Andhra Pradesh set to strengthen law against land grabbing with new bill

This bill, if enacted, would repeal the existing 1982 Land Grabbing Act, establishing a more rigorous legal framework to curb land grabbing and provide justice to landowners across both urban and rural areas.

The Andhra Pradesh government has taken a significant step towards addressing rampant land grabbing by proposing the Andhra Pradesh Land Grabbing (Prohibition) Bill-2024. This bill, if enacted, would repeal the existing 1982 Land Grabbing Act, establishing a more rigorous legal framework to curb land grabbing and provide justice to landowners across both urban and rural areas.

In recent years, Andhra Pradesh has faced a surge in land-grabbing incidents, attributed largely to rapid urbanisation, industrialization, and commercialization, Minister for Revenue Anagani Satya Prasad told The Hindu, after approving the proposal by the Council of Ministers on Wednesday (November 6). Despite the legal protections offered by the 1982 Act, the increase in land-grabbing cases has left numerous landowners vulnerable, he added. This new bill aims to address these challenges head-on by increasing penalties, streamlining judicial processes, and expanding its coverage to rural areas, the Minister explained.

R.P. Sisodia, Special Chief Secretary, Revenue department told The Hindu that, the Andhra Pradesh Land Grabbing (Prohibition) Bill-2024 has been drafted after extensive comparative studies of land-grabbing laws in other states, such as Gujarat, Karnataka, and Assam, aiming to implement the most effective practices for a robust legal framework.

Enhanced punishment

The 1982 Act prescribed imprisonment terms from six months to five years, along with fines up to ₹5,000. In stark contrast, the 2024 Act proposes minimum prison terms of 10 to 14 years and aligns fines with the market value of the grabbed property. Furthermore, any profits earned from the property must be returned to the rightful landowners by court order.

Judicial overhaul

The new bill envisions a streamlined judicial structure, introducing Special Courts presided over by judges with experience as Sessions or District Judges. These courts will have both civil and criminal jurisdiction, allowing them to handle land-grabbing cases comprehensively. Additionally, the bill allows the state government to appoint additional judges as needed and reconstitute these courts for increased flexibility.

The 2024 Bill mandates that District Collectors authorise investigations, which are then handled by senior officers. By enhancing procedural rigour, the government seeks to ensure thorough and fair investigations.

The new bill shifts the burden of proof significantly onto the accused. In cases where assets exceed the accused’s legitimate income sources, there will be a presumption of land grabbing. This provision is aimed at tackling cases where evidence might otherwise be difficult to obtain, thus offering better protection for landowners.

Unlike the 1982 Act, which lacked specific provisions for public prosecutors, the 2024 Bill mandates the appointment of a dedicated public prosecutor for each Special Court. This move is expected to expedite case resolutions and enhance representation for aggrieved landowners.

The new bill stipulates that compensation be awarded by Special Courts to parties affected by land grabbing. This measure seeks to ensure that victims are adequately compensated for their losses, further deterring potential land grabbers.

Streamlined judicial process

Special Courts to be established under this Bill will have the power to develop procedures based on natural justice principles, with cases required to be concluded within six months to minimize delays and reduce the backlog of cases.

Cases can be filed in the Special Courts through several channels, which includes, private complaints, suo moto cognizance by the court, or references by the District Collector, offering a flexible and accessible process for bringing land-grabbing incidents to justice.

“Land grabbing is a persistent issue that affects the security and livelihoods of our citizens,” R P. Sisodia stated. “With the Andhra Pradesh Land Grabbing (Prohibition) Bill-2024, the state aims to deter land grabbing comprehensively while ensuring landowners’ rights and welfare are safeguarded.”, he added.

The Andhra Pradesh government is optimistic that this new legislation will set a higher standard for anti-land-grabbing measures, deterring offenders and creating a more secure environment for landowners, Minister Satya Prasad observed.

Published - November 07, 2024 09:51 am IST