Revenue Department-Assignments Procedure

DESCRIPTION:
In brief:
Agricultural Land Assignment
House Sites Assignment
Brackish Water Lands
Bought-in- Lands
In detail:
Land Assignment---Process
---Competency
---Eligibility
---Political Sufferers
---Amendments to BSOs
---Procedure for applying and grant of Patta
---Appeals
House sites assignment---Process
--- Selection of beneficiaries
--- Assignment Review Committee
The A P Assigned Lands (Prohibition of Transfer)Act,1977
IN BRIEF:
Agricultural Land Assignment:
Land less poor persons of the village will be given Government wasteland for
cultivation. Besides land less poor, Ex-servicemen, victims of natural calamities will also be
assigned land. Within Six months of the assignment of land the assignee should cultivate
the land. An assignee cannot sell assigned land to others.
So the following persons are eligible for assignment of Government wastelands
1. Landless poor whose annual income does not exceed Rs. 11000.
2. Political sufferers, who participated in freedom struggle
3. Ex-Servicemen
All of the above category people can be assigned a maximum extent of 2 ½ Acres, in case
wetland and 5 Acres in case of dry land. In case of landless poor, the total extent under
their possession after assignment should not exceed 2 1/2 acres of wetland and 5 acres of
dry lands. However there is no such limitation for political sufferers and ex-service men.
The landless poor, who want Government land to be assigned, have to file a request
to the Mandal Revenue Officer. The Mandal Revenue Officer after verification of the case,
will forward the same to the Assignment Committee. The decision of Committee either,
approval or rejection will be final. In case it is approved, the assignee will be issued a
patta certificate.
The decision of Committee either, approval or rejection will be final. In case it is
approved, the assignee will be issued a patta certificate.
The MRO will send a list of assignees to the AD (Survey, Settlement and Land
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Records) for subdivision and issue of Supplementary Sethwar and Final Check Memo. The
changes will be updated in Amendment Register in the MRO office only after receipt of
Supplementary Sethwar and Final Check Memo. The Pahani will be updated through the
Amendment Register only after the receipt Final Check Memo (FCM) from the AD (SS &
LR). Generally, the final check memo will be sent much later after the Supplementary
Sethwar has been sent due to administrative problems.
If the assigned lands are cultivated before the changes are made in the Amendment
Register and the Pahani, such information is recorded in the Pahani as Government lands
being cultivated with permission and waiting for Supplementary Sethwar. For such cases,
water penalty will not be levied though the water is drawn from Government sources for
cultivation before the changes are made in the Amendment Register.
Political sufferers have to file a request concerned District Collector with the
documents supporting proof for political suffering. The Collector will forward the same to
the concerned MRO who will examine and put up the same before the Assignment
Committee. The remaining process of Assignment of land is taken up as in the case of the
land less poor.
The Ex-servicemen also have to follow the same procedure as mentioned in case of
political sufferers. The supporting documents indicating that they are EX-servicemen have
to be produced.
The lands such as tank beds, reserve forests and reserved for schools, hospitals,
burial grounds, etc, cannot be assigned. Such lands are entered in the prohibitory Order
Book.
The Assignment Committee consists of the concerned MRO, One Superintendent
from the Collectorate or who ever is deputed by the District Collector and the Public
Representatives, such as local MLA and the President of Mandal Praja Parishad.
House Sites Assignment
House less poor persons of the village will be given Government wasteland for house
sites. Besides land less poor, Ex-servicemen, victims of natural calamities will also be
given house site. An assignee cannot sell assigned house site to others.
Assignment for house sites is done in the following methods
1. Assessed Waste Lands—Assessed Water Land is a Government Waster Land like
Gutta Poramboke, Grama Kantham etc for which MRO is competent to issue House
site pattas.
2. Poramboke Lands—These are all Government vacant lands like Grazing Lands,
Grave Yards, Road Poramboke, Channel Poramboke, Tank Poramboke, School
Poramboke etc. ie Lands other than agricultural waste lands for which generally
RDO (depending on the rules in force and the said lands are not entered in the
prohibition register) is competent to change classification and instruct MRO to issue
house site Pattas.
3. Surplus Lands--- Surplus Lands are all vacant Government lands fetched under
Land Ceiling Act. RDO is competent to change classification and instruct MRO to
issue house site pattas.
4. Social Welfare Land Acquisition--- Social Welfare Land Acquisition is Land
acquired by the Government for house sites purpose using social welfare funds.
Brackish Water Lands
Certain lands that there is salt-water availability and are close to the seacoast are
called Brackish Water Lands. Government prohibits assignment of Brackish water.
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Bought-in- Lands
Where the land revenue is in arrears, Government will take steps to realize the same
under Revenue Recovery Act. One of the steps for recovery is to attach the lands in question
and dispose them by public auction. Some time there may not be any bid at the time of
sale on account of understanding among the riots or for other causes. In such cases lands
are purchased on behalf of the Government at a nominal price. As per BSO-45 (4) the
Collector is competent to sanction/reassign the bought-in-Lands.
IN DETAIL:
ASSIGNMENT PROCESS :
Assignment of Govt. land means grant of land at the disposal of Government to individuals
/ Institutions and firms either on payment of value or free of cost. B.S.O. 15 contains the
basic rules and regulations. Govt. lands which are classified as Assessed and Unassessed
waste lands which are prima facie unobjectionable for assignment and porambokes which
are prima facie unobjectionable can be assigned after duly following the prescribed
procedure. The following categories of lands are prohibited from assignment.
Tank beds, foreshore of tank beds, cattle stand, burial grounds, grazing grounds,
lands reserved for depressed classes or for any public purpose.
1.
Watercourse porambokes, lands in the vicinity of reserved forests, lands containing
topes or valuable trees, lands within cantonment limits, lands reserved u/s 26 of
Forest Act, lands within Port limits, lands in the vicinity of Railway Stations,
Aerodromes or landing grounds, lands containing minerals, quarries etc, lands
within the flood banks of rivers padugais.
2.
Govt. lands in towns, municipalities, District Headquarters and within periphery of
one mile (G.O.Ms.No.1122, Rev.29-6-61, read with G.O.Ms.No.1409, Rev.
dt.19-8-78).
3.
Assignment / alienation of tank bed lands should not be done without the prior
permission of CCLA / Government.
4.
Assignment / Alienation of Govt. lands free of cost to State undertakings / public
institutions, coop institutions market committees is prohibited vide G.O.Ms.No.700,
Rev 20-6-86.
5.
LIFTING OF BAN :The ban on assignment of Govt. lands at mandal headquarters within 2
Kms from their periphery is lifted (G.O.Ms.No.634 dt.2-7-90.)
The ban on assignment of Govt. lands, within 5 Kms from High Water mark is lifted
(G.O.Ms.No.625. dt. 29-6-90)
1.
The existing concession of granting land free of cost to Gram Panchayats, M.P.Ps and
Z.P.Ps and Municipalities will be continued.
2.
COMPETENCY :
The authority competent to assign the lands is the Mandal Revenue Officer upto 2.5
acres of wet land or Ac.5.00 of dry land to land less poor persons. All other cases should
be referred to the appropriate authority for orders, basing on the value of the land.
ELIGIBILITY---LAND LESS POOR :
The Govt. have recently issued orders defining the land less poor person as
follows : Landless poor person is one who does not own or has share in ancestral or
acquired land in excess of Ac.2.50 of wet land or 5.00 of dry land and also person
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engaged in agricultural. operations having a total income of less than Rs.11,000/- per
annum including the income of all family members. The term family members does not
include Married son for the purpose of assignment though they may be staying at parental
abode and the same roof. [G.O.Ms.1019, Rev. (Asn.I) Dept. Dt. 5-10-94) In addition the
following persons are eligible.
1. Ex.Toddy tappers.
2. Backward communities/Weavers
3. Jawans discharged on compassionate/Medical grounds after 5 years of service.
4. Serving soldiers
5. Coop. societies consisting of landless poor persons
6. Political sufferers.
POLITICAL SUFFERERS
Persons who have participated in one of the 8 freedom movements organised
by the Indian National Congress remained underground but did not suffer imprisonment
provided they were proclaimed offenders of those on whom the award of arrest was
announced but were not arrested or persons whose detention orders were issued but not
served for a period of not less than 6 months and also Martyrs be declared as political
sufferers for the purposes of assignment of Govt. lands under the scheme. List of political
sufferers was already compiled by the District Collectors. It has to be ensured whether the
applicant is registered in the list of political suffers and if so whether he is allotted land
previously before considering the request and processing it. Political sufferers are eligible
for assignment of govt. land upto Ac.5.00 of wet or Ac.10.00 of dry land (G.O.Ms.No. 946
Rev. Dept. Dt. 26-7-79) Govt. in G.O.Ms. No. 185 Rev. Department dated 11.3.1997
issued the following revised guidelines for assignment of lands to the political sufferers.
Agricultural land in Visakhapatnam, Hyderabad and Rangareddy districts cannot be
assigned to Freedom fighters as the land in these districts is required for
Government purpose. In other districts, wherever land is available, it will be assigned
as per existing scales/rules.
1.
Assignment of land for agricultural purpose shall not be considered unless the land
is available in the native village of the Freedom Fighter, where it is not required for
any public purpose and house sites.
2.
Assignment of land for house sites will be made to persons (ie. individual freedom
fighters), but not to the Society of Freedom Fighters. The house site pattas are
inheritable. The Freedom Fighters are not entitled to alienate the lands. Requests of
the spouse of the freedom fighter, who expired may be considered later.
Children/legal heirs of the freedom fighters are not eligible for allotment of house
sites.
3.
A maximum extent of 300 Sq. Yards may be allotted as house site to the freedom
fighters anywhere in the State. Orders Sanctioning freedom fighters' pension may be
taken as the basis for allotment of house sites. Fresh Jail Certificates need not be
insisted upon.
4.
For the purpose of allotment of house sites, the region may be taken as a unit
instead of District ie. a freedom fighter can apply for house site in his native region
(Telangana, Andhra or Rayalaseema).
5.
Transfer of names of freedom fighters from their respective districts to districts like
Visakhapatnam Rangareddy and other urban areas is banned.
6.
Amendments to BSOs:
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Amendment to B.S.O 15(10)(2).
Among landless poor applicants preference shall be given to landless persons. As between
Sivaijamadar and non-sivaijamadar a sivaijamadar local resident agricultural labourer who
is dependant on agriculture only and who owns no land at all except the land under
occupation shall be given preference. The Land holding of the existing sivaijamadars who
are in possession of Ac.2.50 of wet or Ac.5.00 of dry including the land owned by the
family can be regularised and sivaijamadars who are in occupation of the land over and
above the limits should be evicted and the land assigned to landless poor persons.
Wet : Agrl lands which are under projects and which receive water from Govt. irrigation
source for a period of not less than 5 months in a fasli year shall be treated as "Wet". All
other lands shall be treated as dry.
Amendment to B.S.O 15 Para - 1.
The M.R.O is competent to assign lands to landless poor applicants subject to the limit
specified in B.S.O 15-2-11.
Amendment to B.S.O 15-10-1.
Eligible landless poor persons within the Mandal limits can be considered. The
requirement of residence of the applicant in the village where lands assigned are located
need not necessarily be taken as a sole requisite for determining eligibility. Among the
eligible land less poor first preference shall be given to the local landless poor. Second
preference to landless poor of adjoining villages and third to the land less poor persons
within the Revenue Mandal.
PROCEDURE FOR APPLYING AND GRANT OF PATTA:
Application on plain paper can be accepted and entered in 1. Dharakhast register.
2. The land applied for should be verified whether it is prima facie available & eligible.
3. A. 1 notice should be published.
After the publication, A. memorandum should be prepared by the Mandal Revenue
Inspector (MRI) and sent in duplicate with A.I notice. and a sketch.
4.
5. The resolution of Gram Panchayat should be obtained.
In case of Poramboke land ayan conversion proposals have to be sent to RDO.
concerned.
6.
In case of trees and structures on the ground, notice in Form C.I for recovery of value
of trees/structures shall be served on the applicant.
7.
Assignment Committee concerned shall recommend the case by a resolution. Lands
assigned are subject to the conditions laid down by the Govt. and as prescribed in
B.S.O. The land assigned is heritable but not alienable. The assignment is liable for
cancellation for violation of conditions.
8.
APPEALS :
From every original decision of assignment of the MRO or Divisional Officer one
appeal is allowed within 30 days to the Divisional Officer and Collector respectively and
within 90 days from the date of decision of the Collector to the CCLA. A revision to the
Collector against the orders of RDO in appeal is also allowed. All appeals should be
stamped with court fee label of Rs.5/-.
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