THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE KRISHNA MOHAN REDDY Writ Petition No. 12278 of 2009 DT. 3.8.2011 Between: Janapareddi Ammajamma and others … Petitioners And Lingam Sriramulu and others … Respondents Counsel for the Petitioner: Sri G Rama Gopal Counsel for respondents: Sri M S R Subrahmanyam The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE KRISHNA MOHAN REDDY Writ Petition No. 12278 of 2009 ORDER: (Per Sri V Eswaraiah,J) This writ petition is filed questioning the order dated 2.3.2009 in L.G.C No. 5 of 1999 on the file of the Special Tribunal under A.P. Land Grabbing (Prohibition) Act, 1982 cum District Judge, Visakapatnam (for short referred to as Special Tribunal). The case of the petitioners is that they are the sole and absolute owners of land to an extent of Ac.1.63 cents in Survey No. 22/2 P of Santhinagar, Buchirajupalem, Visakapatnam and out of the said extent an extent of Ac.0.18 cents (871 Sq.yards) was grabbed by the respondents without any lawful authority, hence they have filed L.G.C. No. 5 of 1999 under Section 7 (A) (1) of the A.P. Land Grabbing (Prohibition) Act, 1982 and Rule 3 (1) to declare the respondents as land grabbers and to re-deliver the vacant possession of the schedule land. On consideration of the matter, the Special Tribunal, dismissed LGC No. 5 of 1999, against which, the petitioners filed LGA No. 26 of 2006 before the Appellate Tribunal and the Special Court under A.P. Land Grabbing (Prohibition) Act, 1982, Hyderabad. The Appellate Tribunal, by order dated 30.4.2007 remanded the matter for afresh disposal. On remand, the Special Tribunal, Visakhapatnam by order dated 2.3.2009 returned the petition on the ground that the Appellate Tribunal/Special Court, Hyderabad got no jurisdiction in view of the judgment of this Court in Md.Vijetha Hussain @ Fasi Vs. Special Court, A.P. Land Grabbing (Prohibition) Act[1], wherein it is held that the provisions of the A.P. Land Grabbing (Prohibition) Act, 1982 are not applicable to the building with its appurtenant open land. The Act applies only to the lands but not to buildings and the Tribunal has no jurisdiction to adjudicate the house property. Aggrieved by the said order, the present writ petition is filed. It is stated that abutting the land of the petitioners, there exists Government land in Survey No.20 and the Government has assigned the said land for house sites and the said assignees and others have forcibly occupied and encroached upon the land of the petitioners to an extent of Ac.0.18 cents unauthorizedly and initially raised huts and later constructed pacca houses without any lawful authority, as such the petitioners have filed LGC No. 5 of 1999. It is thus contended that the schedule property which was grabbed is only a vacant land, in which encroachers made certain constructions, and therefore, the Special Tribunal has got jurisdiction. The learned counsel for the petitioner has submitted that the Special Tribunal on remand has returned the petition by following the judgment of this Court in Md.Vijetha Hussain @ Fasi case (cited supra), which judgment on appeal was set aside by the Supreme Court in Safiya Bee Vs. Mohd. Vajahath Hussain Alias Fasi[2]. The Supreme Court while referring to the definition of ‘land’ as defined in Section 2 (c ) of the A.P. Land Grabbing (Prohibition) Act, 1982 held as under; “The above definition of ‘land’ makes it clear that the expression ‘land’ includes ‘buildings, structures and other things attached to the earth’. In view of such inclusive definition of ‘land’ grabbing a building attached to the earth amounts to land grabbing for the purpose of this Act. Hence, the High Court erred in holding that the Act applies to the land but not to the buildings…..” Heard learned counsel for petitioners and learned counsel for respondents. In view of the judgment of the Supreme Court in Safiya Bee case, (cited supra) the Special Tribunal has jurisdiction to adjudicate the petition, hence, we hereby set aside the order dated 2.3.2009 in L.G.C No. 5 of 2009 on the file of the Special Tribunal, Visakhapatnam. On resubmission, the Special Tribunal, Visakhapatnam is directed to entertain the L.G.C. No. 5 of 2009 and dispose of the same in accordance with law after affording reasonable opportunity to both sides. Further, since the matter relates to year 1999, the Special Tribunal is directed to dispose of L.G.C No. 5 of 1999 on priority basis. Accordingly, the writ petition is disposed of. No costs. ______________ V. ESWARAIAH,J _________________________ G. KRISHNA MOHAN REDDY,J DATE: 3.8.2011 TVK THE HON'BLE MR JUSTICE V ESWARAIAH THE HON’BLE MR JUSTICE KRISHNA MOHAN REDDY Writ Petition No. 12278 of 2009 DT. 3.8.2011 [1] 2007 (6) ALT 667 (DB) [2] 2011(2)SCC 94