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Civil Appeal No. 1569 of 2001. Case: Mandal Revenue Officer Vs Goundla Venkaiah and Anr.. Supreme Court (India)

Judgment Cited in 21 Precedent Map Related
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Case NumberCivil Appeal No. 1569 of 2001
CounselR. Sundervardhan, S.B. Sanyal and A.K. Ganguli, Sr. Advs., Manoj Saxena, Rajnish Kr. Singh, Rahul Shukla, Bachita Baruah, T.V. George, Vijay Kr. Vishwajit Singh, R. Upadhyay, M.N. Rao, A.D.N. Rao, Nikhil Nayyar, T.V.S.R. Sreyas, T. Anamika and S. Thananjaya, Advs
JudgesG.S. Singhvi and Asok Kumar Ganguly, JJ.
IssueAndhra Pradesh Land Grabbing (Prohibition) Act, 1982; Andhra Pradesh Land Grabbing (Prohibition) (Amendment) Act, 1987; Andhra Pradesh Land Encroachment Act, 1905 - Sections 2, 2(1), 2(2), 3, 4(1), 4(2), 5, 6, 7, 7A, 7A(1), 7A(2), 7A(3), 8(1) and 8(2); Andhra Pradesh Land Grabbing (Prohibition) (Amendment) Ordinance, 1986; Civil Procedure Code ...
CitationAIR 2010 SC 744 , 2010 (1) SCALE 206 , (2010) 2 SCC 461
Judgement DateJanuary 06, 2010
CourtSupreme Court (India)

Judgment:

G.S. Singhvi, J.

  1. This appeal is directed against order dated 20.6.2000 passed by the Division Bench of the Andhra Pradesh High Court whereby it allowed the writ petition filed by the respondents, quashed the orders passed by the Special Tribunal and the Special Court under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (hereinafter referred to as the `Land Grabbing Act') and declared that the respondents have acquired title over the schedule property by adverse possession.

  2. Gonda Mallaiah (predecessor of the respondents) illegally occupied 5 acres land comprised in Survey No. 42, Khanament village, Rangareddy District, which is classified in the revenue records as Kharizkhata-Sarkari. In 1965 and 1986, notices were issued to Gonda Mallaiah under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 but no order appears to have been passed for his eviction. In 1990, Mandal Revenue Officer, Serlingampally, Rangareddy District (appellant herein) filed an application before the Special Tribunal constituted under the Land Grabbing Act for recovery of the possession of 5 acres land by alleging that the same was illegally occupied by Gonda Mallaiah. During the pendency of the application, Gonda Mallaiah died and the respondents herein were brought on record as his legal representatives. In their reply, the respondents denied the allegation that their father had illegally occupied the land and pleaded that they have acquired title by adverse possession because they are in possession of the land and cultivating the same for last more than 50 years without any interference or obstruction. The respondents further pleaded that being landless poor they are entitled to assignment of land as per the Board's Standing Orders, but instead of acting on their representations, the appellant initiated proceedings under the Land Grabbing Act by wrongly treating them as land grabbers.

  3. By an order dated 27.5.1997, the Special Tribunal allowed the application of the appellant and declared that the schedule land is Government land which had been grabbed by Gonda Mallaiah and his successors and directed them to hand over possession thereof to the Government within 2 months. The appeal preferred by the respondents was dismissed by the Special Court by detailed order dated 18.8.1998.

  4. The respondents challenged the orders of the Special Tribunal and the Special Court in Writ Petition No. 30262 of 1998. The Division Bench of the High Court did not disturb concurrent finding recorded by the Special Tribunal and the Special Court that the schedule land is Government land but set aside the orders passed by them on the premise that the respondents have acquired title by adverse possession and as such they cannot be evicted by being treated as land grabbers.

  5. Shri R. Sundervardhan, learned senior counsel for the appellant submitted that the impugned order is liable to be set aside because the laboured attempt made by the High Court to justify its interference with the concurrent finding recorded by the Tribunal and the Special Court on the issue of illegal possession of the respondents and their predecessor is wholly unwarranted and uncalled for. Learned senior counsel pointed out that after making in-depth analysis of the evidence produced by the parties, the Special Tribunal and the Special Court categorically held that the land comprised in Survey No. 42 of village Khanament, Rangareddy District is Government land and Gonda Mallaiah had illegally occupied a portion thereof and argued that the High Court committed a serious jurisdictional error by interfering with the said finding merely because on re-appreciation of the factual matrix of the case and evidence produced by the parties, a different conclusion could be reached. Learned Counsel criticised the High Court's analysis of the documents produced by the parties including notice dated 22.6.1985 issued to one R. Mallaiah under Section 7 of the Encroachment Act and the reply filed by him by pointing out that the observation made by the Special Court that the documents were suspicious in nature did not call for interference by the High Court. Learned Counsel also assailed the finding of the High Court that the respondents have acquired title by adverse possession and argued that in the absence of any evidence to show that possession of Gonda Mallaiah and the respondents was continuous and openly hostile to the Government, they cannot be said to have perfected their title over the schedule land.

  6. Shri M.N. Rao, learned senior counsel appearing for the respondents repeatedly urged that this Court should not pronounce upon the legality and correctness of the impugned order because the application made by the respondents for assignment of land and/or regularization of their possession in accordance with policy framed by the Government is pending and is likely to be decided shortly. He then argued that the finding recorded by the High Court in favour of the respondents on the issue of their having acquired title by adverse possession is unassailable because the evidence produced by the parties is sufficient to establish that Gonda Mallaiah and the respondents were in uninterrupted possession of the schedule land for more than 50 years and the proceedings initiated against Gonda Mallaiah under the Encroachment Act were dropped after due consideration of the reply filed by him. Shri Rao submitted that failure of the concerned authorities of the Government to challenge the occupation of land by Gonda Mallaiah and the respondents for more than 50 years is conclusive of the fact that their possession was open and hostile and the High Court did not commit any error by declaring that the respondents have acquired title over the schedule land by adverse possession.

  7. We have thoughtfully considered the entire matter. The phenomenon of encroachment, unauthorized occupation and grabbing of public lands is as old as human civilization. From time to time, legislations have been enacted to curb this menace of encroachment. One such legislation i.e. Madras Land Encroachment Act, 1905 was enacted by the legislature of the erstwhile State of Madras. After formation of the State of Andhra Pradesh, necessary changes were made in the nomenclature of the Act and it is now known as the Andhra Pradesh Land Encroachment Act, 1905 (hereinafter referred to as `the Encroachment Act'). Section 2(1) of the Encroachment Act declares that all public roads, streets, lanes and paths, the bridges, ditches, dikes and fences, on or beside the same, the bed of the sea and of harbours and creeks below high water mark, and of rivers, streams, nalas, lakes and tanks and all canals and water-courses, and all standing and flowing water, and all lands except those enumerated in Clauses (a) to (e) shall be the property of the Government. Section 2(2) further declares that all public roads and streets vested in any local authority shall be deemed to be the property of Government for the purpose of the Act. Section 5 defines liability of person unauthorizedly occupying land and Section 6 prescribes summary procedure for eviction of person unauthorizedly occupying land for which he is liable to pay assessment in terms of Section 3. Section 7 incorporates the rule of audi alteram partem and makes it obligatory for the competent authority to issue notice and give opportunity of hearing to the alleged unauthorized occupant of land being the property of Government. Section 7A, which was added with effect from 13.5.1980 provides for eviction of encroachment made by group of persons.

  8. In some of the proceedings initiated under the Encroachment Act in the State of Andhra Pradesh, the occupants of the land questioned the Government's title over it by contending that they came into possession on the basis of validly executed lease, licence or sale transaction. The Andhra Pradesh High Court ruled that bona fide dispute relating to title of land raised by the occupant cannot be decided in summary proceedings and such dispute can be adjudicated only by a regular civil court. In Government of Andhra Pradesh v. Thummala Krishna Rao (1982) 2 SCC 134, this Court approved the view of the High Court and held that the Government cannot take unilateral decision that the property belongs to it and then take recourse to summary remedy under Section 6 of the Encroachment Act for eviction of the occupant.

  9. In view of the afore-mentioned development and keeping in mind the fact that there has been large scale grabbing of land belonging to Government, local authorities, religious/charitable institutions including a Wakf and even private lands, the State Legislature enacted the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (hereinafter referred to as `the Land Grabbing Act') to prohibit every activity of land grabbing in the State and to provide for matters connected therewith. The new legislation deals with all types of land grabbing, public as well as private and provides for a comprehensive mechanism, which is substantially different than the one provided in the Encroachment Act, for eviction of land grabber and adjudication of related disputes without requiring the parties to seek remedy before the regular court. The necessity of bringing the new legislation is clearly reflected in the statement of objects and reasons incorporated in the bill, which led to enactment of the Land Grabbing Act. The same read as under:

    An Act to prohibit the activity of land grabbing in the State of Andhra Pradesh and to provide for matters connected therewith.

    Whereas there are organized attempts on the part of certain lawless persons operating individually and in groups, to grab, either by force or by deceit or otherwise, lands (whether belonging to the Government, a local authority, a religious or charitable institution or endowment, including a wakf, or any other private persons) who are known...

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