THE ANDHRA PRADESH LAND ENCROACHMENT (AMENDMENT) ACT, 1980 [Act No. 23 of 1980] [03rd November, 1980] An Act further to amend the Andhra Pradesh Land Encroachment Act,
1905. Whereas there are organised
attempts on the part of lawless persons operating in groups to forcibly
trespass into Government lands; And Whereas such group of
persons are setting up fictitious claims involving the Government in vexatious
and protracted civil litigation immediately upon service of notice of eviction
from such Government lands; And Whereas such situations
are leading to confrontation between the police and such occupants thereby resulting
in frequent breach of peace; And Whereas the available
Government land is shrinking at a rapid rate on account of such occupation,
with the result the Government are finding it practically difficult to secure
suitable sites for execution of developmental programmes and activities,
including housing programmes for weaker sections of the society; And Whereas it is necessary
to arrest and curb immediately the large scale and unprecedented fraudulent
sales of Government lands by unscrupulous real estate dealers in favour of
innocent and illiterate weaker sections of the society at temptingly low
prices; Be it enacted by the
Legislature of the State of Andhra Pradesh in the Thirty-first Year of the
Republic of India as follows: -- (1)
This Act may be called the Andhra Pradesh Land Encroachment
(Amendment) Act, 1980. (2)
It shall be deemed to have come into force on the 13th May, 1980. In the Andhra Pradesh Land
Encroachment Act, 1905, after section 7, the following section shall be
inserted, namely: -- 7A. "Encroachment by
group of persons on Government lands and their eviction. (1)
Where the District Collector knows or has reason to believe that a
group or groups of persons, without any entitlement and with the common object
of occupying any land, which is the property of the Government, are occupying
or have occupied any such land, and if such group or groups of persons have not
vacated the land on demand by the District Collector or any officer authorised
by him in this behalf, the District Collector shall, notwithstanding anything
in this Act, order without any notice, the immediate eviction of the encroacher
from the land and the taking of possession of the land; and thereupon it shall
be lawful for any officer authorised by the District Collector in this behalf
to evict the encroachers from the land by force, taking such police assistance
as may be necessary, and take possession of the land (2)
Where, in any proceedings taken under this section, or in
consequence of anything done under this section, a question arises as to
whether any land is the property of the Government, such land shall be presumed
to be the property of the Government until the contrary is proved. (3)
Notwithstanding anything in this Act, but subject to the
provisions of section 12A, any order of eviction passed by the District
Collector under subsection (1) shall be final and shall not be questioned in
any court.". The Andhra Pradesh Land
Encroachment (Amendment) Ordinance, 1980, is hereby repealed. ANDHRA
PRADESH LAND ENCROACHMENT (AMENDMENT) ACT, 1980
Preamble - ANDHRA
PRADESH LAND ENCROACHMENT (AMENDMENT) ACT, 1980PREAMBLE