K MOHAN LAL Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The first petition by a practising Advocate and the second on a representation by one Sri N.Venkatesh, which is made on the basis of a newspaper report having the headline "appointment in Land Grab Court raises eyebrows", under Article 226 of the Constitution of India are primarily directed to the validity of Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 and the appointment of the Judicial Members as well as Revenue Members of the Land Grabbing Special Court which is constituted under the said Act.

(2.) It is stated on behalf of the petitioners that first the Ordinance and later the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (for short "the Act') which has received the assent of the President of India on 14-9-1982, was enforced with effect from 29-6-1982, with a view to prohibiting the activity of land grabbing in the State of Andhra Pradesh. The statement of objects and reasons gives a glimpse of the cause for the enforcement by the Legislature of the State and the purpose for which it is enacted. It recites as follows :

(3.) The Act has defined "land" to include 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; "land grabber" to mean a person or a group of persons who commit land grabbing and to include 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 to include the successors in-interest; "land grabbing" to mean 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. By Section 3, the Act has declared land grabbing in any form unlawful and any activity connected with or arising out of land grabbing as an offence punishable under the Act. Section 4 provides that (1) no person shall commit or cause to be committed land grabbing; (2) any person who, on or after the commencement of the Act, continues to be in occupation, otherwise than as a lawful tenant, of a grabbed land belonging to the Government, local authority, religious or charitable institution or endowment including a wakf, or other private person, shall be guilty of an offence under the Act; and (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 deals with other offences and Section 6 with offences by Companies, Section 7 with the constitution of Special Courts and Sec. 7-A with the constitution of Special Tribunals and its powers etc. Section 8 provides the procedure and powers of the Special Courts and Section 9 states that the Special Court shall have the powers of the Civil Court and the Court of Sessions. Besides other relevant provisions, Section 15 of the Act states that the provisions of the Act shall have the 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, and Section 16 provides for rule making power of the Government of the State for carrying out all or any of the purposes of the Act.