Telangana High Court

Ravi Mundra, Hyd vs State Of A.P., Rep. By P.P., Hyd Anr on 29 November, 2021

Bench: G.Radha Rani

           THE HON'BLE Dr. JUSTICE G. RADHA RANI

             CRIMINAL PETITION No.12896 of 2013
ORDER:

This petition is filed by the petitioner - accused under Section

482 Cr.P.C. to quash the proceedings in Crime No.447 of 2012 on the

file of Rajiv Gandhi International Airport Police Station, Hyderabad

registered against him for the offences under Sections 447 and 427

IPC and Sections 3, 4 and 5 of the Andhra Pradesh Land Grabbing

(Prohibition Act) 1982 (for short 'the Act').

2. The respondent No.2, Tahsildar of Shamshabad Revenue

Mandal, Ranga Reddy District lodged a report before the Police on

24.12.2012 stating that on 16.12.2012 M/s.CSK Realtors have

trespassed into the Government land (Matruka land) at Rallaguda, H/o

of Shamshabad village by laying black top road under the supervision

of one Mr. Ravi representative of M/s.CSK Realtors (petitioner

herein). Basing on the said report, the above crime was registered for

the above offences.

3. Heard the learned counsel for the petitioner and the learned

Public Prosecutor.

4. Learned counsel for the petitioner submitted that M/s.CSK

Realtors owned land in Sy.No.326 to 333 of Rallaguda, hamlet of

Shamshabad village in Ranga Reddy District. The lands were

developed by CSK Realtors for the past several years in pursuance of

a valid layout. In case there was any dispute with regard to

encroachment of the Government land, the property ought to have Dr.GRR,J

been got demarcated by the 2nd respondent by taking advantage of the

official position. The 2nd respondent lodged a fake complaint without

submitting any revenue documents or any other title documents to

show that the alleged land was the government land. He further

submitted that the construction activity with regard to laying of road

was stopped. He further contended that the police were not

empowered to register a case under Sections 3, 4 and 5 of the Act.

The offences under the Act can be taken cognizance under Section 8

of the Act and a procedure was contemplated therein, wherein notices

had to be issued to the alleged land grabber and after hearing him,

cognizance of the case could be taken, if in the opinion of the said

Special Court the offence of the land grabbing was committed.

Therefore, registration of crime under Sections 3, 4 and 5 of the Act

was totally illegal. The allegations in the FIR were vague and did not

constitute any offence much less the offences under Section 447 and

427 IPC and prayed to quash the proceedings.

5. Learned Public Prosecutor reported to decide the petition on

merits.

6. A perusal of the record would disclose registration of the

case for the offences under Sections 3, 4 and 5 of the Act, apart from

the offences under Sections 447 and 427 IPC. The Andhra Pradesh

Land Grabbing (Prohibition) Act, 1982 came into force with effect

from 06.09.1982 and the Government constituted Special Courts to try

the offences under the said Act and there is a special procedure Dr.GRR,J

prescribed for taking cognizance of the offences under Section 8 of

the said Act. As per Section 8 of the Act:

"8. Procedure and powers of the Special Courts:--

(1) The Special Court may, either suo motu or on application made by any person, officer or authority take cognizance of and try every case arising out of any alleged act of land grabbing or with respect to the ownership and title to, or lawful possession of, the land grabbed, whether before or after the commencement of this Act, and pass such orders (including orders by way of interim directions) as it deems fit;

(1-A) The Special Court shall, for the purpose of taking cognizance of the case, consider the location, or extent or value of the land alleged to have been grabbed or of the substantial nature of the evil involved or in the interest of justice required or any other relevant matter:

Provided that the Special Court shall not take cognizance of any such case without hearing the petitioner.

(2) Notwithstanding anything in the Code of Civil Procedure, 1908 3 [the Code of Criminal Procedure, 1973] or in the Andhra Pradesh Civil Courts Act, 1972, (Act 9 of 1972) any case in respect of an alleged act of land grabbing or the determination of question of title and ownership to, or lawful possession of any land grabbed under this Act, 3 [shall, subject to the provisions of this Act, be triable in the Special Court] and the decision of Special Court shall be final.

(2-A) If the Special Court is of the opinion that any case brought before it, is not a fit case to be taken cognizance of, it may return the same for presentation before the Special Tribunal: Provided that if, in the opinion of the Special Court, any application filed before it is primafacie frivolous or vexatious, it shall reject the same without any further enquiry: Provided further that if on an application from an interested person to withdraw and try a case pending before any Special Tribunal the Special Court is of the opinion that it is a fit case to be withdrawn and tried by it, it may for reasons to be recorded in writing withdraw any such case from such Special Tribunal and shall deal with it as if the case was originally instituted before the Special Court.

(2-B) Notwithstanding anything in the Code of Criminal Procedure, 1973, it shall be lawful for the Special Court to try all offences punishable under this Act.

(2-C) The Special Court shall determine the order in which the civil and criminal liability against a land grabber be initiated. It shall be within the discretion of the Special Court whether or not to deliver its decision or order until both civil and criminal proceedings are completed. The evidence admitted during the criminal Dr.GRR,J

proceeding may be made use of while trying the civil liability. But additional evidence, if any, adduced in the civil proceedings shall not be considered by the Special Court while determining the criminal liability. Any person accused of land grabbing or the abetment thereof before the Special Court shall be a competent witness for the defence and may give evidence or oath in disproof of the charge made against him or any person charged together with him in the criminal proceeding:

Provided that he shall not be called as a witness except on his own request in writing or his failure to give evidence shall be made the subject of any comment by any of the parties or the special court or give rise to any presumption against himself or any person charged together with him at the same proceeding.]

(3) ' [ * * *]

(4) Every case under sub-section (1) shall be disposed of finally by the Special Court, as far as possible, within a period of six months from the date of institution of the case before it.

(5) * * *

(6) Every finding of the Special Court with regard to any alleged act of land grabbing shall be conclusive proof of the fact of land grabbing and of the persons who committed such land grabbing, and every judgment of the Special Court with regard to the determination of title and ownership to, or lawful possession of, any land grabbed shall be binding on all persons having interest in such land 3 [* * *] 4 [Provided that the Special Court shall, by notification specify the fact of taking cognizance of the case under this Act. Such notification shall state that any objection which may be received by the Special Court from any person including the custodian of evacuee property within the period specified therein will be considered by it; Provided further that where the custodian of evacuee property objects to the Special Court taking cognizance of the case, the Special Court shall not proceed further with the case in regard to such property; Provided also that the Special Court shall cause a notice of taking cognizance of the case under the Act, served on any person known or believed to be interested in the land, after a summary enquiry to satisfy itself about the persons likely to be interested in the land.

(7) It shall be lawful for the Special Court to pass such order as it may deem fit to advance the cause of justice. It may award compensation in terms of money for wrongful possession of the land grabbed which shall not be less than an amount equivalent to the market value of the land grabbed as on the date of the order and profits accrued from the land payable by the land grabber to the owner of the grabbed land and may direct re- delivery of the grabbed land to its rightful (owner. The amount of compensation and profits, so awarded and costs of re- delivery, if any, shall be recovered as an area of land revenue in case the Government is the owner, or as a decree of a civil Court, in any other case to be executed by the Special Court:

Dr.GRR,J

Provided that the Special Court shall, before passing an order under this subsection, give to the land grabber an opportunity of making his representation or of adducing evidence, if any, in this regard, and consider such representation and evidence.

(8) Any case, pending before any court or other authority immediately before the constitution of a Special Court, as would have been within the jurisdiction of such Special Court, shall stand transferred to the Special Court as if the cause of action on which such suit or proceeding is based had arisen after the constitution of the Special Court.

7. Thus, the police cannot register and investigate the offences

under the A.P. Land Grabbing (Prohibition) Act, 1982. Hence,

registering the case by the Police, RGI Airport, Hyderabad for the

offences under Sections 3, 4 and 5 of the A.P. Land Grabbing

(Prohibition) Act, 1982, is considered as improper and as such, liable

to be quashed. But, the proceedings registered under Sections 447 and

427 IPC against the petitioner shall go on.

8. In the result, the Criminal Petition is partly allowed quashing

the proceedings against the petitioner - accused in FIR No.447 of

2012 of Rajiv Gandhi International Airport, Hyderabad, for the

offences 3, 4 and 5 of A.P. Land Grabbing (Prohibition) Act, 1982

only and the Criminal Petition is dismissed in respect of the offences