Introduction
The Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 is a landmark legislation aimed at protecting the interests of the economically weaker sections of society who are allotted lands by the government. The central objective of the Act is to prohibit the transfer of lands assigned to landless poor people, ensuring that such lands remain with the original assignees and are not exploited by wealthier individuals or institutions.
Background and Objective of the Act
Following India’s independence, the state of Andhra Pradesh undertook significant land reform measures to provide land to the landless and marginalized. These lands, referred to as “Assigned Lands”, were given free of cost with the specific condition that they were non-transferable and intended solely for personal cultivation and livelihood.
However, over time, many assignees illegally transferred these lands, either due to financial duress or coercion, resulting in land alienation and exploitation. To prevent this, the AP Legislature enacted the Assigned Lands (Prohibition of Transfers) Act, 1977, which nullifies any unauthorized transfer of such land.
Who is an Assignee under the Act?
An Assignee refers to a person belonging to Scheduled Castes, Scheduled Tribes, Backward Classes, or economically weaker sections, who is granted land by the Government for cultivation, without any premium or for a nominal price. The allotment is made with specific conditions of non-transferability and use for agricultural purposes.
Definition of Assigned Land
As per the Act, “Assigned Land” means land assigned by the government to any person under relevant rules for the purpose of cultivation, and includes land assigned before or after the commencement of this Act, with a condition of non-transferability.
Key Provisions of the AP Assigned Lands (Prohibition of Transfers) Act, 1977
1. Prohibition on Transfer (Section 3)
- Absolute Ban: All transfers of assigned land, whether sale, gift, mortgage, lease, or otherwise, are strictly prohibited.
- Null and Void: Any such transfer, whether made before or after the enactment of the Act, shall be treated as null and void.
- Applicable Retroactively: The provision applies even to transfers made before 1977.
2. Resumption and Reassignment of Land (Section 4)
- Resumption Power: The government or designated authority has the power to resume the assigned land if it has been transferred in violation of the Act.
- Reassignment: Once resumed, the land shall be reassigned to the original assignee or any other eligible person from weaker sections.
3. Notice and Hearing Before Resumption
- Before resuming the land, the assignee or the transferee is given an opportunity of being heard.
- This ensures natural justice and prevents arbitrary resumption.
4. Penalties and Criminal Offences (Section 5)
- Penal Action: Any person who violates the provisions of this Act can be penalized with imprisonment up to 6 months, a fine, or both.
- Criminal Proceedings: Encroachment or illegal occupation of assigned lands is treated as a cognizable offence.
5. Bar on Civil Suits (Section 6)
- No civil court shall have jurisdiction to entertain any suit or proceeding regarding validity of transfers or resumption of assigned land under this Act.
- This speeds up administrative action and prevents prolonged litigation.
6. Role of Revenue Officials
- The Act empowers Revenue Divisional Officers (RDOs) and Tahsildars to inspect, investigate, and resume lands.
- They also maintain assigned land registers, take up summary inquiries, and submit reports to the District Collector.
7. Protection for Bona Fide Possession in Certain Cases
- In rare cases, if the transferee proves good faith and lack of knowledge about the assigned nature of land, authorities may consider the case sympathetically.
- However, resumption remains the default course of action.
Amendments to the Act
AP Assigned Lands (Prohibition of Transfers) Amendment Act, 2019
- Provided relaxation in cases where assigned land was being used for public purposes or by government institutions.
- Enabled regularization of unauthorized occupations under certain conditions, subject to guidelines.
Judicial Interpretation and Case Law
1. K. Koteswara Rao vs State of Andhra Pradesh (AP High Court)
The Court upheld the government’s power to resume and reassign lands transferred in violation of the Act. The decision reinforced the protection of public policy over private commercial interest.
2. S. Ravi vs Collector, East Godavari District
The Court ruled that even long-standing possession by transferees cannot override the non-transferability clause. Government has the power to resume such lands anytime.
Impact and Importance of the Act
- Prevents concentration of land in the hands of wealthy individuals.
- Safeguards land rights of the poor and promotes agrarian justice.
- Enables the state to recover and redistribute land for equitable use.
- Acts as a deterrent against illegal transactions and benami deals.
Challenges in Implementation
- Widespread Benami Transactions: Despite the law, many assigned lands are under indirect control of non-eligible persons.
- Lack of Awareness: Many assignees are not aware of their rights or the restrictions on their land.
- Corruption in Land Records: Manipulation of land records often helps in illegal transfers.
- Weak Enforcement: In some cases, local officials fail to resume lands effectively.
Suggestions for Improvement
- Digitization of Land Records under the Dharani portal or similar state platforms to prevent fraudulent transactions.
- Awareness Campaigns among rural communities about their legal rights.
- Grievance Redressal Mechanism to report coercion or threats related to land transfers.
- Coordination between Revenue and Police Departments for enforcement.