The Law Of The Land

Land assigned to the poor for their upliftment is being taken back from illegal occupants but many seem to be determined to stay put

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CARETAKER: Revenue minister Rao wants to empower the poor

It is surprising that the Left chose to launch the agitation several months after the Congress Government of Chief Minister Y.S. Rajasekhara Reddy, in a bold initiative, amended the law—the Andhra Pradesh (Prohibition of Transfers) of Assigned Lands Act—to recapture government land that was encroached upon or sold by unscrupulous occupants and hand it over to the landless poor. An exercise of enumeration that had been going on for the past four months revealed that about 4,13,000 acre have changed hands and it is estimated that by the end of July, the total acreage is likely to exceed 5 lakh. The village-wise survey will identify land in the possession of illegal occupants or others, and reclaim it for redistribution to the poor.

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RED SIGNAL: CPI(M) cadres hold rallies demanding their assigned land

Many of the unwitting buyers of assigned land and unscrupulous encroachers are occupying prime land in Hyderabad and the Ranga Reddy district skirting the city, as well as other urban clusters across the state. Many have forcibly occupied land meant for the poor. While piloting the amendment of the laws last year, Chief Minister Reddy had set an example by surrendering 310 acre held by his family after surveys revealed that this land was originally meant for the poor. In a swift move, the Government also amended the law to prohibit transfer of such land by empowering itself to reclaim it after punishing those who illegally occupied it, even if it was bought and registered legally. “The land is intended to empower the poor and raise their status and not merely offer them an economic opportunity,” explained the state Revenue Minister Dharmana Prasada Rao.

After amending the law, the Government set a deadline of April 29 for illegal occupants to surrender the land voluntarily, even if they had made substantial investments to raise buildings and factories on it. The Government also offered unsuspecting buyers, who had bought land unaware that it was earlier earmarked for distribution to the poor, the option of surrendering it. Since the move began, only 1,936 persons have surrendered 4,349.53 acre voluntarily.

But many others are holding out, forcing the revenue authorities in the state’s 23 districts to slap recovery notices on the illegal occupants. Among them is former Tamil Nadu chief minister J. Jayalalithaa, owner of JJ Grape Gardens in the northern suburbs of Hyderabad, where a seven-acre vineyard stands on land assigned for distribution. But the aiadmk supremo alleges she is being targeted because of her party’s close ties with the Opposition, Telugu Desam Party (TDP) and its chief, N. Chandrababu Naidu. “Innumerable cases have been foisted on me since 1996. So far, I have been acquitted in 12 cases and declared innocent by the courts. I will continue fighting these cases,” says Jayalalithaa. Adds Naidu, “The Government claims it was land assigned for the poor. But she bought the land 40 years ago, even before the Land Assignment Act of 1977 had been enforced. This is nothing but political vendetta.”

FOR A PIECE OF LAND

PICTURE SPEAK INVASION: JJ Grape Gardens of Jayalalithaa stands on illegal land Over 3 lakh people violated the law to acquire more than 4 lakh acre of assigned land till June-end Most violations in the districts of Warangal (55,975 acre by 60,355 persons), Prakasam (35,769 acre by 19,159 persons), Nizamabad (30,130 acre by 25,426 persons), Ranga Reddy (9,690 acre by 4,395 persons) Only 1,936 persons have surrendered 4,350 acre voluntarily 2,14,541 notices issued for the recovery of 2,94,176 acre 6,462 acre has been restored to 6,714 original assignees; 10,452 acre has been taken back and assigned to other landless poor; 10,620 acre is being used for public purpose in 4,022 cases.

Rao says the seemingly harsh decision of the Government in taking over the land is to be seen in the larger perspective of the Congress’s commitment to improving the quality of life in the rural areas. He clarifies that the December 2006 amendment to the law was primarily intended to take land and distribute it in a way that serves the interests of the people. “Our main aim is not to prosecute anyone, though penal provisions could be invoked against those who don’t come forward to surrender the assigned land,” says Rao.

Significantly, the Congress Government has already, in the last three years, distributed 4.37 lakh acre in three phases, of which 1.55 lakh acre of land was redistributed on January 26, 2005. While the Government points out that its redistribution and reforms plans are on track, the rival Communists are pushing ahead for forcible occupation by encouraging supporters to snatch land, braving police batons. “Our struggle won’t stop till every poor family gets agricultural land and house sites,” says state Secretary B.V. Raghavulu. The Left parties, the original authors of land reforms in Kerala, believe such measures are their prerogative and won’t brook the Congress or any other party, stealing their thunder. It is the contention of the Left that the amendment of the 1977 Act and the guidelines, if enforced, will ensure that those illegally occupying land will become the legal owners.

The CPI(M) alleges that the state Government is acquiring 866.67 acre of the total 1,048 acre of such land for a proposed Jindal factory in Vizianagaram district. Rao admits to the acquisitions, but says due compensation has been paid for it. The CPI(M) aren’t impressed, predictably, smell a rat.

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