What is the Object of this Act?

Ans: The object of this Act is to provide measures for checking unauthorised occupation of Government lands and to protect the government property. This is done by the imposition of penal assessment or by subjecting unauthorised occupants to summary eviction.

What are the properties for which this law is applicable? What is government property?

Ans: Government properties only. The term government property means all public roads, streets, lanes and paths, bridges, ditches, dykes and fences, on or beside the same, the bed of the sea and of harbours and creeks below high water mark, and of rivers, streams, nalas, lakes and tanks and all canals and water courses and all standing and flowing water and all lands situated are the property of the Government including Railway lands and land in Port limits. (Section 2(1)).

All public roads and streets vested in any local authority shall be deemed to be the property of the Government. (Section 2(2))

What are the coercive tools available under the Act against unauthorized occupations?

Ans:  They are: 1) The imposition of assessment and penalty 2) summarily evicting the person in occupation.

What is the mode of recovery?

Ans: It may be recovered as arrears of land revenue under A.P.Revenue Recovery Act, 1864. (Section 9 of the Act)

What is the mode of assessment in respect of unauthorized occupations?

Ans: This is done by the Tahsildar. He levies assessment basing on two considerations. They are: 1) Village or town 2) Assessed or unassessed land.

What is the method of evicting unauthorised occupant?

Ans: He can be summarily evicted. Before taking proceedings under Section 5 or 6, service of Notice is a mandatory and it should contain specification of the land so occupied and calling on him to show cause before certain date why he should not be proceeded against him under Section 5 or 6. If such Notice is not obeyed, the eviction to be carried out after hearing objections if any filed. If he resists or obstructs the Tahsildar, may issue Warrant for the arrest of the said person for such a period not exceeding 30 days in order to prevent the continuance of such obstruction or resistance or may send him with a Warrant in form of schedule for imprisonment in the Civil Jail of the District for the like period. (Section 6 & 7of the Act). Authorities constituted under the Act cannot take eviction proceedings against person in unlawful and illegal encroachments of Government lands without following the procedure laid down under Section 6 & 7 of the Act. (K.R.Zilla Parishad High School Committee, Katur Vs. The State ofA.P., 1976(1) An WR 86)

Write a note about S.7-A of the Act?

Ans: Section 7- A of LE Act was introduced by means of an amendment in 1980. When a group of persons without entitlement and with a common objection of occupying and Government land occupy and do not vacate on demand by the Collector shall order without notice and immediate vacation of the encroachers and for taking possession of the land. Thereupon, the encroachers should be evicted from the land by force, taking such police assistance as may be necessary and take possession of the land. An order U/s 7-A of the Act for eviction so passed by the Collector shall be final and shall not be questioned in any Court. If any dispute arises as to whether any land is the property of the Government, such land shall be presumed to be the property of the Government until the contrary is proved.

Is there any appellate forum against the order of Tahsildar?

Ans: yes, Appeal lies to the RDO against the orders of Tahsildar, to the District Collector against the orders of RDO and to the CCLA against the orders of District Collector otherwise than an Appeal. No Appeal shall be brought after the expiration of 60 days from the date of receipt of the copy of order. The District Collector and the CCLA have got revisional powers. (Sections 10, 11 & 12 of the Act). he Government have power to call for records and pass necessary orders. [Section 12(A)] .

What is the punishment provide for re-enter by unauthorisdely occupied person?

Ans: Any person who unauthorisedly re-enters and occupies land from which he was evicted, shall be punishable with imprisonment upto 6 months or with fine upto Rs.1000/- or with both. (Section 6 (3) of the Act)

Whether civil court has Jurisdiction?

Ans:  This Act provides Conclusiveness of decision as to amount of assessment payable under Section 3 shall not be questioned in any Civil Court. (Section 4 of the Act). Further,   no decision made or order passed under this Act except proceeding effecting the title to the land of a person shall be called in question before Civil Court. (Section 14 of the Act)