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Issues: (i) Whether the Special Court under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 can direct that a land grabber continue in possession of grabbed land on payment of its market value. (ii) Whether the Tribunal or Special Court can determine whether grabbed land is required for public purpose.
Issue (i): Whether the Special Court under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 can direct that a land grabber continue in possession of grabbed land on payment of its market value.
Analysis: Section 8(7) authorises the Special Court to award compensation for wrongful past possession and to direct redelivery of the grabbed land to its rightful owner. The provision does not create any power to legitimise continued illegal possession by permitting the grabber to retain the land on payment of market value. The opening words of the sub-section and the interpretive guideline in Section 17-B do not alter that plain meaning, and the Schedule itself contemplates compensation together with restoration of land.
Conclusion: The Special Court has no power to allow continued possession of grabbed land on payment of its market value. The view of the High Court was correct and is against the appellant.
Issue (ii): Whether the Tribunal or Special Court can determine whether grabbed land is required for public purpose.
Analysis: The scheme of the Act leaves the question whether land is required for public purpose to the competent Government. The Tribunal and the Special Court are concerned with whether land has been grabbed and with the consequences flowing from that finding, not with substituting their own view on public purpose.
Conclusion: The Tribunal and the Special Court have no jurisdiction to decide whether a particular grabbed land is required for public purpose. The answer is against the appellant.
Final Conclusion: The appeal fails because the statutory scheme permits compensation for wrongful possession and restoration of grabbed land, but not retention of Government land by a land grabber on payment of market value.
Ratio Decidendi: Under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, compensation under Section 8(7) is payable for wrongful past possession and cannot be used to substitute restoration of grabbed land with continued illegal possession on payment of market value; questions of public purpose remain within the domain of the competent Government.
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