The Andhra Pradesh Land Encroachment Act, 1905

The Andhra Pradesh Land Encroachment Act, 1905 (APLEA), is a legislative framework designed to address and manage unauthorized occupation of government-owned lands in Andhra Pradesh. The act establishes legal measures to protect government property from unlawful possession and provides a structured approach to land management.

Scope and Definitions (Sections 1–2)

The act applies to the entire state of Andhra Pradesh, as specified in Section 1. It defines key terms and roles, such as "Collector" and "Tahsildar," in Section 1A, ensuring clarity in the administrative framework. Section 2 establishes government ownership over public roads, water bodies, and lands, except where private rights exist.

Assessment and Penalties (Sections 3–6)

Sections 3 and 4 outline the assessment process for lands occupied without authorization, including the finality of assessment decisions. Section 5 details penalties for unauthorized occupation, with fines reaching up to ten times the annual assessment for assessed lands. Section 6 empowers authorities to evict unauthorized occupants and forfeit any constructions or crops on the land.

Procedural Requirements (Sections 7–12)

Section 7 mandates prior notice to unauthorized occupants before proceedings. Section 7A addresses group encroachments, allowing immediate eviction without notice. Sections 8 and 9 empower the State Government to make rules and recover assessments as arrears of land revenue. The appeal process is detailed in Sections 10 and 11, with a 60-day limitation period for appeals.

Government Powers and Legal Provisions (Sections 12A–16)

Section 12A allows the government to review decisions for legality. Section 13 ensures the act does not exempt unauthorized occupiers from other legal actions. Section 14 bars civil courts from questioning decisions under the act, while Section 15 validates prior penal assessments. Sections 15A and 16 address unauthorized occupation post-lease termination and lands claimed by escheat or reversion.

The Andhra Pradesh Land Encroachment Act, 1905, plays a crucial role in maintaining legal order and protecting government lands in Andhra Pradesh, ensuring compliance and enforcement through clear legal provisions and penalties.