A.P. Land Encroachment Act, 1905

A.P.
LAND ENCROACHMENT ACT, 1905
Presented by
P.Tejeswara Rao
(Tahsildar)
Superintendent – H
Collectorate, Kakinada
East Godavari District
Object of the Act
 This is the Act to provide measures for
checking un-authroised occupation of lands
which are property of Government.
 To curb un–authorised occupation of

Government lands and to summary eviction of
un-authorised occupants.
 It came into force with effect from 23.12.1904.
 It contains 16 sections.
 It applies to all Government lands including public

roads, streets, lanes & paths, vested in Local Body or
Municipality, Railway Lines, Port Limits etc.
Encroachment
Poramboke Land Assesed Waste Land
 Poramboke Land is un-assesed land set apart for
public purpose.
Ex:- Roads, Paths, Cart Tracks, Village site, Threshing Flows,
Water Courses etc.
 Poramboke lands are all together objectionable and
require prompt and stringent for their prevention.

Assessed Waste Lands
• The occupation of this class is ordinarily and

unobjectionable.
 Assessed waste land available for occupation by

private persons.
Means of Enforcement
 RSR / Fair Adangal / A- Register / SLR
 Form-1 Register
 List of protected lands prepared under sec.22(A) of

Registration Act, 1908.
 Village Account No. 4(c).

Important provisions of the Act
 Sec.2:-
 Right of property is public roads etc., water &
land.
 All public roads, streets, lanes & paths, water

courses etc.,
 Temple sites, wakf lands.

Sec.3:-
 Levy of assessment of lands un authorisedly

occupied.
 Un-authorised occupation of Government land

shall be liable to pay by way of assessment.
 Payment of assessment under this section shall

not confer any right of occupancy.
 Sec. 5:-
 Impose penalty in addition to the assessment basing on
the nature of encroachment.
 Sec. 7:-
 Prior notice to person in occupation
 Before taking proceedings under Sec. 5 or Sec. 6, the
Collector (or) Tahsildar shall serve Section 7 notice on
the person calling on him to show cause before or
certain day why he should not be proceeded against
under Sec. 5 or Sec.6
 Sec. 6:-
 In addition to the imposition of assessment and
penalty, summerly evict the person in occupation.
Also if not removed by the encroacher before the
time specified in the notice.
 The eviction to be carried out after hearing

objections if any.
 Sec.7A:- Encroachment by group of persons on
Government lands by their eviction.
 The District Collector empowers to order to vacate the
encroachment by group of persons on Government lands
is liable for eviction without notice.
 Sec. 10:- Appeal

a) Appeal shall lie within 60 days to the Collector (RDO)
of any order / decision of the Tahsildar
b) To the District Collector on decision of the Collector
(RDO)
 To the Board of Revenue (CCLA) on decision of the
District Collector
 Sec. 6(3):- Any person who un-authorisedly

reenters and occupies land from which he was
evicted, shall be punishable with
imprisonment upto 6 months or fine upto
Rs. 1000/- or with both.
Procedure for Booking Encroachments
 The Village Revenue Officers shall book
Encroachments and record against the
columns 13,14 and 15 of Adangal.
 Thereafter he has to prepare Sec.7 Notice and

‘B’ Memorandum and send to Tahsildar in
duplicate.
 Such notice has to be entered in ‘B’

Memorandum Register maintained in the
office of Tahsildar.
 Sec.7 notice has to be signed by the Tahsildar
and sent to the Village Revenue Officer for the
service on the Encroacher.
 After service of notice, Village Revenue Officer

and sent it to Tahsildar with his remarks
through MRI.
Steps for implementation
 The Tahsildar levies assessment in respect of
unauthorised occupations (in villages). In the case of
assessed waste only.
 In case of un-assessed waste highest dry rate or highest
wet rate as the case may be. (Sec.3 of Act, 1905 and
Rule 4 of Rules, 1976)
 May impose a penalty in addition to the assessment

basing on the nature of encroachment. (Sec. 5 of Act)
 May recover the assessment or penalty levied as arrears
of land revenue under A.P. Revenue Recovery Act,
1864. (Sec.9 of the Act)
 May in addition to the imposition of assessment and
penalty, summarily evict the person in occupation, if
the encroachments are found objectionable and also
forfeit any crop or other product raised on the land or
building or any structure or deposited anything
thereon if not removed by the encroacher before the
time specified in the notice served. (Sec.6 of Act).
Mode of Eviction
 Serving a notice in the manner provided in Sec.7 on the
person.
 The Collector / Tahsildar may deem reasonable after receipt

of the notice
 Conduct of summary enquiry

 If such Sec.7 notice not obeyed, issue order / decision
under Sec.6 and depute subordinate to remove / evict.
 If any restriction, Collector shall hold a summary enquiry

into the facts and if satisfied on restriction, may issue
warrant for the arrest of the said person.
 Custody period not exceeding 30 days.

Other related provisions
 Provisions in Board Standing Orders
 BSO-26: Deals un authorised occupation of
Government land
 BSO-26 (para 3): Procedure and precautions on

service of Form7 notice and Land
Encroachment Act, 1905.
 Para 8: Petty Encroachments on Porambokes.

Other related provisions
 Para 10(1): Local bodies are responsible for
dealing with encroachments on roads and streets
which vest in them.
 Para 10(4): Local bodies fail to take adequate
action within a period of 3 years of the
encroachment of being detected, Collector should
intervene under the provisions of Section 49 of AP
Panchayat Raj Act, 1994 & Section 64 of AP
Municipalities Act, 1965 with a view to securing
the discharge security by the Local Body of its duty
in this respect.
Provisions in Gram Panchayat
(Protection of Property) Rules 2011
 The GoAP issued rules relating to Andhra

Pradesh Gram Panchayat (Protection of
Property rules) in compliance to directions of
Hon’ble Supreme Court in SLP Case No.
3109/2011.
 The land belonging to Gram Panchayats shall be
classified into Three (3) categories.
 Category A – Own & Acquired
 Category B – Gifts, Donations, Transfer of lands to

Gram Panchayats
 Category C – Vested with Gram Panchayats {(All

Public water works, tanks, wells, tank bunds & all
water bodies & vested porambokes (grazing lands,
burial grounds, cattle stands, cart tracks)}
 The sole responsibility on protection of
category A & B lands lies with Gram
Panchayats
 Protection of category C lands lies not only

with Gram Panchayat but also with Revenue
Department.
Provisions in Panchayat Raj Act, 1994
 Sec. 53(1) contemplates the Gram Panchayat

shall taken steps to remove all encroachments
on public roads in any village other than roads
vesting with Zilla Parishads, State & National
highways.
Scheme of Regularization of Encroachments
 Scheme of Regularization of encroachments by way of
dwelling houses in Government lands
[G.O. Ms. No. 1601, Revenue (Assn. PoT) department
dt: 29.08.2005]
 The AP Transfer of rights to certain specified
categories of occupants of un assigned Govt. lands
Policy-2008
[GO Ms No. 166 Revenue (Assn. PoT) dept. dt.
16.02.2008]
Contd.,
Scheme of Regularization of Encroachments
 Scheme of Regularization of un objectionable
encroachments in Govt. lands by way of dwelling writs
in urban areas to an extent upto 100 sq. yards to BPL
families on free of cost.
12.08.2015]
 Scheme of Regularization of unobjectionable
encroachments in Govt. lands by way of dwelling units
upto 500 sq. yards.
30.03.2016]

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A.P.

LAND ENCROACHMENT ACT, 1905

 To curb un–authorised occupation of

 It applies to all Government lands including public

 Poramboke Land is un-assesed land set apart for

 Poramboke lands are all together objectionable and

require prompt and stringent for their prevention.

• The occupation of this class is ordinarily and

 Assessed waste land available for occupation by

 List of protected lands prepared under sec.22(A) of

 Village Account No. 4(c).

 All public roads, streets, lanes & paths, water

 Temple sites, wakf lands.

 Levy of assessment of lands un authorisedly

 Un-authorised occupation of Government land

 Payment of assessment under this section shall

 The eviction to be carried out after hearing

 Sec. 10:- Appeal

 Sec. 6(3):- Any person who un-authorisedly

 Thereafter he has to prepare Sec.7 Notice and

 Such notice has to be entered in ‘B’

 After service of notice, Village Revenue Officer

 May impose a penalty in addition to the assessment

 The Collector / Tahsildar may deem reasonable after receipt

 Conduct of summary enquiry

 If any restriction, Collector shall hold a summary enquiry

 Custody period not exceeding 30 days.

 BSO-26 (para 3): Procedure and precautions on

 Para 8: Petty Encroachments on Porambokes.

 The GoAP issued rules relating to Andhra

 Category A – Own & Acquired

 Category B – Gifts, Donations, Transfer of lands to

 Category C – Vested with Gram Panchayats {(All

 Protection of category C lands lies not only

 Sec. 53(1) contemplates the Gram Panchayat

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