being done by organised groups loosely called "Mafia" a distinct class of economic offenders, operating in the cities of Andhra Pradesh. Unless all such cases of land grabbing are immediately detected and dealt sternly and swiflly by specially devised adjudicating forums the evil cannot subside and social injustice will continue to be perpetrated with impunity. If civil and criminal actions are dealt by two separate forums, the desired objective cannot be achieved due to procedural delays.

 

In every case of land grabbing the person responsible is liable in tort and also for criminal action. To remedy this means it is felt that a Special Court should be constituted with jurisdiction to determine both civil and criminal liabilities and also award sentences of imprisonment and fine in order to advance the cause of justice in the same proceeding without being driven to duplication of litigation, of course taking care of procedural fairness and natural justice. The Special Court which consists of the serving or retired Judge of a High Court, District seving or retired Judges and serving or retired Civil servants not below the rank of a

District Collector will entertain only such cases in which the magnitude of the evil needs immediate eradication. Such court will avoid duplication and further the cause of justice, since under existing law, evidence given in a Civil Court cannot automatically be relied upon in a criminal proceeding. A high powered body like the Special Court, by the very nature of its composition will be the best safeguard to guard against possible miscarriage of justice due to non application of the existing Procedural law for determination of both civil and criminal liability. The Special Court, in exercise of its judicial discretion, will decide what type of cases of alleged land grabbing it should entertain, the guidelines being the extent or the value or the location or other like circumstances of the land alleged to have been grabbed. In respect of matters in which the Special Court is not inclined to proceed with, the District Judge exercising jurisdiction over the area will constitute the Special Tribunal. The Special Tribunal shall have to follow the procedural law strictly and its jurisdiction is limited only to adjudicating civil liability. With a view to achieving the aforesaid objective, it has been decided to amend the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 by undertaking suitable legislation. As the Legislative Assembly of the State was not then in session and as it was considered necessary to give effect to the above decision immediately the Andhra Pradesh Land Grabbing (Prohibition) (Amendment) Ordinance, 1986 was promulgated by the Governor on the 16th September, 1986. This Bill seeks to replace the said Ordinance.

APPENDIX 1

 

APPENDIX Observations of Sri Y.V. Chandrachud, Chief Justice of the Supreme Court of India, in In Re. The Special Courts Bill, 1978: (1979 I SCC 380 at 429) " The congestion in courts, the mounting arrears and the easy and unconcerned dilatoriness which characterise the routine trials in our courts are well known facts of contemporary life. They are too glaring to permit of disputation. Seminars and, symposiums are anxiously occupied in finding ways and means to solve what seems to be an intractable and frustrating problem". NOTES ON CLAUSES Clause 2:- Sub section (3) of Section 1 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 provides for the application of the Act to all lands situated within the limits of a Municipal Corporation or Municipality and to any other land situated in such other areas as the Government may, notify. The areas comprised within a Municipal Corporation or

Municipality are limited. Due to heavy influx of people from rural areas into urban areas, the value of lands beyond the limits of Municipal Corporations and Municipalities has escalated enormously with the result it was felt that the area of the operation of the Act should be extended to all the urban agglomerations as defined in the Urban Land (Ceiling and Regulation) Act, 1976 and also to such other land having regard to urbanisable nature of the land. It was noticed that cases of land grabbing have been in the increase mainly in the urban agglomerations. Hence, this clause provides for application of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 to the lands situated within the limits of the urban agglomerations in the State and also such other lands situated in such other areas as the Government may, having due regard to the urbanisable nature of land by notification apply. Clause 3:- Land belonging to private persons. Under Section 9, the competent authority was entrusted with the work of implementing the decisions of the Special Court. The Special Court is now empowered to record convictions and award sentences and execute its orders. In view of this the definition of competent authority is omitted. Section 4 of the principal act, prohibits, among other things, grabbing of land belonging to private persons. The scope "Land belonging to Private Person" it was felt, should be specified so that the lands belonging to certain clauses of persons, namely, evacuees, military personnel and any other private individual also may be brought within the purview of that definition. Special Court: Originally the District Judge having jurisdiction over the area concerned was also included as a Special Court where there is no Special Court constituted under Section 7 of the principal Act. It is felt that the Special Court should be a high powered presided over by a serving or retired High Court Judge and other members being two District Judges and two persons who hold or have held a post not below the rank of a District Collector. Accordingly, it is now proposed to constitute only one Special Court. The term "Special Court" is now suitably modified. Special Tribunal:- The term "Special Tribunal" was not defined in the principal Act. Originally the intention was that where Special Court was not constituted, the District Judge having jurisdiction over the area will function as Special Court. In view of the decision taken now to have a special Court presided over by a High Court, it was felt that the Special Court should not be burdened with all cases of land grabbing and that there should be another separate forum called "Special Tribunal" to deal with the cases not taken cognizance of by the Special Court. The District Judge having jurisdiction over the area will constitute the Special Tribunal. Clause 4:- As it was decided to have only one Special Court presided over by a retired Judge of the Supreme court or a retired Chief Justice of a High Court, it is necessary to dispense with the constitution of more than one Special Court.

Accordingly sub section (1) of Section 7 of the principal Act which envisages constitution of more than one Court is suitably amended. Sub section (2) of Sec. 7 has been suitably modified providing for constitution of the Special Court consisting of Chairman and four other members. The Special Court because of the very nature of its composition, is empowered to regulate its proceedings of the Act or rules to be made thereunder. Provision is made that two members shall form the quorum for any bench of the Special Court and that at any sitting of any bench of the Special Court, either the Chairman or the judicial member shall preside. This will ensure decisions being taken in a just and fair manner and there will not be any miscarriage of justice. The regulations made by the Special Court are required to be notified in the Gazette and the substance thereof will have to be exhibited by way of public notice for the information of the general public and this ensures openness in procedural matters. The Special Court is allowed to evolve its own procedure untramelled by the existing procedural laws in order to ensure that it determines both civil and criminal liability in the same proceedings expeditiously. The Procedure evolved by the Special Court should be consistent with the principles of natural justice and fair play and this is the best safeguard against arbitrariness. In sub section (1) of Section 7 of the principal Act, it is provided that the Government may constitute as many Special Courts as may be necessary. But as already stated in the Statement of Objects and Reasons it was decided to constitute only one Special Court invested with jurisdiction both civil and criminal to deal with important cases of land grabbing. However, in cases where the Special Court does not entertain a petition on its being satisfied that it is not a fit case to be taken up, it is open to the petitioner to present the same before the Special Tribunal. The intention in creating one Special Court is that all cases of public importance should go before the Special Court, other cases of less importance may be referred to the Special Tribunal. The Special court is empowered to make regulations not inconsistent with the provisions of the Act or rules made thereunder for conducting the cases and regulating the manner of taking decisions. The regulations so made are required to be laid before the legislative Assembly and same are liable to be modified or annulled in the said Assembly. In order to strengthen the powers of the Special Court it is provided that a Special Court may follow its own procedure which shall not be inconsistent with the principles of natural justice and fair play in the trial of the cases and for recording convictions and awarding sentences and execution of its orders. As the Special Court has to follow its own procedure consistent with principles of natural justice and fair play, the provisions in the Code of Civil Procedure, 1908, are not made applicable to it. However, while deciding the criminal liability, the offences punishable under the Act shall be tried in a

summary way and the provisions in Sections 263 to 265 of the Code of Criminal Procedure, 1973 as far as may be, shall apply to such trial. If for any reason, the Special Tribunal comes to the conclusion that a particular case is a fit case to be tried by the Special Court, it may transfer the same to the Special Court. The term of office of the Chairman and other members is fixed at two years. Further the Special Court is also empowered to exercise its powers and authority through benches, the constitution of which has been specified. The Chairman is empowered to transfer cases from one bench to another. Clause 5:- The Special Tribunal is empowered to take cognizance of cases not seized of by the Special Court. In order to avoid vexatious or frivolous litigation, the Special Tribunal is empowered to reject any case without any further enquiry if, Prima Facie it is of the opinion that the case is frivolous or vexatious. If any case, in the opinion of the Special Tribunal, is fit to be tried by the Special Court, the former may transfer the same recording the reasons, to the Special Court for decision. As the District Judge, exercising jurisdiction over the area shall constitute the Special Tribunal, it was felt desirable that the procedural law contained in the Code of Civil Procedure, 1908 should be followed in the trial of cases. For the same reason the Special Tribunal is not invested with simultaneous jurisdiction to determine civil and criminal liability. Its jurisdiction is exclusively limited to decide civil nature of the liability. The appellate authority over the decisions of the Special Tribunal is the Special Court and an appeal shall lie on questions of Law and fact against the judgment and orders not being interlocutory orders of the Special Tribunal. As regards the binding nature of the decision of the Special Tribunal, the reasoning mentioned for conferring such a power on the Special Court fully applies to the Special Tribunal also. In order to advance the cause of justice, the Special Tribunal is empowered to mould the relief. It can award not only compensation it terms of money but also award profits accrued from the land and direct restoration of land to the rightful owner. In case compensation and profits are awarded to the Government, in order to ensure quick recovery the provisions of Revenue Recovery Act are made applicable. In other cases, where the decree holder, is not the Government the decree of the Special Tribunal will have to be executed like any other decree passed by a Civil Court. As a necessary consequence of the constitution of the Special forums for adjudicating the disputes relating to alleged acts of land grabbing, all cases pending in the Civil Courts will naturally have to go before them. The Special court, by reason of its composition, cannot be burdened with all the cases. It is, therefore, felt desirable that all such cases should stand transferred to the Special Tribunal exercising jurisdiction over the area and the Special Tribunal is empowered to transfer for reasons to be recorded by it any case for decision to the

Special Court. In order to avoid delay in the disposal, it has been decided to fix a time limit of six months and as far as possible, within his period, the Special Tribunal shall dispose of finally every case brought before it. As the District Court is the Special Tribunal, it is conferred with the power of review like any other Civil Court exercising powers under the Code of Civil Procedure. Clause 6:- Guidelines have been specified to enable the Special Court to take cognizance of any case, the guidelines being the location extent or value of the land alleged to have been grabbed or of the substantial nature of the evil involved or in the interest of the justice required or any other relevant matter. In the absence of these guidelines, the Special Court will not be in a position to choose the type of case to be dealt with by it. A procedural safeguard is also incorporated to the effect that before taking cognizance of any case the Special Court shall hear the petitioner. This will enable the petitioner to satisfy the Special Court with reference to the guidelines, if there is material, that the case is a fit case to be dealt by the Special Court. As it was decided to confer wide jurisdiction on the Special Court to try and determine in the same proceedings, civil and criminal liability, it became necessary to incorporate the non obstante clause to the effect that notwithstanding anything contained in the Code of Civil Procedure, 1908. Code of Criminal Procedure, 1973 and the Andhra Pradesh Civil Courts Act, 1972, the Special Court shall have the aforesaid jurisdiction. Having regard to the guidelines specified and after considering the submissions of the petitioner if the Special Court is of the opinion that any case brought before it is not fit to be dealt by it, it may return the same for presentation before the Special Tribunal. This will lighten the burden of the Special Court, otherwise it will be flooded with large number of cases. In order to per empt vexatious or frivolous litigation, power is conferred on the Special Court to reject any application filed before it without any further enquiry if in its opinion prima faice, such an application is frivolous or vexatious. Cases which are either instituted before the Special Tribunal or stand transferred to it under sub section (6) of Section 7 A may be of such an important nature falling within the scope of the guidelines specified for determination of cases by the Special Court. All such cases may escape the attention of the Special Court. In such a contingency in the absence of adequate power being conferred on the Special Court to withdraw such cases from the file of the Special Tribunal to its file, justice will not be advanced, unless the Special Court is empowered to withdraw cases from the Special Tribunals. When a Special Court was conceived of as a single forum for the determination of both civil and criminal liability, it must be empowered to try all cases under the Act notwithstanding anything contained in the Code of Criminal Procedure, 1973. Hence, a nonobstante clause has been incorporated to enable the Special Court

to try offences. As a consequence of conferment of the aforesaid power on the Special Court, the power to make regulations evolving its own procedure and also having regard to its power to make regulations evolving its own procedure not inconstant with the principles of natural justice and fair play, sub sections (3) and (5) of Section 8 of the principal Act have been omitted. As the Special Court is invested with both civil and criminal powers, it shall determine the order in which they shall be taken up and it is within its discretion to decide whether the judgment should not be delivered until both the civil and criminal proceedings are completed. It is also provided that the evidence admitted during the criminal proceedings may be made use of while trying the civil liability and additional evidence, if any, adduced in the civil proceedings shall not be considered Special Court while determining the Criminal liability. The land grabbers being highly sophisticated economic offenders, rich and resourceful will naturally adopt all means and techniques to escape the liability. It is common knowledge that one of the wellknown methods of defeating the just claims of a decree holder is by setting up third parties in a fresh litigation alleging that the third parties were not parties to the earlier proceedings and so they were not bound by the decree. To surmount this, it was felt necessary that a notification should be issued by the Special Court specifying the factum of taking cognizance of any case under the Act so that the said notification may serve as notice to all the persons interested in the litigation and if they do not come forward within the time specified to file their objections, the finding of the Special Court will become conclusive proof regarding the fact of the land grabbing. The custodian of the evacuee property also may object to the exercising of the jurisdiction by the special court in which case the Special Court will not proceed further in so far as evacuee property is concerned. Advancement of the cause of justice is the foundation of the actions for the Special Court. Keeping this in view, it is provided that the Special Court may award compensation in respect of wrongful possession of the land held to have been grabbed and also profits accrued from such land and the liability to make payment will be on the land grabber. The Special Court also have power to direct redelivery of the grabbed land to the rightful owner. In order to ensure swift implementation of the orders and decisions of the Special Court, it is provided that the amount of compensation and profits and the cost of redelivery shall be recovered as areas of land revenue, in case, the Government is held to be the owner and in other cases, they will be executed as a decree of civil court. The Special Court itself is empowered to execute the decree passed and orders made by it. In consonance with the principles of natural justice it is provided that before an order is passed by the Special Court directing the land grabber to pay compensation and other costs, he is given an

opportunity to make representation. Clause 7:- The very nature of the composition of the Special court should not give any scope to any party to circumvent its decisions and orders and defeat, the just claims of the persons in whose favour the orders or decisions are given. To ensure this, it is felt that civil and criminal powers should be conferred on the Special Court. This clause substitutes new Sections 9,10 and 10 A in place of the present Sections 9 and 10. It is intended to reduce the rigour of burden of proof under the existing Section 10 and shifts the burden of proof on the alleged land grabber only where there is prima faice proof that the land belongs to Government. New Section 10-A is being inserted by this clause. This provision empowers the Chairman of the Special Court to appoint officers and other employees required to assist it in the discharge of its functions under this Act. It is provided that the rules may be made after consulting the Chairman of the Special Court in respect of salaries, allowances and other conditions and the administrative powers of the Chairman. Clause 11:- This clause inserts new Sections 17-A and 17-B Section 17-A confers power of review on the Special Court. Section 17-B relates to the statement of purpose. The statement of Object and Reasons and the notes on clauses reflect the Legislative intention and the purpose for which the legislation is embarked upon. Without referring to the Statement of Objects and Reasons and the Notes on Clauses, any judicial interpretation of any of the provisions of the Act will not reflect the legislative intention precisely. Taking this into account it is felt that the Statement of objects and Reasons and the notes on clauses should constitute guidelines for the interpretation and the implementation of the Act. In order to enable the Special Court to render complete justice uninhibited by technicalities, wide power of review has been conferred on it. It is felt that the existing provision in the Code of Civil Procedure, 1808 relating to power of review are not wide enough to prevent possible miscarriage of justice. With a view to preventing making review applications, a routine procedure and allowing advocate to re argue the very same questions of fact and law, it is considered that the Special Court should be empowered to admit or reject review petitions in circulation without hearing the petitioners. But when once a review petition is admitted, the affected parties will have to be heard before a final decision is taken by the Special Court.

 

RULE: 

ANDHRA PRADESH LAND GRABBING (PROHIBITION) RULES, 1988

 

In exercise of the powers conferred by sub section (1) of Section 16 of the Andhra Pradesh land Grabbing (Prohibition) Act, 1982 (Act 12 of 1982) and in supersession of the rules issued in G.O.Ms.No. 967, Revenue (L) Department date 5th July, 1982 and published at pages 1 9 of Part 1 Extraordinary of the Andhra Pradesh Gazette dated the 5th July, 1982, the Governor of Andhra Pradesh hereby makes the following rules:

 

Rule 1 Short Title and Commencement

 

These rules may be called the Andhra Pradesh Land Grabbing (Prohibition) Rules, 1988.

 

Rule 2 Definitions

 

In these rules, unless, the context otherwise requires.

(a) Act means Andhra Pradesh Land Grabbing (Prohibition) Act, 1982.

 

(b) Court means the Special Court constituted under Section 7 of the Act and includes the Special Tribunal as defined under clause (i b) of Section 2 of the Act;

 

(c) Form means, a form appended to these rules:

 

(d) Mandal Revenue Officer means, a Mandal Revenue officer holding the charge of a Revenue Mandal;

 

(e) Revenue Inspector means, Revenue Inspector holding the charge of a Revenue Inspector post in a Revenue Mandal, and includes a Special Revenue Inspector appointed by the District Collector for purpose of these rules;

 

(f) Revenue Divisional Officer means, a Deputy Collector, a Sub Collector or an Assistant Collector, incharge of a Revenue Division;

 

(g) Registrar means, Registrar of the Special Court.

 

(h) Village means, Revenue Village

 

(i) Tribunal means, the Special Tribunal as defined in Section 2 (i-b) of the Act.

Rule 3 Procedure for making Application

 

(1) Every application to be made before the Special Court under sub section (1) of Section 8 or before the Special Tribunal under sub section (1) of Section (7-A) of the Act, shall be in Form I and shall be signed and verified by the applicant.

 

(2) Every application under sub rule (1) shall be made in respect of the lands specified in sub section (3) of Section 1 or in respect of lands

situated in other areas notified under sub section (38-A) thereof,

 

(3) Every such application shall be presented in person or by an authorised agent or an advocate to such Officer of the Court as may be authorised in this behalf by the Chairman of the Special Court or the Presiding Officer of the Special Tribunal.

 

(4) Every such application shall contain statement in a concise form of the material facts of the claim made therein and shall be accompanied by true copies of all the documents duly attested on which the applicant proposes or is likely to rely. The petitioner shall file copies in the Court to be verified by the Mandal Revenue Officer or by the Officer authorised by the Court in this behalf and as many copies as are required for service on all the respondents.

Rule 4 Court Fees

 

{. :- Every application filed before the Special Court or the Special Tribunal and also appeals and reviews filed before the Special Court shall be accompanied by a Court fee as specified below:-

Rule 5 Procedure of suo motu Action

 

Where a Chairman or any member of the Special Court desires that any case should be taken cognizance of suo motu , he may record a statement of facts within his knowledge and place it before the Special Court.

Rule 6 Verification of Application

 

(1) Every application filed under sub section (1) of Section 8 of the Act or every case taken cognizance of suo motu by the Special Court or an application filed under sub section (1) Section 7 A of the Act, before the Special Tribunal, may be referred for local inspection or verification or both by the Mandal Revenue Officer having jurisdiction over the area or by any other Officer of the Government authorised by the Court in this behalf.

 

(2) The Mandal Revenue Officer or the Officer to whom the application has been referred under sub rule (1) shall make or cause to be made an inspection or verification or both, as soon as may be practicable and shall submit a full and complete report within two weeks from the date of receipt or order with reference to Revenue Records and facts on ground as to the following:

 

(i) the correctness of the statements made in the application with regard to columns 1 to 15 and 19 in Form 1;

(ii) the facts relating to ownerships, actual possession and use of the land concerned; and

(iii) such other particulars and information as would be useful to the Court to arrive at a correct decision on the claims made in the application.

 

(3) The Mandal Revenue Officer or the Officer to whom the application has been referred under sub rule (1) shall also furnish copies of the extracts of the Government records to show the survey number and sub division number and proof of possession, ownership and use of the land and the payment of dues to the Government.

 

(4) A copy of the report referred to in sub rule (2) may be furnished to the applicant, to the respondents and other persons, if any having

interest in the land on payment of copying charges.

Rule 7 Notice of taking cognizance of a case

 

(1)The Special Court shall before taking cognizance of the case under the Act give notice in Form 11 A by publishing it in the Andhra Pradesh Gazette.

 

(2) The Special Tribunal shall before taking cognizance of the case under the Act give notice in Form IIB by publishing it in the Andhra Pradesh Gazette.

Rule 8 Notice to persons interested in land

 

(1) The Special Court shall give notice in Form III A to the persons known or delivered to be interested in the land.

 

(2) The Tribunal shall give a notice in Form III B to the persons know or believed to be interested in the land.

 

Rule 9 Notice to the Land Grabbers

 

The Special Court shall before passing an order under sub section (7) of section 8 of the Act, and the Special Tribunal shall before passing an order under sub section (5) of Section 7 A of the Act, give notice to the land grabber in Form IV.} Rule 9 Subs. by G.O.Ms.No.916, Revenue (AandR), dt: 12-9-1994.

Rule 10 Serving of Notice

 

All notices under the Act and the rules made thereunder shall be served by registered post with acknowledgment due. Within three days after the order of the Court the petitioner or appellant shall file before the Registrar Superintendent or as the case may be, the required number of covers correctly addressed and bearing the required stamps and accompanied by postal acknowledgment forms. The postal acknowledgment purporting to bear the signature of the respondent or adult member of the family shall be sufficient service of the notice. The Court may declare that an endorsement of refusal made by the postman shall be deemed to be sufficient service. If the covers returned with an endorsement that the addressee is not residing at the address or left the place without instructions, the Court may direct substituted service by publication in any Newspaper in the local language having circulation in the area in which the respondent is known to have last resided.

Rule 11 Filing of Counter

 

The respondent of interested party may, and if so directed by the Court shall, file Counter within a period of fourteen days or such extended time as the Court may grant.

Rule 12 Withdrawal of the case from the Special Tribunal

 

An application for withdrawal of a case pending before any Special Tribunal shall be made to the Court in the form of original petition accompanied by an affidavit stating the reasons for the withdrawal of the application. Notice of the with drawal shall be served on the other side before presentation of the petition.

Rule 13 Application of the Code of Civil Procedure, 1908

 

The Special Court shall have the same powers as are vested in the Civil Court under the Code of Civil Procedure, 1908 (5 of 1908) when trying an application in respect of the following matters namely:

(a) enforcing the attendance of any person and examining him on oath;

 

(b) compelling the production of documents and material objects;

 

(c) issuing Commission for examination of witnesses;

 

(d) every enquiry or investigation by the Court shall be deemed to be a judicial proceeding within the meaning of Section 193 and 228 of Indian Penal Code, 1860 (45 of 1860).

Rule 14 Transfer of criminal cases to other Benches

 

If any bench of the Special Court trying a case of land grabbing on an application under section 8 of the Act, considers that the criminal liability should also be determined simultaneously it shall place the papers before the Chairman for entrustment of criminal trail to another bench. The judgment in the criminal case shall not however be delivered until the proceedings on the rights over property involved are settled.

Rule 15 Procedure for taking possession

 

(1) The Court Tribunal shall communicate its final decision or order to the affected parties and also in the Revenue Divisional Officer to give effect to the decisions of the Court.

 

(2) The Revenue Divisional Officer shall on receipt of the order of the Court issue or arrange to issue a direction in Form V deputing any Officer not lower in rank than a Revenue Inspector to take possession of the grabbed land on behalf of the Court and deliver and possession of the land to the person ordered by the Court.

 

(3) A copy of the authorisation issued by the Revenue Divisional Officer shall be served or arranged to be served on the person in possession or occupation of the land, as the case may be.

 

(4) Where the person in possession or occupation of the grabbed land delivers possession thereof voluntarily, the officer so deputed by the Revenue Divisional Officer under sub rule (2) shall record a statement of the person to that effect and also record a certificate in Form VI and send the same to the Revenue Divisional concerned and the Court.

 

(5) Where the person in possession or occupation of the grabbed land fails to deliver possession of that land voluntarily the officer, so deputed under sub rule (2) may enter on the land and take possession thereof on behalf of the Revenue Divisional Officer after removing any obstruction or unauthorised occupant, if any, on such land, by taking such Police assistance as may be necessary and record a certificate in Form VII duly attested by two witnesses.

 

(6) The certificate in Form VII shall be prepared in triplicate and one copy each shall be sent to the Special Court Revenue Divisional Officer Mandal Revenue Officer.

 

(7) Where the Revenue Divisional Officer directs the Officer so deputed to deliver possession to the person ordered by the Court, the Officer shall accordingly possession and record a certificate to that effect.

 

(8) Where the Revenue Divisional Officer has been directed that the land taken possession of shall be kept under his control and management, the officer so deputed under sub rule (2) shall, take possession of the land and report the same to the Revenue Divisional Officer and seek his directions.

 

(9) As order granting compensation and also profits and cost of redelivery passed in favour of a owner other than the Government, may be executed by the Court through the Tribunal in accordance with the provision of the Code of Civil Procedure, 1908.

 

(10) The Tribunal shall execute its order granting compensation and also profits and costs of redelivery passed in favour of a owner other than the Government in accordance with the provisions of the Code of Civil Procedure, 1908.

Rule 16 Appeals

 

(1) An appeal under sub section (3) of Section 7-A of the Act shall be preferred in the form of a Memorandum in Form VIII signed by the appellant or his advocate and presented do the Registrar. The Memorandum shall set forth concisely and under distinct heads, the grounds of objection to the order appended against and the precise relief sought for.

 

(2) The Memorandum of appeal presented shall be accompanied by as

many authenticated copies on plain paper, of the Memo of appeal, and order of the Tribunal as there are respondents to be served and four such copies in addition for Court record, besides the certified copy of the order as required to be filed under O. XLI Rule 1 of the Code of Civil Procedure, 1908, (Central Act V of 1908).

 

(3) When appeal is presented after the expiry of the period prescribed by the Act, it shall be accompanied by an application supported by an affidavit stating the facts on which the appellant relies to satisfy the Court that he had sufficient cause for not preferring an appeal within the period specified. If the Special Court sees no reason to reject the application, without issue of notice to the respondents, notice shall be issued to the respondents and the matter shall be finally decided by the Special Court before it proceed to deal with the appeal.

 

(4) Where on the day fixed or any other day to which the hearing may be adjourned, the appellant does not appear when the appeal is called on for hearing, the Court may make an order that the appeal be dismissed.

 

Explanation:- Nothing in this sub rule shall be construed as empowering the Court to dismiss the appeal on merits.

 

(5) Where the appellant appears and the respondent does not appear, the appeal shall be heard ex parte.

 

Rule 17 Procedure of Hearing Applications Appears

 

The Code of Civil Procedure shall mutatis mntnadis apply to the hearing of applications appeals before the Special Court so far as they are not inconsistent with the provisions of the Act and the rules made

thereunder.

Rule 18 Review

 

(1) An application for the review of the order passed by the Court shall be preferred within thirty days from the date of the order of which the review is sought.

 

(2) Review application shall be decided ordinarily by the same members who have passed the order or judgment under review. If however the member ceases to hold office, the Chairman shall nominate any other member in his place to hear the review petition. In cases where the Chairman who happened to be the member of the Bench ceases to hold Office, his successor shall hear the review petition.

Rule 19 Seal and Emblem

 

The Official Seal and Emblem of the Special Court Special Tribunal shall be such as may by specified by the Government.

APPENDIX 1 FORM

 

FORM

 

FORM 1

(See Rule 3)

Application under sub section (1) of Section 7 A under sub section (1) of section 8 of the Act.

To

Special Tribunal(District Judge Chief Judge City Civil Court Hyderabad )

The Chairman.

Special Court.

Hyderabad.

 

1. Full name of the Applicant. ......

2. Father Husband Name ......

3. Address ......

4. Name(s) of the respondent(s) with father's/

Husband's Name ......

5. Address of the respondents (s) ......

6. Name of the Village Municipality Corporation ......

7. Name of the Mandal ......

8. Name of the District ......

9. Classification of land ......

10. Survey No. and Sub Division No. ......

11. Extent

12. Buoundaries or S. Nos. of adjacent lands,

North:

South:

East :

West .....

13. Value of land ......

14. Whether there are any house or structures on

the land; to whom they belong; How they were

acquired; market value of the land. ......

15. A concise statement of all relevant facts as

to the claim and provision under which it is

preferred; ......

16. Summary of the evidence proposed to be adduced; ......

17. True copies duly attested of the documents re-

lied on; ......

18. Other relevant particulars to identify the

property; ......

19. A Co-relation Statement between the Survey and

Sub division of the last Re-survey done and the

preious survey; ......

20. Any other particulars: which the applicant int-

ended to furnish; ......

I thereby declare that to the best of may knowledge and belief that the information and particulars furnished above and its enclosures are full and complete and correct.

Place : Signature of the Applicant

Date:

Struck out which column is not applicable

Fill in the place of the cut

 

APPENDIX 2A FORM

 

FORM

 

FORM II (A)

(See Rule 7 (1))

Notice

The Special Court has taken cognizance of the case filed by Sri............................................... Son of................................................It is alleged that the land belonging to as specified in the Schedule below is grabbed by Sri ....................... .............................................. Son of ..............

Notice is hereby given to whomsoever it may concern including the custodian of evacuee property concerned as required under the first proviso to sub section (6) of Section 8 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (A.P. Act, 12 of 1982). If any person intends to object the may submit his objections if any before the Special Court on or before the ..day of........................19..........for its consideration.

If no objections are received by the Special Court within the stipulated time it will be presumed that there are no objections for proceedings further and the case will be proceeded accordingly.

Signature

Designation:

SCHEDULE 1 SCHEDULE

 

SCHEDULESCHEDULE

 

Name of the

owner of the

land

Village in

which it is

located

Mandal

and District

in which it

falls

S.No. Sub division

No. of the alleged

land

Boundaries

of the land

Extent

of the

land

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

APPENDIX 2B FORM

 

FORM

 

FORM II (B)

(See Rule 7 (2))

The Special Tribunal..............................(District) has taken cognizance of the case filed by Sri....................Son of Sri..................................................It is alleged that the land belonging to.....................as specified in the schedule below is grabbed by Sri ..........Son of Sri..............

Notice is hereby given to whomsoever it may concern including the custodian of evacuee property as required under the first proviso to sub section (4) of Section 7-A of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (A.P, Act 12 of 1982). If any person intends to object the may submit his objections if any to this Special Tribunal...........District on or before the day................(Month)......(Year)....for its consideration.

If no objections are received are received by the said Special Tribunal within the stipulated period, it will be presumed that there were no objections for proceedings further and the case will be proceeded accordingly.

Signature

Designation:

SCHEDULE 2 SCHEDULE

 

SCHEDULESCHEDULE

 

Name of the

owner of the

land

Village in

which it is

located

Mandal

and District

in which it

falls

S.No. Sub division

No. of the alleged

land

Boundaries

of the land

Extent

of the

land

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

APPENDIX 3A FORM

 

FORM

 

FORM III (A)

(See Rule 8 (1))

Notice

The Special Court has taken cognizance of the case filed by Sri.............................Son of.......it is alleged that the land belonging to Sri.........as specified in the Schedule below is grabbed by Sri......................................Son of ...........................................Notice therefore given to Sri.................................................Son of..............................................as required under the third proviso to sub section (6) of Section 8 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (A.P. Act. 12 of 1982). If he has any objection he may submit his objections if any before the Special Court on or before the................day of .......(month)..............year for consideration.

If no objections are received by the Special Court within the stipulated time if will be presumed that the has not objection to proceed further and are will be proceeded accordingly.

Signature

Designation

SCHEDULE 3 SCHEDULE

 

SCHEDULESCHEDULE

 

Name of the

owner of the

land

Village in

which it is

located

Mandal

and District

in which it

falls

S.No. Sub division

No. of the alleged

land

Boundaries

of the land

Extent

of the

land

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

APPENDIX 3B FORM

 

FORM

 

--------------------------------------------------------------------------------FORM III (B)

(See Rule 8 (2)

Notice

The Special Tribunal has taken cognizance of the case filed by Sri .............................................. Son of..........................................it is alleged that the land belonging to Sri.................. as specified in the Schedule below is grabbed by Sri..............................Son of.............................

Notice is therefore given to Sri............................Son of ................................as required under the third proviso to sub section (4) of Section 7 (A) of the Andhra Pradesh Land Grabbing (Prohibition Act, 1982 (A.P.Act 12 of 1982). If he has any objection he may submit his objection if any before the Special Tribunal on or before the ...............day of ...................... (Month) .............. (Year) for its consideration.

If no objections are received by the Special Tribunal within the stipulated time it will be presumed that he has no objection to proceed further and the case will be proceeded accordingly.

Signature :

Designation :

SCHEDULE 4 SCHEDULE

 

SCHEDULE SCHEDULE

 

Name of the

owner of the

land

Village in

which it is

located

Mandal

and District

in which it

falls

S.No. Sub division

No. of the alleged

land

Boundaries

of the land

Extent

of the

land

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

 

APPENDIX 4A FORM

 

FORM

 

FORM IV (A)

(See Rule 9 (1))

To

Sri

The Special Court has come to the conclusion that the land specified in the Schedule below has been grabbed by you on by your agent and it is proposed to award compensation in terms of money for wrongful possession of the land grabbed which shall not be less than an amount equivalent to the market value of the land grabbed, as on this day and profits accrued from the land payable by you to the owner of the grabbed land and proposed to direct the redelivery of the grabbed land to its rightful owner.

Opportunity is hereby given to you as required under proviso to sub section (7) of section 8 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (Act 12 of 1982) to make representation if any, against the action proposed to be taken as above. You are requested to make written statement and be present in person or through you authorised agent on..................before the special Court for adducing evidence, if any, in this regard and the Special Court shall consider every such representation and evidence.

Officer Signature:

 

Designation:

 

Special Court:

SCHEDULE 5 SCHEDULE

 

SCHEDULESCHEDULE

 

Name of the

owner of the

land

Village in

which it is

located

Mandal

and District

in which it

falls

S.No. Sub division

No. of the alleged

land

Boundaries

of the land

Extent

of the

land

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

APPENDIX 4B FORM

 

FORM

 

FORM IV (B)

(See Rule 9 (2))

To

Sri

The Special Tribunal has come to conclusion that the land specified in the schedule below has been grabbed by you or by your agent and it is proposed to award compensation in terms of money for wrongful possession of the Land grabbed which shall not be less than an amount equivalent to the market value of the land grabbed as on this day and profits accrued from the land payable by you to the owner of the grabbed land to its rightful owner.

Opportunity is hereby given to you as required under proviso to sub section (5) of section 7-A of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (Act 12 of 1982) to make representation if any, against the action proposed to be taken as above. You are requested to make a written statement and be present in person or through your authorised agent on before the Special Tribunal for adducing evidence, if any, in this regard and the special Tribunal shall consider every such representation and evidence.

Officer

 

Designation

 

Special Tribunal

SCHEDULE 6 SCHEDULE

 

SCHEDULESCHEDULE

 

Name of the

owner of the

land

Village in

which it is

located

Mandal

and District

in which it

falls

S.No. Sub division

No. of the alleged

land

Boundaries

of the land

Extent

of the

land

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

APPENDIX 5 FORM

 

FORM

 

FORM V

[See Rule 15 (2)]

Office of....................

Direction to take and deliver possession.

The Special Court Special Tribunal under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (Act 12 of 1982) by its order number...................dated...............has decided that the ownership of the land grabbed mentioned in the schedule below, belongs to the Government local authority religious or charitable institution or endowments or wakf person (by name)......................

You are hereby deputed to take possession of the land grabbed on behalf of the Government from Sri ............................. Son of ............................ Resident of ..................... Village ..................... in...........Mandal of .......................... District who is in possession of occupation of the said land and deliver the possession to the said owners, within a week from the date of receipt of this authorisation. That fact of delivering the land to the rightful owner may be reported immediately.

Officer:

 

Designation:

SCHEDULE 7 SCHEDULE

 

SCHEDULESCHEDULE

 

Name of the

owner of the

land

Village in

which it is

located

Mandal

and District

in which it

falls

S.No. Sub division

No. of the alleged

land

Boundaries

of the land

Extent

of the

land

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

 

APPENDIX 6 FORM

 

FORM

 

FORM VI

(See Rule 15 (4))

CERTIFICATE

This is to certify that the Land mentioned in the schedule below which is in may possession occupation and I have voluntarily delivered possession of the said land to Sri ......................................... Son of ....................... Government Religious or Charitable institution Endowment including Wakf local authority.

Signature

 

Designation

Witnesses

(1)

(2)

SCHEDULE 8 SCHEDULE

 

SCHEDULESCHEDULE

Name of the

owner of the

land

Village in

which it is

located

Mandal

and District

in which it

falls

S.No. Sub division

No. of the alleged

land

Boundaries

of the land

Extent

of the

land

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

APPENDIX 7 FORM

 

FORM

 

--------------------------------------------------------------------------------

FROM VII

[See Rule 15 (5) & (6)]

Certificate

This is to Certify that Sri...................................Son of........................................................who is in possession or occupation of the land shown in the schedule below having failed to deliver possession of the said land voluntarily in pursuance of the orders of the Special Court Tribunal, I have entered the said land and have taken possession thereof after removing the obstruction and unauthorised occupation on the said land on this day.........................the.....................day of...............(Month)..........................(Year).

Witnesses:

(1)

(2)

 

Office authorised to take possession.

SCHEDULE 9 SCHEDULE

 

SCHEDULESCHEDULE

 

Name of the

owner of the

land

Village in

which it is

located

Mandal

and District

in which it

falls

S.No. Sub division

No. of the alleged

land

Boundaries

of the land

Extent

of the

land

Remarks

(1)

(2)

(3)

(4)

(5)

(6)

(7)

 

APPENDIX 8 FORM

 

FORM

 

FORM VIII.

[See Rule 16(1)]

Form of cause title of the Appeal

In the Special Court under the Land Grabbing (Prohibition) Act

HYDERABAD

Appeal No. ................................... of 19.

Between ..........................................................

1. A.B. Appellants.

2. C.P. (Petitioners)

AND

2. E.F. Respondents.

2. G.H. (Respondents)

On appeal from the Court of the Special Tribunal (District Judge of ..................... in O.P.No. .............................................. in O.P.No. ...................................... of 19 .............

The appellant above named appeals to the Special Court under A.P. Land Grabbing (Prohibition) Act at Hyderabad from the orders of the Special Tribunal.........................in O.P.No.........of 19 dated the ......................day of ..............19 and sets fourth the following grounds of objection to the order, appealed from namely.

(1)

(2)

(3)

 

REGULATION: 

ANDHRA PRADESH LAND GRABBING (PROHIBITION)

SPECIAL COURT REGULATIONS, 1988

 

In exercise of powers conferred by Sub section (5 A) of Section 7 of Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, the Special Court makes the following regulations relating to the procedure to be followed for the conduct of the cases and for regulating the manner of taking decision.

 

CHAPTER 1 General

 

Regulation 1 Title

 

These regulations may be called the Andhra Pradesh Land Grabbing (Prohibition) Special Court Regulations, 1988.

Regulation 2 Commencement

 

These regulations shall come into force on the date of publication in Andhra Pradesh Gazette.

Regulation 3 Interpretation

 

In these regulations, unless the context otherwise requires:

 

(i) "Act" means Andhra Pradesh Land Grabbing (Prohibition) Act, 1982.

 

(ii) "The Special Court" means the Special Court constituted under Section 7 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982.

 

(iii) "Registrar" means the Registrar of the Special Court.

Regulation 4 Place of sitting of the Special Court

 

The place of sitting of the Special Court shall be either at the principal seat at Hyderabad or at such other place or places in the State as may be specified by the Chairman from time to time.

Regulation 5 Sitting hours of the Special Court

 

The Special Court shall ordinarily sit from 10 30 A.M. to 4 30 P.M. unless the work of the day is disposed off earlier, except for lunch between 1 30 P.M. and 2 30 P.M.

Regulation 6 Working hours of the office of the Special Court

 

Except on 2nd Saturdays, Sundays and other public holidays, the office of the Special Court shall, subject to any order made by the Chairman, remain open from 10 15 A.M. to 5 00 P.M.

 

Regulation 7

 

All Applications, interlocutory applications and appeals shall be filed before the Registrar or such other officer as may be authorised by him, on all working days during working hours.

Regulation 8 Scrutiny

 

On receipt of applications or appeal and before initiating any action on it, the Registrar shall have it scrutinised by the office on the following points:

(i) whether the application falls within the jurisdiction of the Special Court.

 

(ii) Whether it is within the period of limitation in the case of appeal.

 

(iii) Whether it is in the prescribed form.

 

(iv) Whether it is supported by material papers duly authenticated.

 

(v) Whether the necessary parties have been impleaded.

 

(vi) Whether the proper court fee is paid.

 

(vii) Whether vakalat is properly stamped and executed.

 

(viii) Any other relevant point as to the admissibility of the application. If on scrutiny, the application or appeal is found to be defective or deficient in any respect of the required particulars, the applicant appellant shall be called upon to rectify the same within 10 days. If the applicant appellant does not so rectify within the time allowed the matter will be posted for order before the Bench. If the application appeal is in order it will be posted before the Bench.

CHAPTER 2 Allotment of Work

 

Regulation 9 Constitution of Benches

 

The Chairman shall constitute the Benches and allot cases to each Bench.

Regulation 10

 

When the Chairman is, by reason of absence or otherwise unable to perform the duties of his office, the Senior Judicial Member shall discharge the duties and functions of the Chairman.

Regulation 11 Weekly and daily cause list

 

All cases in which the respondents have been served with notice of the application appeal shall be included in the list termed as "ready list" and such a list shall be exhibited every month on the notice board. The Registrar shall cause the weekly list of such cases displayed on the notice board of office on the last working day of each week. The

Registrar shall also cause a daily list of the cases fixed before each Bench taken in serial order from the weekly list in accordance with the direction of the Chairman and such list shall be published in the evening immediately prior to the date of hearing and shall also be exhibited on the notice board of each Bench of the Special Court. The Registrar shall also publish, on the last working day of each week a chart showing the sitting arrangement of the members in the following week.

Regulation 12 Documents to accompany summons to the respondent

 

The following documents shall be sent along with the summons.

(a) Copy of the application filed by the applicant and other document filed along with the application.

 

(b) The verification report of the Mandala Revenue Officer, if any,

CHAPTER 3

 

Regulation 13 Powers and Functions of the officers of the Court

 

The powers and functions which, under these regulations or rules or the practice of the Special Court are exercisable by the Registrar (except such as may from time to time be expressly excepted by the chairman) may be exercised by the Deputy Registrar of Assistant Registrars.

 

Regulation 14

 

The Registrar shall have the following duties and powers in addition to the powers conferred by these regulations. He shall perform his duties subject to any special or General Orders made by the Chairman.

(i) To receive all applications, appeals and other proceedings.

 

(ii) To require any application, Memorandum of appeal, interlocutory application or other proceedings presented to the Special Court or to the Registrar to be amended in accordance with the procedure or practice of the Special Court or to be represented after such other requisition as the Registrar is empowered to make, has been complied with; Provided that the Registrar shall, when so required, refer the matter to the Chairman.

 

(iii) To direct the party to file such number of copies or material papers in a case as may be necessary for the disposal of the case.

 

(iv) To transmit copy of order or orders of the Special Court to the parties concerned.

 

(v) To appoint or discharge a next friend or guardian adlitem to a minor, and direct the amendment of the record accordingly.

 

(vi) To bring on record the name of the legal representative of a deceased applicant, appellant or respondent:

 

Provided that the contested applications and applications presented out of time falling within clauses (v) and (vi) shall be posted before the Bench for disposal.

 

(vii) To make the order for leave to search the record of the Special Court under the relevant regulation in that behalf.

 

(viii) To dispose of all applications for copies of Judicial records in the custody of the Special Court.

 

(ix) To allow from time to time any period or periods not exceeding 10 days in all for filing slips, furnishing information, for filing covers for issuing notices or for any similar act necessary to make an application or an appeal complete.

 

(x) To register Advocate clerks.

 

(xi) To refer any mater before him to the Chairman.

 

(xii) To direct substituted service under Order V Rule 20 CPC

 

(xiii) To condone delay not beyond 10 days in representation of the application, interlocutory applications or appeals.

 

(xiv) To condone delay in payment of deficit court fee up to a maximum period of ten days failing which it shall be put up before Court for orders.

 

(xv) To rectify clerical errors relating to cause title or the description of

the parties.

 

(xvi) To return the documents produced in pending cases.

 

(xvii) To excuse delay in filing the fees certificate.

Regulation 15 Proceedings before the Special Court

 

(1) The Special Court while issuing summons to the respondent shall fix the date, normally 14 days for the respondent to appear in person or by advocate to answer and file counter and simultaneously serve a copy thereof on the other party.

 

(2) Within 14 days of the receipt of the counter referred above, the opposite party may file his rejoinder if any with the permission of the court and simultaneously serve a copy thereof on the other party.

 

(3) The Special Court shall fix the date of first hearing of the dispute, within 60 days of the date on which the notification is issued.

 

(4) The hearing of the case shall ordinarily be continued from day to day. the arguments shall follow immediately and not beyond 14 days after the closing of the evidence.

 

(5) The Special Court shall not ordinarily grant an adjournment for a period exceeding a week at a time, not more than three adjournments, in all, at the instance of any one of the parties to the dispute.

 

(6) Where, applicant or respondent fails to appear when the application is called on for hearing, the court may make an ex parte order on the application.

 

(7) In any case, in which exparte order is passed, the aggrieved party may apply to the Court, to set aside the order, if he satisfies the Court, the reasons for the absence.

 

(8) The Special Court shall deliver judgment within 15 days from the date on which the judgment was reserved, or where it is not practicable to do so, within 30 days from the date on which the Judgment was reserved.

Regulation 16 Inspection of Documents

 

A party or his advocate to the proceedings shall be at liberty to inspect the documents on a request made in writing in that behalf to the Registrar. If such request is refused he shall be entitled to apply to the Bench concerned for directions in that regard. No stranger can inspect the records of a case without the orders of the Special court.

Regulation 17 Inspection Documents by Strangers

 

The application for inspection of documents by a stranger shall be supported by an affidavit stating whether the applicant has any and what interest in the subject matter of the documents or of the proceedings in which the record or document is filed, the purpose for which inspection of a copy is required and if the same is required for the purpose of an intended or pending proceedings, the nature of the said proceedings and the relevancy of record or document in relation to the

applicant.

Regulation 18 Inspection of Records

 

If leave to inspect is granted, the inspection of the Record shall be made in the presence of the record keeper or an officer of the Court designated for that purpose. The fees for inspection shall be Rs. 2 for every hour or part thereof, spent in making the inspection. The person inspecting the records shall not be entitled to take a copy of the proceedings or documents or any part thereof while inspecting the records but may take notes of relevant facts or dates.

Regulation 19 Production of Records in the custody of a Court

 

(1) An application for the production of the records in the custody for a court shall specify the particulars of documents required to be produced. Unless it is made to appear to the Court that the production of the original documents is necessary, the party shall be required to obtain and file certified copies thereof and the original shall not be sent for. If the court dispenses with the affidavit mentioned in Order XIII, Rule 10(2) of the Code of Civil Procedure, it shall record in writing the reasons for so doing.

 

(2) When a court finds it necessary to require the production of the records of another court, either within or outside the state, it shall address a letter of request direct to the Presiding Judge of that Court.

 

(3) When the document to be sent for by a Court either from its own records or from those of another court under Order XIII, Rule 13 is an account book, or other document, not being a record (e.g. Judgment, decree, written statement etc.) which has to be in the custody of a court

and belongs to a person other than a party at whose instance it is sent for, the court may require the party to deposit in court before the letter of request is to be issued, such sum as it may consider necessary to meet the estimated cost of making a copy of the document when produced.

 

(4) When the letter of request is to be issued by the Court itself acting of its own motion it shall be open to the court to call upon either party to make the deposit as aforesaid.

 

(5) On the production of the document in compliance with the letter of request, the court shall cause a notice to be affixed to the notice board that the document has been received and that the parties may apply to the court for inspection of the same. The Court shall not grant inspection to either party, unless it is satisfied that the application is made with the consent of the person to whom the document belongs. After the document has been admitted in evidence, the court shall, unless it considers it necessary to retain the original, direct the parties to specify the portion or portions thereof on which they respectively rely, and require a copy to be made of the same at the expense of the party requiring such portion, and shall thereafter, with all convenient speed, return the original to the Court from which it was received, retaining the copies as part of the record.

 

Regulation 20 Production of Records in the custody of Public Officer other than a Court

 

(1) A summons for the production of records in the custody of a public officer other than a court shall be addressed to the Head of the office concerned and in the case of summons to a District Registrar or Sub Registrar of Assurances, it shall be addressed to the Registrar or Sub Registrar in whose office or sub office as the case may be, the required records are kept. Provided that where the summons is for the production of village accounts, including field measurement books, such summons shall be addressed to the M.R.O.

 

(2) Every application for such summons shall be made by an affidavit setting out (1) the document or documents the production of which is required (2) the relevancy of the document or documents; and (3) in cases where the production of a certified copy would answer the purpose, whether application was made to the proper officer for a certified copy or copies and the result of such application.

 

(3) The Special court shall not issue such summons unless it considers the production of the original necessary or is satisfied that the application for a certified copy has been duly made and has not been granted. The Court shall in every case record its reasons in writing and shall require the applicant deposit in court, before the summons is issued, to abide by the order of the court,m such sum as it may consider necessary to meet the estimated cost of making a copy of the document when produced.

 

(4) On production of the document in obedience to the summons, the court unless it thinks it necessary to retain the original, shall direct a copy to be made at the expense of the applicant, and shall with all convenient speed return the original, regaining the copy.

 

(5) Unless the court requires the production of the original, every such summons to a public officer shall state that he is at liberty to produce, instead of the original, a copy certified in the manner prescribed by Section 76 of the Evidence Act.

 

(6) Nothing in the above Regulations shall prevent the Special Court of its own motion from issuing summons for the production of public records or other documents in the custody of a public officer, in accordance with sub regulation (1) if its thinks it necessary for the ends of justice to do so.

 

Regulation 21 Return of Records

 

(1) Application for return of records filed in the Special court may be made only after the final disposal of the case by the Special Court.

 

(2) Original documents filed in the Special Court or exhibited may be returned in pending matters to the persons who produce the said documents. Provided that the applicant shall substitute certified copies of the documents sought to be taken back and undertake to produce the said originals when directed by the Special Court.

Regulation 22 Certified Copies

 

(1) When a person is entitled to obtain a copy of the proceedings or document filed in for in the custody of Special Court, he may present an application for it to be Registrar.

 

(2) The application shall set out the description of the document of which the copy is required.

 

(3) The application not conforming to the requirements of the Regulation shall not be entertained until defect or defects are rectified. Nothing in the Regulations shall entitle a person to a copy of the Minutes or Notes of the Chairman or Members and Correspondence not strictly Judicial and confidential.

 

(4) A list showing the applications in which the records have been received and the number of stamp papers required, shall be affixed to the notice board of the Registrar every day. Such list shall remain on the notice board 3 days and if the last day is a holiday, till the next working

day.

 

(5) After the required stamped papers are deposited a copy shall be made ready. A list of copies ready for delivery shall be exhibited on the notice board for 3 clear working days. A certified copy and any un used stamp papers shall be delivered to the applicant. Every copy furnished by the Special court shall be certified by the Section officer, to be a true copy and the seal of the Special Court shall be affixed.

 

(6) Every copy shall bear an endorsement showing dates of the following

 

(a) Application made on

(b) Stamp papers called for

(c) Stamp paper deposited

(d) Copy ready

(e) Copy delivered

 

(7) One stamp paper shall be furnished for every 100 words or fraction thereof.

 

Regulation 23

 

Forms given in the appendix to Civil Produce Code shall be used in connection with the matters instituted in the Special Court with such variations as may be necessary.

CHAPTER 4 Miscellaneous

 

Regulation 24 Registration of Advocates Clerk

 

(i) No clerk employed by an advocate shall act as such in the special court or be permitted to have access to the records and obtain the copies of the papers of the Special Court, unless his name is entered in the Register maintained by the Special Court. Such clerk shall be known as Registered Clerk.

 

(ii) An advocate desirous of having a Registered Clerk shall make an application to the Registrar giving following information.

 

(a) Name

(b) Father Name

(c) Age

(d) Educational qualifications

(e) Residential Address

(f) Specimen signature.

 

(iii) A register of all the Registered Clerks shall be maintained in the office of the Registrar.

Regulation 25 Advocate Fees Certificate

 

The Advocate fee shall be determined by the Special Court. Unless the Special Court otherwise orders and except in the case of an advocate appearing on behalf of the Government no fees shall in any case be entered as recoverable in the order except on production of a certificate shall be filed in the office of the Registrar within 7 days from the date of order of the Special Court.

Regulation 26

 

If the applicant appellant or the respondent to any proceeding requires a copy of the order or proceeding, the same shall be supplied to him on such terms and conditions, on payment of such fees as may be fixed by the Chairman by a General or Special order.

Regulation 27

 

In matters not provided for in these regulations, the Special Court may in its discretion apply the provisions of civil Rules of Practice and Criminal Rules of Practice, Mutatis Mutandis in so far as they are not inconsistent with the Act and the Rules.

Regulation 28

 

The address for the members of the Special Court including the Chairman and members of the staff of the special court shall be such, as the Chairman may specify.

Regulation 29

 

The dress for the advocate or the presenting officer, shall be such as the Chairman may specify.Act Type : Andhra Pradesh State Acts