Telangana HC issues notices to govt; PIL challenges amendment to Assigned Lands Act

Hyderabad: The Telangana High Court division bench, comprising Chief Justice Alok Aradhe and Justice N.V. Shravan Kumar, on Wednesday issued notices to the Chief Secretary & Special Chief Secretary (Revenue) and the Chief Commissioner of Land Administration directing them to respond to contention of petitioner Telangana Republican Party, which has challenged the amendment by way of Act. no. 12 of 2018 to the Telangana Assigned Lands (POT), Act, 1977.

Through the amendment, the government has extended the cut off date for re-assignment of the assigned lands in favour of third parties from January 29, 2007 as stipulated under Section 4(1)(b) of the Act to December 31, 2017, which is clear violation of the principles of natural justice and Telangana Assigned Lands (Prohibition of Transfers) Act, 1977.

With the re-assignment of the assigned lands to eligible third party, who have purchased the assigned lands for a sale consideration on or before December 31, 2017, the ownership of such assigned lands will be transferred to the purchaser, which is under challenge.

The bench was adjudicating the plea filed by TRP with its office in Marriguda mandal, Nalgonda district, represented by its general secretary Andugula Anand, seeking a direction to set aside the amendment Act of 2018 dated April 12.

The counsel for the petitioner informed the court that the erstwhile governments allotted small parcels of government waste lands / assigned lands to the landless poor w.e.f., November 1969 with an intent that they will eke out their livelihood based on the assigned lands allotted to them by taking up farming or other allied ancillary works.

Moreover, due to illiteracy, ignorance, social and economic backwardness, the original allottees could not reap the benefits of lands and they gradually sold them to influential and financially well-off people at a cheap rate--land worth Rs. 50 lakh (one crore) was sold forRs. 5 lakh, thereby gaining huge profits by exploiting the poor and illiterate people.

The petitioner sought a direction to re-allot the assigned lands to the original allottees by taking possession of lands from the purchasers on a sale consideration. He submitted that Section 3 of the Telangana Assigned Lands (Prohibition of Transfers Amendment) (POT) Act, 1977 prohibits transfer of assigned lands. Yet the government amended the Act 12 of 2018.

During the land records updation programme, it was noticed that nearly two lakh acres of assigned lands in the State was transferred to third parties, who are now in possession of the assigned lands; 74,000 acres assigned land alone exists in the erstwhile Ranga Reddy district.

Hearing in the case was adjourned for two weeks.