Andhra Pradesh Land Titling Act 2022 Challenged, High Court Issues Interim Order Permitting Civil Courts To Deal With Title Suits

In the face of challenge to the Andhra Pradesh Land Titling Act, 2022, the High Court has directed all the Civil Courts in the State to continue hearing the pending cases registered under various property legislations and also to entertain the disputes relating to immovable properties.

The development comes in a batch of petitions filed by the All India Lawyers Union represented by the President of the Andhra Pradesh State Committee and members of the AP Bar Council.

The Act that came into force in October of 2023, is aimed to improve the system of deed registration relating to immovable property, consider the need for introducing a new Title Registration method to help in the growth of the land market, to serve as a conclusive record for titles, to digitize data in an integrated manner and protect it from unauthorized access, to set up a special adjudication authority for efficient and speedy resolution of disputes that arise out of the legislation and reduce litigation in Courts.

It was introduced after noting that 66% of India's civil disputes are property-related and India ranks 163rd in terms of enforcement of contracts. To fix the problem, a committee was constituted to develop the draft Model Act and Rules on Conclusive Land Titling. Based on the guidelines enshrined in the Draft Model that was prepared by the Committee, The State of AP introduced a new legislation now known as the AP Land Titling Act.

The petitioners however contend that the Act is beyond the scope of the Legislative competence of the State provided to it under Entries 18,45, List-II, Schedule VII of the Constitution. It is also stated to be violative of Articles 14, 21, 246, 251, 252, 254 and 300-A of the Constitution.

During the hearing, Advocate-General for the State informed the Division Bench of Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao that so far no Rules had been framed and the Notification under Sec. 4 of the Act was not issued for the establishment of a system of Title Registration of immovable properties.

The Bench after hearing both sides issued an interim Order, directing all the Civil Courts in the State of Andhra Pradesh to continue hearing the pending cases registered under various property legislations and also to entertain the disputes, relating to immovable properties.

The matter is to be listed in the first week of February for final adjudication.

Why is it being challenged?

The main contention raised by the petitioners relates to the establishment of a new institution for resolution of land disputes.

“Section 38 of the Act, specifically barred the jurisdiction of Civil Courts and the executive has given prominence over the Civil Courts in deciding disputes pertaining to the title over a land, which is a ridiculous step taken by the State Government as the same creates havoc amongst public of the State of Andhra Pradesh and paves path to more disputes pertaining to title issues as the same gives chance for illegally motivated elements and land mafia to influence the revenue authorities and manipulate the existing records in their favour and deprive the poor and weaker section of public of their existing proprietary rights in their respective lands,” the petition read.

It was stated that through the years, a web of inter-related legislations had been weaved out within the Indian Legal system that was perfectly adept at adjudicating upon the complex questions of property law. Further, it was contended that the State has over-reached its legislative power in barring the power vested with the Civil Courts under section 9 of the Civil Procedure Code, 1908, to adjudicate upon disputes of civil nature.

Another issue raised by the petitioners was about the “transfer application” the Act intends to introduce. Sub-section 31 of section 2 states that to transfer any immovable property, a transfer application has to be filed.

“It is pertinent to that the prevailing procedure for transferring title or right or interest in an immovable property is done by executing registered document before registration officer. As such this sub-section is over riding the procedure stipulated under section 34 of Registration Act, which is a Central Act holding the field, so the Land Titling Act, 2022 be declared unconstitutional.”

The petitioners also criticized the Act for non-inclusion of testimony transfers, which is stated to be in direct conflict with the Transfer of Property Act 1882, a Central Act.

It was also challenged on the ground that it provides for the preparation of records based on existing records and desires to introduce new legislation without repealing the old and existing judicial mechanism.

Case no.: WP(PIL) 215 of 2023

Counsel for petitioner: Y. Balaji

Counsel for Respondent: The Advocate General & GP for Law and Legislative Affairs.