HC: Only wilful possession attracts Land Grabbing Act

By S A Ishaqui

Hyderabad, May 7: A division bench of the AP High Court has made it clear that the provisions of the Land Grabbing Act apply only when a person willfully and deliberately takes possession of a stretch of land.

The bench comprising Justice A. Gopal Reddy and Justice G.V. Seethapathy, while setting aside an order passed by the Special Court under the Land Grabbing (Prohibition) Act, Hyderabad, said “the land grabber must be aware of the fact that he is entering into the possession illegally and without any lawful entitlement.” While allowing a writ petition filed by the Turbo Machinery, G.T. Industries Ltd, represented by its managing director, Mr. T. Subbarayudu, the bench reiterated the Apex Court’s findings that “mere fact of not being lawfully entitled to enter into possession by itself would not lead to inference of land grabbing unless possession is illegally taken with that view in mind. It is a necessary ingredient of land grabbing.”

The bench, in its verdict, observed the Apex Court’s observation that “unless the allegations made in the application satisfy and attract the ingredients of “land grabber” and “land grabbing” as provided under Section 2 (d) and (e) of the A.P. Land Grabbing (Prohibition) Act, 1982, mere repetition of words “land grabbing” would not be enough for taking cognisance of a case”.

The bench, while interpreting Section 10 of the Act, observed that the initial burden was on the owners of the land and prima-facie have to prove that the land alleged to have been grabbed belongs to them.