Circular On Land Alienation, Acquisition

File No.
MAU02-11030/74/2022-K SEC-CDMA
GOVERNMENT OF ANDHRA PRADESH

MUNICIPAL ADMINISTRATION DEPARTMENT
O/o the Commissioner and Director

of Municipal Administration,
A.P., Vaddeswaram.
CIRCULAR
Roc. No. 11030/74/2022/G-SEC, dated 31/10/2022
Sub:Municipal Administration Department – Proposals for permission on

Land Acquisition and Land Alienation - Incomplete proposals
submitting by the Municipal Commissioners – Certain instructions
issued – Regarding.
Ref: 1. G.O.Ms.No.661, MA, dated 27.10.1967

2. G.O.Ms.No.571 Rev. (Ass.I) Dept., dt:14.09.2012.
*****
The attention of all the Commissioners of ULBs in the State is invited

to the subject and the references cited. It is to inform that some of the
Commissioners of ULBs have submitted proposals for Land Acquisition and
Land Alienation. On verifcation of the proposals, the Commissioners of
ULBs are simply submitting the proposals without following the due
procedure as per rules and also not enclosing the required documents
such as Council Resolution, prescribed Annexures with ink-signed by the
Commissioners concerned, copies of Survey Sketch, Extent of land
proposed, Proceedings of the District Collector concerned etc.
2. It is further informed that in the absence of required information and

documents, necessary permissions cannot be issued.
3. Keeping in view of the importance of early clearance of all the

permissions required for Land Acquisition and Land Alienation, the Rule
position and required documents to be submitted along with the such
proposals are stated below;
I. Land Acquisition:
A. Act Provisions / Rule Provisions:
File No.MAU02-11030/74/2022-K SEC-CDMA
i. Section 42 of the A.P. Municipalities Act, 1965 reads as follows;
42. Procedure for acquisition of immovable property

under the Land Acquisition Act, 1894*: - (1) Any
immovable property which any municipal authority is
authorized by this Act to acquire may be acquired under
the provisions of the Land Acquisition Act 1894, (Central
Act 1 of 1894), and, on payment of the compensation
awarded under the said Act in respect of such property and
of any other charges incurred in acquiring it, the said
property shall vest in the council.
(*Note: The Land Acquisition Act, 1894 was repealed

and replaced with Central Act No.30 of 2013 - “Right to
Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013”)
(2) Where a municipal authority proposes to acquire any

immovable property otherwise than under the provisions
of Land Acquisition Act, 1894, it shall obtain the previous
approval of the District Collector therefor. While
according his approval, the District Collector shall
determine the value at which the property is to be
acquired and every such acquisition shall be subject to
the previous sanction of the Government.
ii. Section 147 of the Municipal Corporations Act, 1955 reads as

follows;
147. Procedure when immovable property cannot be

acquired by agreement: - (1) Whenever the
Commissioner is unable to acquire any immovable property
under the last preceding section by agreement, the
Government may, in their discretion, upon the application
of the Commissioner, made with the approval of the
Standing Committee and subject to the other provisions of
this Act, order proceedings to be taken for acquiring the
same on behalf of the Corporation [in accordance with the
provisions of the Land Acquisition Act, 1894* as amended
from time to time as if such property were land needed for
a public purpose within the meaning of the provisions of the
said Act.]
(*Note: The Land Acquisition Act, 1894 was repealed

and replaced with Central Act No.30 of 2013 - “Right to
Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013”)
(2) The amount of compensation awarded and all other

charges incurred in acquisition of any such property shall,

subject to all other provisions of this Act, be forthwith paid
by the Commissioner and thereupon the said property shall
vest in the Corporation.
iii. G.O.Ms.No.661 M.A., dt:27.10.1967 have issued the

“Acquisition and Transfer of Immovable Properties Rules,
1967”,
Rule 2 (1) of these rules reads as follows;
2(h) in case such a property is proposed to be acquired

otherwise than under the Land Acquisition Act, 1894, the
prior approval of the District Collector shall be obtained.
While according his approval, the District Collector shall
determine the value at which the property is to be acquired
and thereafter the Municipal Council shall obtain the
sanction of the Government before acquiring the property.
Rule 4 (1) of these rules reads as follows;
“4. Transfers otherwise than by lease of immovable

property vesting in municipal council: - (1) A Municipal
Council shall not without the previous sanction of the
Collector of the District, make or sanction any transfer
except by way of lease, of any immovable property,
belonging to it or create or sanction of the creation of
any charge upon any such property. If the value of the
property so transferred or the amount for which the
charge is so created exceeds Rs.10,000/-, the previous
sanction of the government shall also be obtained for
the transaction”.
B. Documents and other information to be provided:

i. Proceedings of the District Collector
ii. Council Resolution
iii.Copies of Survey Sketch,
iv. Others (copies of G.Os, Project/Scheme Guidelines for which Land
required etc.)
v. Extent of Land required, Cost and Source of funds etc.
II. Land Alienation:
A. Rule Provision:
i. G.O.Ms.No.571 Rev. (Ass.I) Dept., dt:14.09.2012 have issued
uniform guidelines on allotment of Government land as “Government
Land Allotment Policy”.
As per the above G.O., the guidelines at para No.3 (a) (iii), 3
(a) (iv) & 3 (b) (vii) reads as follows;
3 (a) (iii): The concerned administrative

department shall receive and process each

request for allotment of land as per the
norms prescribed in this regard and certify
the genuineness of the requirement before
forwarding the request to the Collector,
who in turn will submit the proposals with
his remarks to the APLMA proposed to be
established.
3 (a) (iv): The check-list in Annexure XI

shall be adopted by the Departments /
Government Agencies for scrutiny of the
proposals at their end so that the specifed
extent of land is recommended by them as
per norms. The check-list may be suitably
modifed by the concerned Department /
Government Agencies to meet their specifc
requirements.
3 (b) (vii): The Government lands may

be given free of cost to State Government
Departments for Welfare and Development
purposes. Lands for houses for Below
Poverty Line families may also be given
free of cost.
B. Documents and other information to be provided:

i. Annexure-XI (As per G.O.Ms.No.571, dated 14.09.2012 of Rev. Dept.)
ii. Remarks / Report of Revenue Authorities viz., Tahsildar, RDO,
District Collector etc.
iii.Copies of Survey Sketch,
iv. Others (copies of Council Resolution, G.Os, Project/Scheme
Guidelines for which Land required etc.)
v. Extent of Land required and classifcation of land
vi. Department to which the proposed land belongs to …. etc.
4. Therefore, all the Commissioners of the Urban Local Bodies in the

State are requested to pay their personal attention in the matter and
requested to submit the Land Acquisition/Alienation proposals in full shape
duly following the above Act Provisions / Rules / Guidelines issued by the
Government along with supportive documents to this ofce for quick
disposal of the proposals.
5. This shall be treated as MOST IMPORTANT.

Commissioner & Director

To
All the Commissioners of ULBs in the State,
All the RDMAs in the State.
Copy submitted to the Special Chief Secretary to Govt., MA & UD Dept.,
AP Secretariat, Velagapudi, for the favour of kind information.

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File No.

GOVERNMENT OF ANDHRA PRADESH

O/o the Commissioner and Director

Roc. No. 11030/74/2022/G-SEC, dated 31/10/2022

Sub:Municipal Administration Department – Proposals for permission on

Ref: 1. G.O.Ms.No.661, MA, dated 27.10.1967

The attention of all the Commissioners of ULBs in the State is invited

2. It is further informed that in the absence of required information and

3. Keeping in view of the importance of early clearance of all the

i. Section 42 of the A.P. Municipalities Act, 1965 reads as follows;

42. Procedure for acquisition of immovable property

(*Note: The Land Acquisition Act, 1894 was repealed

(2) Where a municipal authority proposes to acquire any

ii. Section 147 of the Municipal Corporations Act, 1955 reads as

147. Procedure when immovable property cannot be

(*Note: The Land Acquisition Act, 1894 was repealed

(2) The amount of compensation awarded and all other

charges incurred in acquisition of any such property shall,

iii. G.O.Ms.No.661 M.A., dt:27.10.1967 have issued the

Rule 2 (1) of these rules reads as follows;

2(h) in case such a property is proposed to be acquired

Rule 4 (1) of these rules reads as follows;

“4. Transfers otherwise than by lease of immovable

B. Documents and other information to be provided:

3 (a) (iii): The concerned administrative

department shall receive and process each

3 (a) (iv): The check-list in Annexure XI

3 (b) (vii): The Government lands may

B. Documents and other information to be provided:

4. Therefore, all the Commissioners of the Urban Local Bodies in the

5. This shall be treated as MOST IMPORTANT.

Commissioner & Director

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