The Government under section 43(5) of the AP CRDA Act, 2014 directed the CRDA to undertake development scheme through voluntary Land Pooling Scheme in the Capital City area vide G.O.Ms.No.257, MA & UD (M2) Department, dated:30.12.2014. The Schedule-II (1) (i) of rules envisages the role and responsibility of authority to issue Land Pooling Ownership Certificate (LPOC) and pay annuity to the religious institutions or charitable trusts under the purview of Endowment Department in cases where the original lands belong to them.
2. The Commissioner, Andhra Pradesh Capital Region Development Authority(APCRDA) in the letter 2nd read above, has informed that a letter was addressed to the Commissioner of Endowment Department explaining about the Land Pooling Scheme and requested to permit the Assistant Commissioner, Endowments, Guntur, EO’s of the concerned religious institutions and inspector of Endowments in respect of Charitable institutions to file consent applications and enter into agreements with the Competent Authorities implementing Land Pooling Scheme through voluntary participation.
3. Further, the Commissioner, APCRDA has informed that the Commissioner, Endowments Department vide Memo No. M2/245/2015, dated:12.08.2015 permitted the Assistant Commissioner, Endowments, Guntur to participate in the Land Pooling Scheme. Accordingly, consent applications under LPS for an extent of Ac. 1017.09 cents of Endowment Lands belonging to various religious institutions in the Capital City area were filed and the Competent Authorities enquired and taken possession of lands in an extent of Ac. 843.87 cents by entering into development agreements duly paying annuity under Land Pooling Scheme, leaving a balance of Ac. 173.22 cents against which multiple claims filed both from Endowment Department and also by Ryotwari patta holders and their successors in interest.
4. In this regard, the Commissioner, APCRDA has informed that during the verification of ownership of the disputed lands, the ryoths and their successors interest produced Form-VIII ryotwari pattas issued under Section 7 of Inams Abolition Act, 1956 and registered documents, PPB’s and TTDs issued under ROR Act in support of their claim. The Endowment Department is claiming on the ground that these lands are classified as ’Charitable’ as per RSR and vests with Charitable Institutions under Section 76 of the AP Charitable and Hindu Religious Institutions & Endowments Act, 1987 and the Government amended AP (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act 1956 (Act No. 16 of 2013) to the effect that where any person other than concerned Charitable or religious institutions or Endowment obtained a patta for such lnam land after commencement of the AP (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956, such patta shall be deemed and always to have beenand void and no effect shall be given to such patta granted. As the ryoths are having possession over the disputed lands for more than 40 years and having pattadar passbooks and title deeds in their favour and as the Endowment Department has not taken any steps to recover the possession, it is now becoming difficult for the Competent Authorities to take the lands and it is leading to prolonged litigation. As the lands are located in different villages and in different survey numbers, difficulty is being faced in laying LPS layouts, providing infrastructure and roads. Hence there is urgent need to solve the issue for maintaining timelines of construction of Capital City.
5. The Commissioner, APCRDA has further informed that in order to settle the issue a proposal has been made before the APCRDA. The Authority has passed a resolution No. 72/2016 in the 6th Authority Meeting held on 20.09.2016 “to pay compensation to Endowment Department as per LA R&R Act, 2013” taking the basic value multiplied by 1.25 factor and by adding 100% solatium and to recommend to the Government to allot returnable plots and other benefits under Land Pooling Scheme to the ryotwari patta holders as gracious relief.
6. The Commissioner, APCRDA has finally informed that there is need on the part of Government to come to the rescue of the ryots failing which they would be put to irreparable loss and it would be big loss of livelihood and requested the Government in the letter 3rd read above to issue necessary orders by sanctioning LPS package as a gracious relief to the Ryotwari Patta holders and permit the acquisition authority to pay compensation to the religious Institutions as per LA R&R Act, 2013.
7. After careful examination of the proposal of the Commissioner of APCRDA, Government hereby order for sanctioning of LPS package as a gracious relief to the Ryotwari Patta holders in the Capital area and permit the Acquisition Authority to pay compensation to the Religious Institutions as per LA R&R Act, 2013.
8. The Commissioner, APCRDA may incur the cost from the Budgetary provision for R&R in the current financial year. After exhausting the existing budget, if additional funds are required, supplementary proposal can be considered at Revised Estimates stage.
9. The Commissioner, APCRDA, Vijayawada, shall take further necessary action accordingly.
Municipal Administration & Urban Development (CRDA) Department – Andhra Pradesh Capital Region Development Authority – Land Polling Scheme – Negotiated Settlement in cases of rival claims on Endowments lands – Sanction of LPS package as a gracious relief to the Ryotwari Patta holders in the Capital area and permit the Acquisition Authority to pay compensation to the Religious Institutions as per LA R&R Act, 2013 – Orders – Issued MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (CRDA.2) DEPARTMENT
1. From the commissioner, APCRDA, Rc.No.CRDA-14021(31)/164/2016JD-ESTATE-APCRDA, dt.26.09.2016.
2. from the Commissioner, APCRDA, Rc.No.CRDA-14021(31)/1/2016-DT1 Est-CRDA-Part(1), dt.19.12.2016.
3. From the Commissioner, APCRDA, Rc.No.CRDA-14021(31)/164/2016JD-ESTATE-APCRDA, dt.16.07.2018.