Facts of the case
- The Government of Andhra Pradesh assigned 2 acres of land near the city to a landless poor farmer for the specific purpose of agriculture.
- The farmer, instead of using the land for farming, converted the land into house sites.
- The land was assigned, not sold, meaning ownership was conditional and bound by rules laid down by the government.
- The question now is whether the conversion of assigned agricultural land into residential plots is legally valid.
Issues in the case
- Whether the farmer has the right to change the use of assigned land from agriculture to housing.
- Whether assigned lands can be used for purposes other than those for which they were originally granted.
- Whether such conversion violates the conditions of assignment and can result in resumption or cancellation.
- What legal consequences follow the breach of conditions imposed during land assignment.
Principles associated with it
- Under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, lands assigned by the government for agricultural purposes cannot be used or transferred for any other purpose without prior permission.
- Assigned land remains under restricted ownership, and any deviation from the purpose—such as conversion into house plots—is treated as illegal.
- The government has the right to resume such land if the assignee violates the conditions of assignment.
- Courts have consistently upheld that assigned land is not absolute property of the beneficiary and must be used in accordance with the assignment order.
- Any conversion without prior approval is invalid and unauthorized under the law.
Judgement
- The conversion of agricultural land into house sites by the farmer is invalid, as it violates the terms of assignment.
- The government can initiate action under the Assigned Lands Act, including resumption of the land.
- The farmer may be given an opportunity to explain or seek regularization, but unauthorized conversion remains unlawful.
- Therefore, unless prior permission was obtained from the competent authority, the conversion is not legally sustainable.
