Case Note & Summary
This case arose from proceedings under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. The respondent, a landholder, had submitted a declaration under Section 8(1) of the Act. The Land Reforms Officer determined that the respondent's holding was in excess of the ceiling limit by 1.3590 standard holding. That determination was confirmed on appeal. The High Court, in revision, allowed the exclusion of 3 acres 5 cents from the respondent's holding. The State of Andhra Pradesh appealed to the Supreme Court by special leave, which was granted. No separate arguments of the parties are recorded in the brief order. The Supreme Court considered the report of the Advocate Commissioner. The Commissioner's report indicated that certain lands in Alamuru village S.No.118/1, consisting of 12 cents and 9 cents respectively, should be excluded. Similarly, certain lands in Mandapeta bearing S.No.178/3 with extents of 6 cents and 3 cents respectively, S.No.174/1 with extent of 4 cents, S.No.170/2 with extent of 3 cents, S.No.227/4 with extent of 2 cents, and S.No.224/1 with extent of 4 cents, respectively, needed to be excluded. Additionally, the Commissioner reported that lands in S.No.469/3 and 469/4 with an extent of AC-1.58 cents had been acquired in 1970 by the Government for constructing houses for weaker sections and were no longer within the respondent's holding. The Supreme Court held that all these lands alone stand excluded from the respondent's holding, and the rest of the land are included in the holding. Accordingly, the Court allowed the appeal to the above extent and made no order as to costs. The decision establishes that exclusions from ceiling surplus computation must be based on reliable evidence such as an Advocate Commissioner's report, and only lands specifically shown to be excludable, including government-acquired land, will be excluded.
Headnote
A) Land Reforms - Ceiling on Agricultural Holdings - Exclusion of Lands from Holding - Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, Section 8(1) - The respondent filed a declaration under Section 8(1) of the Act. The Land Reforms Officer held the respondent's holding in excess of 1.3590 standard holding, which was confirmed on appeal. The High Court in revision allowed exclusion of 3 acres 5 cents. The Supreme Court, on perusal of the Advocate Commissioner's report, held that only specific survey number lands and government-acquired land should be excluded, while the remaining lands are to be included in the respondent's holding. Held that the appeal is allowed to that extent and no costs are awarded (Para 1).
Issue of Consideration
Whether the High Court was justified in excluding certain lands from the respondent's holding while determining ceiling surplus under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, and to what extent such exclusion should be allowed.
Final Decision
The Supreme Court allowed the appeal to the extent of modifying the High Court's order. It held that only the following lands stand excluded from the respondent's holding: in Alamuru village S.No.118/1 extent 12 cents and 9 cents; in Mandapeta S.No.178/3 extent 6 cents and 3 cents; S.No.174/1 extent 4 cents; S.No.170/2 extent 3 cents; S.No.227/4 extent 2 cents; and S.No.224/1 extent 4 cents; and lands in S.No.469/3 and 469/4 extent AC-1.58 cents acquired by the Government in 1970 for weaker sections housing. The rest of the land are included in the holding. No costs were awarded.
Law Points
- Declaration under Section 8(1) of Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act
- 1973
- exclusion of lands from holding based on Advocate Commissioner's report
- government-acquired land excluded from holding
- remaining lands included in holding
- appeal allowed to above extent
