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Orders issued keeping registration of ‘freehold lands’ in abeyance i Andhra Pradesh
The government has also ordered that any irregularity or illegality detected in the lands covered under Section 22-A from April 1, 2019, be reported to the district Collector for appropriate legal action
Numerous complaints have been filed concerning irregularities committed while making lands freehold, without adhering to the rules and procedures under the applicable Acts. says R.P. Sisodia, Special Chief Secretary, Revenue.
The Andhra Pradesh Revenue (Registration) Department, following the instructions from the State Cabinet, has directed the district Collectors to keep the registration of all “freehold lands” in abeyance with effect from August 10.
The government further instructed that from April 1, 2019, any irregularity or illegality detected in the lands covered under Section 22-A of the Registration Act, or any omission or commission identified after due scrutiny, be reported to the district Collector immediately for appropriate legal action. In such cases, the land survey numbers would remain under prohibition of registration following orders from the district Collector.
“Through G.O. Ms. No. 596, Revenue (Lands-I) Department, dated December 19, 2023, the government issued a notification regarding conversion of assigned lands into freehold lands,” R.P. Sisodia, Special Chief Secretary, Revenue Department, told The Hindu on August 10 (Saturday).
He said, “Numerous complaints have been filed concerning irregularities committed while making the lands freehold, without adhering to the rules and procedures under the applicable Acts.”
There had been instances where freehold rights were conferred upon ineligible persons in violation of the legislative intent under Section 22-A of the Registration Act, 1908 and the AP Assigned Lands POT Act, and in violation of the relevant Board Standing Orders (BSOs), Mr. Sisodia said.
In certain cases, “communal and poramboke” lands were illegally converted into freehold, taken out of Section 220A(i) list, and registered by fraudulent means, either in favour of individuals, or groups with the intent to seize valuable government lands, he said. “This practice contravenes the spirit of Section 22-A of the Registration Act, the POT Act and the BSOs,” Mr. Sisodia maintained.
He said the government decided to conduct a thorough inquiry by constituting committees at appropriate levels under the direct supervision of the Collectors concerned.
Mr. Sisodia said the process was expected to be completed in three months. The Collectors shall undertake the investigation through appropriate agencies.
“If any case of conversion, and the consequent effecting of the transaction is found illegal, such conversions shall be nullified and the lands so converted reclassified as prohibited properties to prevent further registrations that may create third-party interests, until a final decision is taken by the government,” Mr. Sisodia told the district Collectors.
In the case lands converted to freehold under G.O MS. No. 596, but were not registered, or had any transactions so far, the registration process shall be kept in abeyance to prevent further registration that could create third-party interests, he explained.
Guidelines
With regard to the steps for lands covered under the G.O., but were not registered, he said, “Any document presented for registration must be held in abeyance / kept pending until the government reaches a final decision based on the Collector’s report. Registration of prohibited lands that have been converted to freehold will not be allowed until the district Collector issues written permission. The Collector will also ensure that the documents presented for registration, but kept pending by the Sub Registrar, are re-examined and investigated at the field level by the Revenue and Survey department officials, in accordance with the applicable Acts and Rules, before a report is submitted to the government for each case of land conversion to freehold.”
The district Collector shall decide and report to the government as to whether to continue prohibiting registration of irregularly converted lands by re-notifying them under Section 22-A of the Registration Act and informing the Registration Department accordingly.
In the property data entry process, if the land is classified as freehold, the registration process shall remain pending until the government takes a final decision, as these properties require thorough scrutiny under Section 22-A, and other relevant laws.
Documents already submitted for registration shall be assigned a pending number without completing the registration process, and the particulars shall be reported to the District Collector for a decision.
All District Registrars and Sub Registrars are required to verify the lists of prohibited properties notified under Section 22-A of the Registration Act prior to the enforcement of Act No. 35 of 2023 and G.O.Ms.No.596, Revenue (Lands-I) Department, dated December 19, 2023.
Regardless of whether the lands have been de-notified, any document presented for registration concerning such lands must be kept pending, and the officials concerned will be held personally responsible for any violation of these instructions.
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