Andhra Pradesh High Court Upholds Land Assignment to Serving Armed Forces Members

Landmark Judgment Clarifies Legal Distinctions in Land Classification and Ex-Servicemen Quota Rights

In a significant ruling, the Andhra Pradesh High Court has reaffirmed the legal validity of land assignments to serving members of the Armed Forces under the Ex-Servicemen quota. The judgment, delivered by a Division Bench comprising Justice Sri R Raghunandan Rao and Justice Sri Subhendu Samanta, addressed the contentious issue of land classification and the rights of serving personnel in land allocation under government schemes.

The case, brought forward by appellant V. Chenchaiah Naidu, challenged the decision of the District Collector of Tirupati to include his assigned land in the prohibitory list under Section 22-A of the Registration Act, 1908. The collector's decision was based on the interpretation that the land in question was classified as "Adavi Poramboke," which was deemed forest land, thereby restricting its alienation.

The court clarified the distinction between "Taka Adavi" and "Adavi Poramboke," affirming that "Taka Adavi" refers to unassessed waste land and does not fall under the category of forest land as per the Forest (Conservation) Act, 1980. This distinction was crucial in determining the legality of the land assignment to Naidu, a serving member of the Armed Forces.

The judgment highlighted the importance of recognizing the service of Armed Forces personnel and maintained that assignments under the Ex-Servicemen quota are valid, irrespective of whether the individual is currently serving or retired. The court underscored the objective of such assignments as a token of national gratitude and an incentive for military service.

Furthermore, the court directed the District Collector to remove the appellant's land from the prohibitory list within three months. Should the collector fail to comply, Naidu will be entitled to transfer the land post the stipulated period without reference to the prohibitory list.

This ruling sets a precedent for similar cases, reinforcing the rights of serving soldiers under government assignment schemes and ensuring clarity in land classification. Legal experts believe thi

s judgment will aid in resolving disputes related to land assignments and uphold the welfare of those in military service.

Bottom Line:

Land assignment to serving members of Armed Forces under Ex-Servicemen quota is valid. Classification of land as "Taka Adavi" does not equate to "Adavi Poramboke" which has an entirely different legal implication.

Statutory provision(s): Forest (Conservation) Act, 1980, Section 22-A of Registration Act, 1908

V Chenchaiah Naidu v. State of AP, (Andhra Pradesh)(DB) : Law Finder Doc Id # 2808990