Land Acquisition Act 1894 715d1u

INDEX Sl. No.

Item

Page No.

Background note

3 – 20

Important Instructions

21 – 50

2. 3.

District and State level Negotiation Committee Rules

51 - 74

5.

Instruction on Land Assigned

75 - 82

6.

Award

83 – 84

7.

Decretal Charges

85 -152

8.

Forms

153 – 185

9.

G.O. Ms. NO. 357 Revenue (LA) Dept., dated 22-3-2006 – Guidelines for valuation of orchards in the State

186 - 252

1.

2

LAND ACQUISITION – IMPORTANT FEATURES I.

PREAMBLE 1.1

Concept and Objective : With the enormous expansion of State’s activity in promoting public welfare, acquisition of private lands for public purpose has become far more numerous than ever before. Promotion of public purpose to be however balanced with the rights of individuals, whose lands are acquired depriving them of their livelihood, while at the same time keeping in view the interests of the State. State Government have power to acquire private lands under the exercise of Eminent domain for any public purpose and for companies under the L.A. Act 1894. If land not already property of Government is permanently required for a public purpose to be invariably acquired under the Act as it confers an indefeasible title (BSO 90(1)(ii)).

1.2

Constitutional Provisions: Article 31-A of the Constitution of India stipulates payment of compensation at a rate which shall not be less than the market value.

1.3

Acquisition by the State does not infringe any of the rights conferred by Article 14 or 19 of the Constitution of India. (Equality before Law and right to freedom)

1.4

L.A. (Amendment) Act, 1984 came into force with effect from 1984.

24-09-

1.5

Date of introduction of Bill in the House of the People is 1982.

30-04-

1.6

Transitional Provisions :i)

Provisions of sub-section (1-A) of Section 23 (Addl. Market Value) of the Principal Act apply to every proceedings for acquisition, pending on 30-04-1982 and Proceedings commenced after that date and completed or pending as on 2409-1984 i.e. the commencement of the Amendment Act – Refer Section 30 of the Amendment Act.

ii)

Provisions of sub-section (2) of Section 23 (Solatium) and Section 28 (Interest to be awarded by Court) apply to awards of

3

Collectors and Courts ed after 30-04-1982 and before 2409-1984. iii)

2.

Provisions of Section 34 (Interest to be awarded by Collector) apply to (a) cases of possession of land taken before 30-041982 and compensation not paid till such date, w.e.f. that date i.e., 30-04-1982 and (b) to cases where possession taken on or after 30-04-1982 but before 24-09-1984 without payment of compensation with effect on and from the date of taking possession.

DEFINITIONS

2.1

“Land” includes benefits to arise out of land and things attached to the earth. – Refer Section 3(a)

2.2

“Person interested” includes all persons claiming an interest in compensation. A person shall be deemed to be interested in land, if he is interested in an easement affecting the land (Section 3(b) of the Act). Beneficiary is also a person interested – Refer Neyvely Lignite Corporation Ltd., Vs Special Tashildar (LA) (1995)1-S.C.C 221 Also refer Section 50-2.

2.3

“Collector” means the Collector of a District and any officer, specially appointed by Government to perform the functions of a Collector under the Act. (Section 3(c) of the Act).

2.4

“Court” means a Principal Civil Court of original jurisdiction. (Section 3(d) of the Act)

2.5

“Corporation” owned or controlled by the State means any body corporate established under a Central or State Act and includes a Government Company, as defined in Section 617 of the Companies Act 1956 (Section 3(C.C)).

2.6

Company means a Company as defined in Section3 of the Companies Act 1956, other than a Government Company, a ed Society and a Cooperative Society (Section 3 (e)).

2.7

“Public purpose” includes a purpose which the general interest of the Community, as opposed to the particular interest of individuals is directly or vitally concerned. It generally includes provision and extension of village rites, provision of land for town and rural planning, provision of land for planned development from public funds, provision of land for a Government Corporation provision of land for residential purposes to the poor, provision of land for carrying out any 4

3.

educational, housing, health or slum clearance scheme, sponsored by Government or a local authority, but does not include acquisition of land for Companies. (Section 3 (f) of the Act). DELEGATION OF POWERS AND DUTIES TO THE DISTRICT COLLECTOR 3.1

II.

State Government may, by Notification in the official Gazette, direct that any power conferred or any duty imposed on them by the Act be exercised or discharged by the “District Collector” (Section 3-A of the Act)(Inserted by State Amendment Act 22 of 1976)

PRELIMINARY PROCEEDINGS

4.1

While selecting land for acquisition, Requisitioning Department to see that the public interest and Government interests are considered. (BSO 90(3)).

4.2

Requisitioning Department to send application in Form-1 to the L.A.O marking copy to the District Collector indicating purpose of acquisition, provision of funds along with a plan of the land, details of S.No. wise extents, boundaries and the name and designation of the officer nominated for t inspection. (BSO 90(6)(ii)).

4.3

In scheduled areas, before taking up acquisition, Gram Sabha or Panchayat to be consulted as per Panchayats (Extension to the Scheduled Areas) Act, 1996. – Refer Govt. Memo No.22836/ LA(2)/99 Revenue (L.A) Department dated.10-01-2001.

III.

DRAFT NOTIFICATION STAGE

5.

DRAFT NOTIFICATION U/S 4(1)

5.1

Meant for information of the people concerned and shows the intention of the Government to acquire a particular land.

5.2

Also empowers the authorised officers etc., to enter upon the land and conduct survey etc.,

5.3

Date of Publication of the Notification crucial for determination of the market value of the land.

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5.4

Government or the District Collector to publish Notification U/S 4(1) of the Act in the official Gazette and in two daily News Papers of which atleast one shall be in regional language.

5.5

Public Notice of the substance of Notification also to be given in the locality.

5.5(a) State Amendment of Section 4 regarding service of public notice within 40 days from 4(1) Notification got diffused on introduction of Central Amendment Act, 68 of 1984. Refer Article 254 of the Constitution of India. Also refer 1996-LACC (Suppl.) 538-S.C 5.6

The last of the dates of publication shall be the date of publication.

5.7

The Notification has to be issued in Form 2-A for the purpose of State and in Form 2-B for the purpose of the Union. It serves a two fold purpose. One is to decide whether the land is needed for a public purpose. The other one is to give an opportunity to persons interested to put forward their view that the land is not required for a public purpose. There shall not be any delay at Draft Notification stage to avoid escalation in the market value.

5.8

Cases of inclusion of Government lands and Government assigned lands in the Draft Notification and Draft Declaration noticed. On the directions of the Courts, awards had to be ed resulting in avoidable heavy expenditure and consequential enhancement of compensation. No land which is already property of Government to be acquired. (Para 1(i) of BSO 90).

Government cannot acquire it’s own land – 1995 - Supplementary (3) S.C.C. Cases 249. 5.9 (i) Civil Court jurisdiction in L.A barred –Refer 1999-6 ALT 122.

Page

(ii) Civil Court not to entertain Suits on L.A. Refer - 2005 – L.A & C.C 557. (iii)Questioning 4(1) Notification before Civil Court barred – Refer 1995S.C 1955. 5.10

After 4(1) Notification is issued, L.A. proceedings can be cancelled by Notification in Form-25, in case lands not required.

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IV.

7.

8.

DRAFT DECLARATION STAGE

6.1

Enquiry U/S 5-A : Any person interested may, within thirty days of causing public notice U/S 4(1), object to the acquisition of land. (Section 5-A(1)of the Act).

6.2

Every objection shall be made to the Collector in writing. (Section 5A(2).

6.3

Collector to give to the objector an opportunity of being heard and after hearing and further inquiry, to make a report, containing his recommendations to the Government or the District Collector for decision and such decision shall be final. (Section 5-A(2) of the Act).

6.4

Notice U/s 5-A shall be in Form-3.

SURVEY AND SUB-DIVISION WORK 7.1

Demarcation and Sub-Division work based on enjoyment on ground to be taken up immediately after publication of 4(1) Notification, after service of notices U/S 6 of the S&B Act, 1923.

7.2

Sub-Division records to be got scrutinised by the DIOS, concerned.

DRAFT DECLARATION U/S 6 8.1

Government or the District Collector, after considering the report U/S 5-A, to make declaration U/S 6 of the Act within one year from the date of publication of the Notification U/S 4(1). (Section 6(1) of the Act).

8.2

Period of stay, if any, granted by a Court to be excluded.

8.3

To be published in the official Gazette and in two daily News Papers of which at least one shall be in regional language. (Section 6(2) of the Act).

8.4

Collector to cause public notice of the substance of such declaration to be given at convenient places in the locality. (Section 6(2) of the Act).

8.5

The last of the dates of such publication to be the date of publication of the declaration. (Section 6(2) of the Act).

8.6

Such declaration shall be the conclusive evidence that the land is needed for a public purpose. (Section 6(3) of the Act). 7

9.

8.7

After the declaration, Collector to take order for acquisition. (Section 7 of the Act).

8.8

No such declaration to be made unless the compensation to be awarded is to be paid wholly or partly out of public revenues or some fund controlled or managed by a local authority. (Section 6-1 of A.P. Act 22 of 1976 – Section-2).

8.9

The Declaration shall be issued in Form 5-A for the purposes of the State, in Form 5-B for the purposes of the Union and in Form 5-C for a local authority.

8.10

Draft Declaration proposal to be accompani ed by record of enquiry U/S 5-A, objection petitions and a statement reconciling the particulars of Draft Notification with those of Draft Declaration.

8.11

Structures, trees etc., affected also to be included in the Notification U/S 4(1) and Declaration U/S 6.

8.12

Any changes in proposed acquisition to be incorporated by way of Amendment / Addendum / Errata to the D.N and D.D.

SPECIAL POWERS IN CASE OF URGENCY 9.1

In case of urgency Collector may, on the direction of the government or the District Collector take possession of any land needed for public purpose on the expiry of fifteen days from the publication of the notice under Section 9(1) before ing award. Such land shall there upon vests with the Government free from all encumbrances. (Section 17(1) of the Act).

9.2

Applies to any waste or arable land. (Explanation under Section 17(1) of the Act).

9.3

Certain instances of urgency illustrated in Section 17(2).

9.4

Before taking possession, Collector shall tender payment of 80% of the compensation to persons interested. (Section17 (3-A)(a) of the Act).

9.5

In case urgency, provisions are invoked, provisions of Section 5-A shall not apply, and a declaration may be made U/s 6, after causing public notice U/S 4(1). (Section 17(4) of the Act).

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9.6

The question of urgency of an acquisition under Section 17(1) and (4) is a matter of subjective satisfaction of the Government.

9.7

It should be decided whether on the date of Notification there is urgency or not. Simultaneous Publication of 4(1) Notification and Declaration U/S 6 can be made. At least one day gap is mandatory between Section 4(1) Notification and Declaration. (Sec 1997(9) Sec 132).

9.8

9.9

State Amendment of Section 17(5) regarding taking possession within three months of causing public notice became repugnant after Central Amendment. -

V.

Refer Article 254 of the Constitution of India and 1991(1) APLJ 330 (D.B).

PRELIMINARY VALUATION STAGE

10.1

Details of ed sale transactions for a period of three years, preceeding the date of 4(1) Notification to be obtained from the SubRegistrar concerned and shown in a combined sketch.

10.2

Valuation of structures, trees etc., also to be got prepared by concerned.

10.3

Statement to be prepared and submitted in Form-4 and got approved by the t Collector / Special Collector concerned.

VI.

AWARD STAGE

11.

AWARD ENQUIRY NOTICES 11.1

Collector to cause public notice to be given at convenient places on or near the land to be acquired inviting claims to compensation for all interests in land. Notice to be in From-6. (Section 9(1) of the Act).

11.2

Such notice to state particulars of land so needed, requiring all persons interested to appear personally or by agent before the Collector at a time and place specified and to state in writing the nature of their interest, amount and particulars of their claims to compensation and objections to measurements. Such time not to be earlier than 15 days after the date of publication of the notice. (Section 9(2) of the Act). 9

12.

11.3

Collector also to serve Notice on the occupier of the land and on all persons interested. Notice to be in Form-7. (Section 9(3) of the Act).

11.4

Section 9 thus mainly intended to give notice of intention to acquire and gives an opportunity to all persons interested to put forward their claims.

ENQUIRY AND AWARD BY COLLECTOR 12.1

On the day fixed, Collector to enquire into the objections of the persons interested, to the measurements, value of the land at the date of the publication of the Notification U/S 4(1) and into the respective interests of the persons claiming compensation and make an award of (i) (ii) (iii)

True area of the land Compensation to be allowed and the apportionment of compensation interested. (Section 11(1) of the Act)

among

all

persons

12.2

No award to be made by the Collector without the previous approval of the State Government or the superior officer, authorised by the State Government. (Proviso to Section 11(1) of the Act).

12.3

District Collectors, t Collectors and Special Collectors authorised to accord approval to the awards vide Notification issued in G.O.Ms.No.1843 Revenue(k)Department, dated. 13-12-1984.

12.4

Award is merely an offer made on behalf of Government to the owner of the property. - Refer Raja Harish Vs Dy. LAO (1962) - SCJ 696 AIT 1961 – SC 1500 - 69 Bombay - L.R 1967 – Mah. LJ 505 – AIR 1968 – Bombay 31.

12.5

Award deemed to be made when Collector draws up and signs the same. It shall be in the from prescribed i.e., Form-8. - Refer AIR 1991 – Del 132.

12.6

Award becomes final, when filed in Collectors’ Office. (Section 12(1) of the Act)

12.7

Award takes effect, after communication to persons interested. - Refer 1957 – ALT 34 (NRC)

12.8

Separate awards for different interests in the same land not to be ed. LAO to award for a particular land extinguishing all

10

interests of a person in the land to get absolute title free from all encumbrances.

12.9

- Refer Para 4 – Chapter VIII – B.S.O. 91. - Supplemental awards prohibited – Refer BSO 90, Para 17. Award to be ed within two years from the date of publication of Draft Declaration U/S 6. (Section 11-A of the Act).

12.10 In cases where advance possession of land is taken, limitation period of two years does not apply. -

Refer AIR 1993 – S.C. 2517 and Government Memo No.63070/ LA2/98 Revenue (L.A) Department dated.30-03-1999. 1998 (4) ALT 554, 1996 SC 122, 1996(6) SCC 425.

12.11 Period of stay, if any, granted by a Court to be excluded. (Explanation under Section 11-A of the Act). 12.12 Provision made for ing consent awards as per the agreement with the persons interested. (Section 11(2) of the Act). 12.13 Government made rules in – (i) G.O.Ms.No.1050 Revenue (L.A) dt.17-10-1992 read with G.O.Ms.No.594 Revenue(L.A) dt.10-08-1998 etc., constituting the District Level Committee, under the Chairmanship of the District Collector and in (ii) G.O.Ms.No.431 Revenue(L.A) dt.18-6-1998 constituting the State Level Negotiation Committee, under the Chairmanship of the CCLA for the above purpose. 12.14 Provisions of Section 18 not applicable in consent awards. 12.15 Only clerical or arithmetical mistakes in the award may be corrected by the Collector within six months from the date of award or before making reference to the Court U/S 18. (Section 13-A of the Act) – 1999-3 ALT – Page 227. 12.16 Even Government also cannot question L.A.Os’ award since it is made on its behalf. - Refer 1996(6) – SCC 454 12.17 Government empowered to call for any record of proceedings (whether by enquiry or otherwise) before the award is made and such order or direction – Refer Section 15-A.

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12.18 Land once acquired for a public purpose and vested with Government not to be reconveyed to original owners. It shall be used for any other public purpose. - Refer 1996(6) SCC 405. Also refer G.O.Ms.No.783 Revenue (L.A) Department dt.9-10-1998. - Refer 2005 (1) ALT 36 SC, 2005(1) SCC 545, 2004 SC 850, 2003 SC 234. 12.19 Matters to be considered in determining Compensation : Market value of the land at the date of publication of Notification U/S 4(1) and damages sustained by land owner at the time of taking possession of the land. (Section 23(1) of the Act). 12.20 Market value means the price which the asset would fetch in the open market. It is also the price paid by a willing Purchaser to a willing Vendor. It should be just and reasonable. 12.21 Comparative sales method of valuation, though not always conclusive, is preferred because it furnishes evidence. Sale must be genuine transaction. Sale must have been done at the time proximate to date of 4(1) notification. Land covered by sale must be in the vicinity. Land covered by sale must be similar to land acquired. The size of the land covered by sale to be comparable to land acquired. 12.22 When not possible to secure comparable sales, to resort to capitalisation method by multiplying the annual yield by ten years multiplier. – 1996 SC 106. - Refer Addl. Spl. LAO Vs Y.B.Chalwadi (1994) 3 – SCC 323. 12.23 The other methods are (i) opinion of experts and (ii) a number of years’ purchase of the actual or immediately prospective profits of the land acquired. These two methods are to be generally resorted to in the case of lands with buildings, topes etc., - Refer AIR 1959 – SC 429 12.24 Separate market value for wells, topes and buildings not allowable. In such cases, capitalization method is to be adopted. - Refer O.Janardhan Reddy Vs SDC, LA, Unit IV, LMD, Karimnagar, A.P. – AIR 1995 SC 186 – AIR 1963 A.P. 466. AIR 1959 S.C 429 – 1992(2) ALT 187. 12.24 Other components of compensation : (i)

Amount of 12% (Additional Market Value) per annum on market value for the period from the date of publication of 4(i) Notification to the date of award or the date of taking possession of land whichever is earlier. In computing the period, the period covered by Court stay to be excluded. (Section 23-1A of the Act). 12

Here possession means possession taken under Sections 16 and 17 and not possession taken prior to 4(1) Notification which is not lawful – Refer 2003(9) Scale 637 – 2004(9) SCC 337, 2004(1) LA CC 158. Thus, additional market value payable from the date of 4(1) Notification and not for the period prior to 4(1), though possession taken. (ii)

Sum of 30% (Solatium) on market value in consideration of compulsory nature of acquisition. (Section 23(2) of the Act).

(iii)

Interest @ 9% per annum on compensation from the date of taking possession of land till it is paid or deposited. (upto one year) If the amount not paid within one year @ 15% per annum from the date of expiry of one year till it is paid or deposited. (Section 34 of the Act).

(iv)

Interest @ 9% per annum on compensation enhanced by Courts from the date of taking possession of land till it is deposited into the Court. (within one year) If it is beyond one year, @ 15% per annum. (Section 28 of the Act).

(v)

Interest payable on all items of compensation, including solatium – Refer C.A.No. 6271/1998 and Batch dated. 19-92001 – Supreme Court of India.

(vi)

Such obligation to pay interest under a Court Decree to be limited to the language of the decree as finally settled. – Refer Govt. Memo No.25646/ LA2/2002 Revenue (L.A) Department dt.12-11-2002 (with former A.G’s considered opinion).

(vii)

Award of interest U/S 34 in case possession taken prior to 4(1) Notification not permissible. Land owner entitled to only rent / damages for use of land for that period. - Refer AIR 2004 S.C Page 1904-2004(4) SCC 79 – JT 2004(3) SC 272.

(viii)

Grant of interest beyond statute not permissible. - Refer 2001(1) LACC 77(FB) Calcutta High Court (2) 1995(6) SCC 233.

12.25 Amount of compensation awarded by Court not to be lower than amount awarded by Collector. (Section 25 of the Act).

13

the

13.

Matters to be neglected in determining compensation :-

Degree of urgency, disinclination of the person interested, damage caused by a private person, increase in the value of the land, improvements made after 4(1) Notification etc., VII.

POST AWARD STAGE 14.1

Collector to give immediate notice of his award to the persons interested as are not present when award made. (Section 12(2) of the Act). – Refer format prescribed by Government in Memorandum No.109065/ LA2/90 Revenue (LA) Department dt.25-3-1991. Copy of Award Proceedings need not be given

14.2

On making award, Collector to tender payment of compensation to persons interested. Acquittance to be taken in form CC of Appendix I. (Section 31(1) of the Act).

14.3

Owing to any dispute as to apportionment or persons entitled to receive compensation, Collector to refer such dispute to Court. (Section 30 of the Act).

14.4

In case of any dispute as to title or apportionment, Collector to deposit the amount of compensation in the Court in Form ”D” of Appendix I. (Section 31(2) of the Act).

14.5

Collector may, with the sanction of Government, grant other lands in exchange in lieu of cash compensation. (Section 31(3) of the Act) – 1991(1) APLJ 476 – 1990(2) – L.S. 360.

14.6

Details of payment of compensation, acceptance or otherwise and amounts not disbursed to be furnished to A.G in Form “A” and “A.A”.

14.7

In case any awardee does not turn up to receive compensation, amount to be deposited in Revenue Deposits inform “E” of Appendix I.

15.1

Collector to take possession of the land after award is made. Thereafter Land shall vest with the Government free from all encumbrances. (Section 16 of the Act) Also refer Govt. Memo No. 55284/LA2/99 Revenue(L.A)Department dt.27-04-2000 regarding taking possession of Land.

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15.1(a) In case of urgency possession can be taken U/S 17(1) though no award made, after expiry of fifteen days from publication of notices U/S 9(1) & 9(3). (b) advance possession of lands not to be taken without recourse to law.

16.

15.2

Recording of Panchanama by Collector in the presence of witnesses signed by them, would constitute taking possession of Land. - Refer 1998 – SC1608 (L&T) 1996-SC 3377.

15.3

Government becomes owner only on taking possession of land and not on ing award. - Refer ILR (1972)2 Cal 226

15.4

The Notice to take possession from the land owner shall be in Form-10 and the letter to the Department for taking possession shall be in From-11.

INCORPOR ATION OF CHANGES IN VILLAGE AND MANDAL S 16.1

Sub divisions necessitated by acquisition to be sanctioned by L.A.O.

16.1

(a) MRO to enter changes in Mandal No.7 and also in 8-A, if new fields are formed.

16.2

Then changes to be incorporated in Village s i.e, permanent “A” , No.2, 3 and 4.

16.3

New field maps to be inserted in the field Measurement Book / Tippan.

16.4

Issue of Notices U/S 9(2) of Survey and Boundaries Act 1923.

16.5 16.6

Final scrutiny of S.D. Records. Submission and publication of Notification U/S 13 of the S & B Act 1923.

17.

Then L.A.C.M to be submitted.

18.

Information to be furnished to Registration Department on lands taken possession under Section 16 & 17 in Form – 13. - Refer Para 19(iii) of BSO 90.

19.1

Person interested not accepting the award may, by written application to Collector, require the matter to be referred to Court, objecting to the measurements, amount of compensation, persons entitled to it or apportionment. (Section 18(1) of the Act).

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19.2

Application to be made within six weeks in case the person is present time the Collector made his award. - Refer Proviso (a) of Section 18(2).

19.3

In other cases within two months from the date of service of notice under Section 12(2). - Refer Proviso (b) of Section 18(2). Limitation Act has no application LAO / Civil Court has no power to condone the delay in filing Section 18 Application. - 1996(9)SCC414 2002(5)ALD 564.

19.4

Two conditions are to be satisfied for reference U/S 18 i.e., application to be filed within limitation and the compensation should have been received under protest. 1979 SC 404.

19.5

Onus to prove that compensation awarded is inadequate lies on the claimant. - Refer ILR (1972)2 Delhi 780 : AIR 1975 MP 46 (50)38 Cut. LT 1157 (DB)

19.6

Collector to make reference to Civil Court, furnishing details as mentioned in Section 19 in the form prescribed in Para(18) of Principles & Practice. (Section 19(1) and (2) of the Act).

19.7

Collector competent to withhold Section 18 applications, if requirements are not complied with. - Refer AIR 1927 Mad 282.

19.8

Undue delay in making reference results in escalation of interest. - 1991 – S.C 1080. After Section 18 reference is made to Court, Collector to go to witness box adduce proper evidence, both oral and documentary and defend his award, contradicting the claims of the awardees.

19.9

at the

19.10 After reference Court or High Court delivers Judgement, Collector to obtain certified copies of Judgement and Decree without delay, to examine grounds of Appeal in consultation with the G.P. concerned and to take action for filing Appeal in case there are grounds. 19.11 Otherwise to take action for sanction and payment of decretal charges without giving scope for Contempt Cases / E.Ps. 19.12 In the cases of interim orders ed by the High Court / Supreme Court granting stay of lower Court’s orders, action to be taken by Collector within the stipulated time either to comply with the orders or otherwise. 19.13 Otherwise, it may result in automatic vacation of stay and ultimate dismissal of Appeal.

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19.14 If necessar y, extension of time to be sought for in advance. 19.15 Appeal lies from orders of reference Court to High Court and those of High Court to Supreme Court. 19.16 Time limit is 90 days. - Refer Article 133 – C of Indian Limitation Act, 1963. a) Concerned authority can file appeal in the Supreme Court on the advice of the Government Law Officer, concerned without seeking prior permission. - Refer G.O.Rt.No.146 Law (L) Department dt.8-2-2001. 19.17 In respect of L.A cases relating to Irrigation Department, Government issued orders in G.O.Ms.No.34 I & CAD (P.W) Department dt.8-3-2004 constituting District Level L.A. Monitoring Committee under the Chairmanship of the t Collector to examine and take decision for sanctioning decretal charges in cases where enhancement is above 50% and below 100%. 19.18 Government in I & CAD Department also issued further orders in G.O.Ms.No.119 I & CAD(P.W) Department dated.13-10-2004, authorising District Collectors / Special Collectors to take decision for sanction of decretal charges where enhancement is 100% or more if the additional financial involvement is less than Rs. One lakh. 20.

REDETERMINATION OF COMPENSATION 20.1

In case the Civil Court enhances compensation, persons interested in other lands, covered by same notification may, if they are also aggrieved by Collectors’ award, seek redetermination of compensation within three months from Court’s award, provided they have not filed application U/S 18. (Section 28-A(1) of the Act)

20.2

Ingredients for filing application U/S 28-A : (i) Application to be made to Collector within three months from the date of Civil Court’s award. (ii)

Award should have been made by Court after Section 28-A came into force.

(iii)

Applicant should have been a person interested in other lands covered by same Notification U/S 4(1).

(iv)

Applicant should not have made application U/S 18.

(v)

Applicant to make only one application U/S 28-A.

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(vi)

21.

22.

Section 28-A applies to only Civil Court order in O.P and does not apply to orders of Appellate Court i.e, High Court. - Refer Section 28-A (1) 1995 – SC 2259 1997 – SC 1793 – CLR’s Ref. No.G1/3629/90 dt.31-121990.

20.3

On receipt of application U/S 28-A, Collector to conduct enquiry and make an award determining the amount of compensation. (Section 28A(2) of the Act).

20.4

Any person not accepting Collector’s award U/S 28-A(2) may file application U/S 18 for reference to Civil Court. (Section 28-A(3) of the Act).

20.5

When State filed Appeal on enhancement of compensation by Civil Court, redetermination U/S 28-A to be awaited. - Refer 1995(2) ALT 32 (SC).

TEMPORARY OCCUPATION OF WASTE OR ARABLE LAND 21.1

Government may direct Collector to procure and use any waste or arable land on temporary basis upto three years on payment of compensation to persons interested as mutually agreed. (Section 35(1) and (2) of the Act).

21.2

Acquisition of lands for Companies is governed by Sections 39 to 44-B and L.A (Companies) Rules 1963.

21.3

Previous enquiry, previous consent of the Government and Agreement with the Government are required. (Sections 39, 40 & 41 of the Act).

21.4

Government shall by Notification in the official Gazette to constitute a Committee called the L.A. Committee. (Rule 3).

21.5

The purpose of acquisition is to be either for erection of dwelling houses for workmen, provision of other amenities, construction of some building or work for public purpose. (Section 40 of the Act).

ENFORCEMENT OF SURRENDER OF LAND ACQUIRED In case of opposition in taking possession of land, Magistrate to enforce surrender of land. (Section 47 of the Act).

18

23.

Owner may require Collector to acquire whole of the land or building in case only a part is proposed for acquisition, owing to severance. (Section 49 of the Act).

24.

Government at liberty to withdraw from the acquisition of any land of which possession not taken, Notification to be published in the Form prescribed. (Section 48(1) of the Act).

25.

In such cases compensation towards damages payable. (Section 48-2 of the Act). Government empowered to make rules consistent with the Act for the guidance of officers. (Section 55(1) of the Act).

26.

VIII.

GOVERNMENT ASSIGNED LANDS :

27.1

Assigned lands involved in acquisition not to be taken possession issue of formal resumption orders by competent authority.

27.2

In all such cases, exgratia to be paid as per G.O.Ms.No.1307 Revenue (Assign I) Department dt.23-12-1993 and subsequent orders issued in G.O.Ms.No.135 I & CAD (P.W – R&R) Department dt.30-11-2004 (In respect of lands acquired on consent award basis).

- Refer Govt. Circular Memo No.76553/ Assgn I(1)/98-2 Revenue Department, dated.27-05-1999.

without

(Assgn I)

IX.

REHABILITATION AND RESETTLEMENT POLICY :

28.1

Government, vide G.O.Ms.No.68 I & CAD(P.W-L.A IV – R&R) Department dt.8-4-2005, evolved R & R Policy for project affected families.

28.2

It, interalia, involves allotment of Government land / acquired land, free house site, grant for house construction, cattle shed, transporting materials, wages, subsistence allowance etc.,

28.3

Government, vide G.O.Ms.No. 637 Revenue (LA) Department dated. 9-52005, constituted State Level Monitoring Committee under the Chairmanship of the Principal Secretary, Revenue for reviewing and monitoring progress of implementation of the scheme.

28.4

Special Commissioner, O/o CCLA, appointed as Commissioner Rehabilitation & Resettlement. - Refer G.O.Ms.No. 638 Revenue (LA) Department dated.9-5-2005. 19

of

28.5

Officer not below the rank of t Collector to be appointed by as for Resettlement and Rehabilitation.

28.6

Cost of R & R to be integral part of cost of the Project and the requiring body to provide funds. - Refer G.O.Ms. No.68 I&CAD(P.W L.A–R&R)Department dt.8-4-2005.

X.

TARGETS FIXED FOR LAND ACQUISITION IN RESPECT OF IRRIGATION PROJECT S (Per L.A. Unit) : Sl.No.

Category

Target per Year

1) 2) 3) 4) 5)

Submergence Villages Main Canal Branches & Distributories Roads Field Channels

2000 1000 750 750 300

XI.

Government

Acres Acres Acres Acres Acres

Refer Boards’ L.Dis.NSP1/1678/67 dated. 13-6-1967. (Reiterated in C.P.Rt.No.239/82 dated.15-2-1982)

Time frames prescribed by CCLA for completion of L.A Proceedings to be followed – Total period 81 days. - Refer CCLA’s D.O.Lr.No.G1/884/2004 dated.15-07-2004.

*****

20

PROFILE OF LAND ACQUISITION UNIT 1.

Name of the Land Acquisition Unit

:

2.

Name of the Project for which land is required

:

3.

Name of the L.A.O**

:

4.

Name of the Requisitioning Dept., & Date of receipt of Requisition

:

5.

Purpose of Acquisition

:

6.

Provision of Funds

:

7.

No. of Reaches involved

:

8.

Names of the Villages and extents involved under Acquisition :

Name of the Village

Wet

Dry

Extent involved under Acquisition (in Acrs) Assigned Allotted Govt. lands Total lands surplus ceiling (Poramboke) lands

9.

Dates of inspection of Lands under Acquisition by LAO & Authorised Officer of Requisitioning Dept.,

:

10.

Date of approval by the Collector

:

11.

D.N

D.D

Modes of publication of 4(1) : Notification & Draft Declaration(6) in case of urgency provisions invoked Date of publication Names of News Date of causing in the Official Gazette Papers & Date publication of the substance of the Notification in the locality D.N D.D*

21

* There should be gap of atleast one day between D.N & D.D Publication. Note:- Govt. / Assigned / Allotted surplus lands should not be included in the D.N & D.D.

12.

Date of submission of P.V.Statement to Collector by LAO (Form 4)

:

13.

Date of approval of P.V.Statement by Collector

:

14.

Date of causing public notice at convenient places on or near the land, intending to take possession of the land and calling claims from the interested persons(Section 9(1))

:

15.

Date of service of notice on the Occupier if any and on all interested persons

:

16.

Date of Enquiry by LAO into measurements, value & claims (Section 11)

:

17.

Date of ing Award and extent acquired (Section 11)

18.

Date of filing Award copy in the Collectorate (Section 12(1))

19.

Date of payment of compensation and taking possession of the land (under Panchanama)

: :

:

20.

Date of handing over possession to the requisitioning dept.,(Form 11)

:

21.

Date of filing Application by the Awardee requesting reference to the Court under Section 18

:

22.

Date of reference to the Court by LAO

:

23.

Dates of making necessary entries in Mandal s 7 & 8(A)

:

22

24.

Date of publication of Notification under Section 13 of A.P. Survey & Boundaries Act in Gazette

:

25.

Date of submission of Check Memo in Form 21 to the Collector

:

** As soon as LAO assumes charge, he must the staff appointed are taken charge and inputs required are available, other wise he must make a report to the next higher authority about the deficiencies in the Unit. *******

23

CERTAIN IMPORTANT MANDATORY PROVISIONS IN L.A. ACT, 1894

•

Publication of D.N U/S 4(1) and D.D U/S 6 in four modes viz., Official Gazette, two newspaper s (one in regional language) and locality.

•

Objections to be filed by persons interested in writing against acquisition U/S 5-A within thirty days of causing public notice U/S 4(1).

•

Publication of D.D. U/S 6 within one year from the date of publication of 4(1) Notification, excluding period covered by Court stay, if any.

•

At least one day gap essential in simultaneous publication of 4(1) Notification and Declaration U/S 6.

•

In case urgency clause invoked U/S 17(1), possession can be taken only on expiry of fifteen days from the date of publication of notices U/S 9(1) and 9(3) and not earlier.

•

In such case, 80% of the compensation to be paid to persons interested.

•

Award enquiry notices U/S 9(1) and 9(3) to be invariably served on all persons interested and at convenient places on or near the land within fifteen days prior to the date of award enquiry.

•

Award not to be made without previous approval of State Government or the Officer authorised.

•

Award to be ed within two years from the date of publication of D.D. U/S 6, excluding the period covered by Court stay, if any.

•

In case, advance possession of land taken, limitation period of two years does not apply.

•

Land once acquired for a public purpose and vested with Government not to be reconveyed to original owners. To be used for any other public purpose.

•

Separate awards for different interests in same land not to be ed.

•

Improvements made after publication of 4(1) not to be compensated.

•

12% additional market value and interest U/S 34 not payable for the period prior to publication of 4(1) Notification, in case possession of land taken.

•

Interest payable on all items of compensation, subject to Court Decree.

24

•

Section 12(2) notice to be served on all persons interested as are not present, when award made.

•

In case of dispute as to ownership, apportionment of compensation etc., reference to be made to Civil Court U/S 30 and amount deposited into the Court U/S 31(2).

•

While taking possession of land, panchanama to be recorded.

•

Applications U/S 18 to be filed before Collector within six weeks in case person interested is present when award made.

•

In other cases within two months from the date of service of Section 12(2) notice.

•

Application to be in writing and compensation should have been received under protest.

•

Six ingredients to be fulfilled in redetermination of compensation U/S 28-A.

•

Withdrawal of L.A. Proceedings not to be resorted to after possession of land taken.

* * * * * *

25

GOVERNMENT OF ANDHRA PRADESH Land Acquisition – Reconveyance of the lands acquired under the Land Acquisition Act 1894 to the Original Owners – Substitution of para 32 of B.S.O-90 – Orders – Issued. -----------------------------------------------------------------------------------------------------------REVENUE (LA) DEPARTMENT G.O.Ms.No. 783

Dated: 09-10-98. Read the following :-

From the Commissioner of Land Revenue, Andhra Pradesh, Hyderabad Letter No. G1/9/1997, dated. 20.1.1997. ORDER The following amendment is issued to B.S.O - 90 para (32) AMENDMENT For paragraph 32 of B.S.O. 90, the following paragraph shall be substituted, namely : PARA 32 Utilisation of acquired lands for any other Public Purposes : “The Land Acquired for a public purpose under the Land Acquisition Act, 1894 shall be utilized for the same purpose for which it was acquired as far as possible. In case, the land is not required for the purpose for which it is acquired due to any reason, the land shall be utilized for any other public purpose, as deemed fit, including afforestation”. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

G.SUDHIR Secretary to Government. *******

26

CIRCULAR INSTRUCTION UNDER SEC. 11-A OF L.A. ACT GOVERNMENT OF ANDHRA PRADESH Ms. No. 63070/LA2/98 999

Dated: 30-03-

Sub: Land Acquisition – Acquisition of Lands for public purpose – Invoking of urgency clause under Section 17 (1) of the Land Acquisition Act – ing of award under Section 11-A of the L.A. Act. Ref:1. Letter No.Mis/LA/PRR Dt. 5-8-1998 of the Govt. Pleader for L.A., High Court of Andhra Pradesh 2. Commissioner of Land Revenue’s Ref. NoG1/1287/987 Dt.28-8-98. ******* The Government Pleader for Land Acquisition, High Court, Andhra Pradesh, Hyderabad has brought to the notice of the Government that in several instances the Land Acquisition Officers have issued successive notifications under Sections 4 and 6 of the L.A. Act. 1894 on the ground that award has not been ed within the period of two years as stipulated under section 11-A of the Land Acquisition Act. 1894 and the notifications were issued earlier invoking urgency clause under Subsection (4) of Section 17 of the Land Acquisition Act, 1894 and possession was taken over and the lands vested in the Government. In the similar circumstances the High Court of Andhra Pradesh relying on the Judgement of the Supreme Court in AIR 1993 SC 2517 while disposing of the W.P. Nos. 7984 and 7997 of 1996 directed the respondent s to award basing on the notification issued in 1989, without issuance of fresh notification. Thereafter the Government Pleader advised the Collector concerned to award basing on the notification issued in 1989. The learned Advocate General has also advised the Government to issue instructions to Land Acquisition Officers to award basing on the earlier notification, without issuance of any fresh notification. 2. The Government Pleader has referred to a particular case in W.P.No 17156/96 before a single Judge, in which three successive notifications were issued under an erroneous impression that the first notification dated 27-3-1980 has lapsed in view of non-ing of award within the stipulated time under Sec. 11-A of the Land Acquisition Act 1894 ignoring the fact that urgency clause was invoked the render and possession was taken over and land vested absolutely in Government free from all encumbrances. The learned single Judge allowed the said W.P. directing the Respondents to pay compensation basing on the latest notification dt. 3.6.1995. On appeal the Division Bench of the High Court in W.A. Nos. 1126/97 and 1226/97 allowed the writ appeals, holding that the first notification dated 27-3-1980 is valid and that the said notification alone is crucial for determination of market value and subsequent notifications issued are “non-est” in law. In Writ Appeal Nos. 1126 and 1226 of 1997 (1998 (4) ALT 554) the High Court of Andhra Pradesh in its order dated 17-7-1998 relying on the Judgement of Division Bench in Writ Petition Nos. 4712 and 4725 of 1997 dated 14.3.1997 held that the compensation has to be 27

determined not on the basis of subsequent 4(1) notification but on the basis of the earlier notification if section 17(1) comes into play. The observations of the Division Bench of the High Court is as follows: “Merely because subsequent notifications were published erroneously, those would not cease the operation of the earlier notification. The property having been vested in the Government would not get divested only because new notifications were published in 1991. If the conceded position of law is that the property was never divested from the government, the question of publication of notifications afresh would in no way alter the position. In that view of the matter, we must accept the submission of the Learned Government Pleader for Land Acquisition.” 3. The Division Bench of the High Court has also relied on the Judgement of the Supreme Court in Lt. Governor of Himachal Pradesh Vs Avinash Sharma, AIR 1970 SC 1576 which has explained the scope of section 17 (1) of the Land Acquisition Act, 1894 as follows: “When section 17(1) is applied by reason of urgency, Government takes possession of the land prior to the making of the award under section 11 and there upon the owner is divested of the title to the land which is vested in the Government. Section 17(1) states so in unmistakable . Clearly, section 11-A can have no application to cases of acquisitions under Section 17 because the lands have already vested in the Government and there is no provision in the said Act by which land statutorily vested in the Government can revert to the Owner.” 4. The Division Bench has further relying on the Supreme court Judgment of Satendra Prasad Jain case held that Section 11-A of the Act does not apply to cases of acquisition under Sec.17 where possessi on was already taken and lands vested in the Government absolutely and free from all encumbrances as per the mandate contained in Sec. 17(1) and issuance of any further notification under Sec. 4(1) and Sec. 5 will be futile and superfluous. Therefore the first notification alone is crucial for determination of market value. 5. The Division Bench has also observed that proceedings for determination of compensation ought to be completed without unreasonable delay and notification can not be issued for freezing the price. 6. Government after careful examination of the above facts direct that wherever notifications are issued invoking sec. 17 of the Land Acquisition Act 1894 even after non-ing of award within the stipulated time under Sec. 11-A the Land Acquisition proceedings will not lapse and award can be ed basing on the first notification even after issuance of fresh notifications which are to be held as “nonest” in the eye of law and the first notification issued invoking section 17(4) alone will be crucial for determination of market value and the provisions of Sec. 11-A do not apply in cases where advance possession of the land is taken by invoking the 28

provisions of Sec 17(4) and the Land Acquisition Officers shall not make undue delay in ing the award as otherwise interest is payable from the date of taking possession of land which will be an avoidable burden of the Government. 7.

The above instructions shall be followed scrupulously. Note Endorsed by P. Rajagopal Rao, G.P. for L.A. High Court:

Order in WA – 1126 & 1226/97 was reported in 1998 (4) ALT 554 (DB) consisting of Hon’ble Justice P. Venkatarama Reddi and Hon’ble Justice A. Hanumanthu and the same has also been confirmed by Supreme Court. In this decision the Hon’ble Division Bench ahs followed/referred the decisions reported in 1993 SC 2517, 1970 SC 1576, 1996 Sc 112, 1996 (6) SCC 424 & 1996 (3) ALT 352.

******

29

GOVERNMENT OF ANDHRA PRADESH REVENUE (LA) DEPARTMENT Memo No. 55284-A/LA(A2)/99-

Dated:27-04-2000

Sub: Land Acquisition – Streamlining of Land Acquisition procedure taking advance possession of private lands required – Certain instruction issued – Reg. ***** Of late instances have come to the notice of the Government where requisitioning departments have taken advance possession of the lands required by them without initiating Land Acquisition proceedings i.e., without publication of Draft Notification and Draft Declaration and also without the knowledge of the Land Acquisition Officer concerned. It is also noticed that in some such cases the Land Acquisition proceedings were not initiated within a reasonable time after taking advance possession of the lands. As a result, the Government had to incur huge expenditure towards payment of interest and 12% as additional market value. 2. Apart from this several complications may also arise owing to the fact that when once the lands are taken possession, it is not open to the Government to withdraw the Land Acquisition proceedings. 3. In certain cases landholders have been relinquishing their lands voluntarily without compensation. In such cases, the Land Acquisition Officers or requisitioning departments have been taking possession without executing either a relinquishment deed as provided in the Board Standing Orders 33 or taking relinquishment of land by submitting an un-conditional razinama as stipulated in rules 16 to 24 of the Andhra Pradesh (Telangana Area) land Revenue Rules, 1951. 4. As a result of this, the Government do not get absolute title over the land relinquished due to which the landholders or their legal heirs may raise disputes and claim compensation for their lands already relinquished. 5. The Government have examined the matter, keeping in view the above circumstances and hereby, issue the following instructions for strict compliance. (a)

Possession of the land can be taken under section 16 of the Land Acquisition Act 1894 after an award is made by the Collector under section 11 of the said Act.

(b)

Possession of the land can also be taken under sub-section (1) of section 17 of the said Act in case of urgency whenever the Government so directs after publication of the Draft Notification and Draft Declaration and after expiry of 15 days from the date of

30

(c)

publication of the notice under sub-section (1) of section 9 of the said Act, though no award has been made. The Land Acquisition officers shall have to refrain from taking possession of the land in any other manner contary to the above provisions.

(d)

The requisitioning departments concerned shell take possession of the lands only through the Land istration officer by following the prescribed procedure under the said Act, but not directly from the land owners.

(e)

Where ever the landholders voluntarily come forward to relinquish their lands without compensation, the Land Acquisition Officers shall take possession of such lands only after executing a relinquishment deed as provided in Board Standing Order 33 or taking un-conditional “Razinama” as stipulated in rules 16 to 24 of the Andhra Pradesh (Telangana area) Land Revenue Rules 1951 in order to get absolute title over the land relinquished and to obviate any complication due to undue claims from the landholders or their legal heirs at a later date.

The above instructions shall be followed scrupulously. G. SUDHIR SECRETARY TO GOVERNMENT To All Land Acquisition Officers Through the Collectors and Special Collectors Concerned All Collectors /Special Collectors. All the Departments of Secretariat All the Heads of Departments. dealing with Land Acquisition Copy to The Special Chief Secretary & Chief Commissioner of Land istration, Hyderabad. The Government Pleader for Land Acquisition High Court of Andhra Pradesh. Hyderabad. The Special Secretary to Chief Minister, P.S. top Minister (Revenue) P.S. to Chief Secretary. P.S. to Secretary to Revenue. SF/SC /// FORWARDED // BY ORDER ///

SECTION OFFICER 31

GOVERNMENT OF ANDHRA PRADESH REVENUE (LA) DEPARTMENT Memo. No. 55284-A/LA(A2)/99-3

Dated:13-6-2000

SUB: L.A. – Streamlining of Land Acquisition procedure – Taking advance possession of the private lands under acquisition – Certain further instructions – Issued. REF: 1. Govt. Memo no. 55284/A/LA2/99, Rev (LA) Dept., dt. 27-1-2000 2. From the Government Pleader for Land Acquisition in High Court of A.P., Hyderabad. Lr.No.LA/PRR dt.9-5-2000 addressed to C.S. to Govt, along with Judgment of High Court in W.P.No.9780/ 99.dt. 283-2000. ****** In continuation of the Govt. Memo 1st cited a copy of the High Court order 2nd cited is herewith communicated. In the above said W.P. the High Court has issued directions that instructions may be issued to all the Government Officials concerned not to enter into the private properties except through due process of law. 2. All the Collectors/Special Collectors/Land Acquisition Officers and the departments concerned are requested to keep in view the directions of the High Court and also the instructions issued in the Govt. Memo. 1st cited while taking advance possession of the lands under acquisition. 3.

These instructions shall be followed scrupulously. P.V. RAO CHIEF SECRETARY TO GOVERNMENT

To All Land Acquisition Officers Through the Collectors and Special Collectors Concerned All Collectors /Special Collectors. All the Departments of Secretariat All the Heads of Departments dealing with Land Acquisition Copy to The Special Chief Secretary & Chief Commissioner of Land istration, Hyderabad. The Government Pleader for Land Acquisition High Court of Andhra Pradesh. Hyderabad. The Special Secretary to Chief Minister, P.S. top Minister (Revenue) P.S. to Chief Secretary. P.S. to Secretary to Revenue. SF/SC /// FORWARDED // BY ORDER /// SECTION OFFICER 32

IN THE HIGH COURT OF JUDICATURE : ANDHRA PRADESH AT HYDERABAD (SPECIAL ORIGINAL JURISDICTION) TUESDAY THE TWENTY EIGHTHDAY OF MARCH TWO THOUSAND PRESENT:

THE HONOURABLE MR. JUSTICE BOILAL NAZKI WRIT PETITION NO. 9780 of 1999 Between: 1. Bantharam Bichappa 2. Shivarampuram Osman Saaheb 3. Shivarampuram Khaja Saaheb 4. Bicchapu Sangaiah and 1. The District Collector, R.R. District 2. Revenue Divisional Officer-cumLand Acquisition Officer, Vikarabad, R.R. District. 3. Executive Engineer, Minor Irrigation Department, R.R. District, At Red Hills, Nampally, Hyderabad.

..

Petitioners

..

Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in acquiring the lands of the petitioners, easuring Ac. 5-09 gts; Ac. 1-27 gts. And 3-19 gts; comprised in Survey Nos. 14/A15, 15 and 42 of Kakhoda Village and Shapur (V) of Marpally Mandal, R.R. District without following due process of law as illegal, arbitary, contrary to the provisions of the Act and violative of Fundamental Rights and consequent ly direct the respondents to initiate Land Acquisition Proceedings and pay reasonable compensation. For the petitioner .. M/s G. Anandam M. Palatha Yadav, Advocates For the Respondents 1 & 2 .. Govt. Pleader for Land Acquisition For the Respondents No. 3 .. Govt. Pleader for Irrigation & CAD The Court at the stage of ission made the following: 33

BILAL NAZKI. J W.P. NO. 9780 OF 1999 ORDER:

This is a Writ petition filed by four persons. The grievance of the petitioners is that their land was taken but no compensation had been paid. During the course of hearing after the counters were filed this Court found that land easuring 3.5 acres belonging to first petitioner had been taken possession of by an Executive Engineer in December, 1998. The possession had been taken without any authority of law. Every citizen in this country has right to possess property and it is settled law that a citizen cannot be deprived of his property ordinarily, but in the interests of the State the property can be taken away subject to limitations prescribed by law. Therefore a full-fledged Code has been enacted in the form of Land Acquisition Act. The State has no power or authority to enter into anybody’s property unless and until a notification under section 4 of the Land Acquisition Act is promulgated. Here is a case where land was taken it was put to use and even the notification assuming the jurisdiction to acquire the land has not been issued. This position was conceded at the Bar, therefore, this Court issued show cause notice to the Officers concerned who have filed their reply. The Officers have not justified their action but have tried to explain by taking recourse to public interest and also suggested that the land had been taken possession of with the consent of the petitioners. No such consent was produced before the Court and even if it is accepted that the owners (petitioners) had given oral consent for handing over the possession to the Officers concerned, even then in my view the Officers were not within their rights to take over the possession because those Officers were acting as the Agents of the Government and the government could enter into a private property only after assumption of jurisdiction which could be assumed only after issuance of notification under Section 4(1) of the Land Acquisition Act. Since the government had not assumed the jurisdiction to acquire the property therefore the Officers of the Government even with the consent of the parties concerned were not right in taking over the possession of the land. Section 4(2) of the Land Acquisition Act makes it lawful for any officer who is generally or specially authorized by the Government to enter upon a land which is notified in of Section 4(1). Therefore, it is clearly laid down that no Officer of the State Government is authorized to enter upon or take possession of the land belonging to private individuals unless and until a notification under section 4(1) is published. During the pendency of this Wit petition a notification was issued. 80% of compensation was paid to the petitioners and it is stated at the Bar that the award has also been ed and the land has also been put to use for which it had been acquired. Keeping in view all these factors. I do not consider it appropriate to any further orders in this petition. 34

Show cause notices have been issued to the officers concerned. Although their explanations are not satisfactory but considering the fact that one of them has retired from service and others are also having long service no further orders are ed in pursuance to the show cause notice. In order to avoid such incidents in future. I direct that a copy of this order be sent to the Chief Secretary to the Government of Andhra Pradesh and he be requested to issue a circular to all the government Officials directing them not to enter into private properties except through due process of law which would mean after assuming the jurisdiction to acquire the land or property in accordance with the provisions of Land Acquisition Act. The Writ petition is accordingly disposed of.

Sd/- K.N. Raju, Asst. Registrar To One Fair Copy to the Hon’ble Sri Justice Bilal nazi / 9FOR HIS Lordships kind perusal) 2. The District Collector, R.R. District, Hyderabad 3. The Revenue Divisional Officer-cum-Land Acquisition Officer Vikarabad, R.R. District 4. The Executive Engineer, Minor Irrigation Department, R.R. District at Red Hills, Nampally, Hyderabad 5. S.L.R. Copies 6. The Under Secretary, Union of India, Ministry of Law Justice and company Affairs, New Delhi. 7. The Secretary A.P. Advocates New Delhi Court Buildings, Hyderabad 8. Two C.D. Copies 9. Two CCS to the Govt. Pleader Irrigation, High Court of A.P., Hyderabad. 10. The Chef Secretary to Govt. of A.P., Secretariat, Hyderabad. 11. The Registar (Judicial) High Court of A.P., Hyderabad.

// TRUE COPY // SECTION OFFICER

35

GOVERNMENT OF ANDHRA PRADESH REVENUE (la) DEPARTMENT

Memo No. 55284-D/LA(A2)/99

SUB:

Dated. 16-6-2000

L.A. – Streamlining of Land Acquisition Procedure – Acquisition of lands under the Land Acquisition Act, 1894 – Verification of structures, Trees etc existing as on the date of Notification u/s. 4(1) of the Land Acquisition Act, 1894 – Certain Instructions Issued. ******

Certain instances have come to notice where the claimants have resorted to putting up new structures fraudulently with an intention to claim more compensation for the lands proposed for acquisition especially for major irrigation projects. Besides compensation for the lands and structures, trees etc., the landholders have also been trying to putforth undue claims for rehabilitation. This sort of claims seriously affect the Interests of the Government besides ignoring the legitimate claims of the bonafide land holders. With a view to curb these malpractices and to further streamlining the land acquisition procedure, Government, after careful consideration, issue the following instructions for strict compliance by all Collectors and Special Collectors and all the Departments concerned. (i)

t inspection of the lands, structures trees etc which are under acquisition to be undertaken by a Committee of Officers consisting of the Land Acquisition Officer, an officer from the I & CAD Department, an officer form the Roads & Buildings Department and an Officer of the concerned Department. The record pertaining to the Inspection notes of the Committee shall become part of the land acquisition proceedings. The Committee shall prepare a detailed of the structures trees and other features. If there are no such structures or features likely to enhance the value of the land the Committee should certify the non-existence of such features.

(ii)

To go in for vidiography of the structures trees etc existing on the lands under acquisition to obviate undue claims for compensation and also to build-up authentic and irrefutable record of such structures trees etc., The expenditure on this shall be met from the existing provision of funds for Land Acquisition.

(iii)

After conducting the detailed inspection and videography of the strictures trees etc., existing on the land under acquisition, such details shall be incorporated in the S.D. records.

The above steps would go a long way in arriving at the correct estimate of structures, trees and other features which add to the value of the land so that 36

false claims of the land holders at a later date can be avoided and thereby the interests of the Government as also the bonafide claims of the landholders safeguarded. These instructions shall be followed scrupulously by all concerned. The receipt of the memo shall be acknowledged. G. SUDHIR SCRETARY TO GOVERNMENT

To The Special Chief Secretary & Chief Commissioner of Land istration, Hyderabad. All Collectors/Special Collectors. All Land Acquisition Officers Through the Collectors and Special Collectors Concerned All Collectors /Special Collectors. All the Departments of Secretariat All the Heads of Departments. dealing with Land Acquisition Copy to The Special Chief Secretary & Chief Commissioner of Land istration, Hyderabad. The Government Pleader for Land Acquisition High Court of Andhra Pradesh. Hyderabad. The Special Secretary to Chief Minister, P.S. top Minister (Revenue) P.S. to Chief Secretary. P.S. to Secretary to Revenue. SF/SC

///

FORWARDED // BY ORDER ///

SECTION OFFICER

37

GOVERNMENT OF ANDHRA PRADESH REVENUE (LA) DEPARTMENT

Memo. No. 25646/LA(A2) 2002

Date:12-11-2002

Sub: LAND ACQUISITION – Payment of compensation including Additional Market value and solatium Payment of interest – Certain instructions – Reg. Ref: 1. From the CCLA Lr. No. G4/193/2001, dt. 4-4-2002. 2. From the Advocate General high Court of AP, Hyderabad Lr. No. 935/2002, dt: 19-6-2002. ******* In the reference 1st cited the Special Chief Secretary and Chief Commissioner of Land istration, Hyderabad has requested to examine the judgment of the Supreme Court of India in Civil Appeal No. 6271/98 and batch, dt: 19-9-2001 with regard to payment of interest on the aggregate amount of compensation including Solatium and Additional market value and issue necessary instructions permitting the calculation of interest on 12% Additional Market value and 30% Solatium while ing the award with prospective application as retrospective application will reopen already settled cases resulting in huge financial burden on the exchequer . 2. While delivering the judgment in the above said case the Supreme Court of India has interalia observed as follows:

“In deciding the question as to what amount would bear interest under section 34 of the Act a peep into section 31 (1) of the Act would be Advantageous. That Sub-Section says “ on making an award under Sec.11, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled there to according to the award, and shall pay it to them unless prevented by some one or more of the contingencies mentioned in the next sub-section” The remaining sub-sections in that provision only deal with the contingencies in which the Collector has to deposit the amount instead of paying to the party concerned. It is the legal obligation of the Collector to pay “the compensat ion awarded by him” to the party entitled there to. We make it clear that the compensation awarded would include not only the total sum arrived at as per sub-section (1) of section 23 but the remaining sub-sections thereof as well. It is thus clear from section 34 that the expression “awarded amount” would mean the amount of compensation worked out in accordance with the provisions contained in section 23, including all the sub-sections thereof.”

38

4. In the said judgment it was also mentioned that “splitting up the Compensation into different components for the purpose of payment of Interest under section 34 was not in the contemplation of the Legislature when that section was framed or enacted”. The Supreme Court has also elaborately quoted the judgments of the various High Courts one of which is given by the Division bench of the Punjab and Haryana High Court in the State of Haryana Vs. Smt. Kailaswathi and other. It is extracted here under,

“ Once it is held as it inevitably must be that the Solatium provided for under section 23(2) of the Act forms an integral and statutory part of the compensation awarded to a land owner, then from the plain of the section 28 of the Act, it would be evident that the interest is payable on the compensation awarded and not merely on the market value of the land. Indeed the language of section 28 does not even remotely refer to market value alone and in talks of compensation for the sum equivalent thereto. The interest awardable under section therefore would include within its ambit both the market value and the statutory solatium. It would be thus evident that the provisions of section 28 in warrant and authorize the grant of interest on Solatium as well”.

Ultimately the Supreme Court held that the person entitled to the compensation awarded is also entitled to get interest on the aggregate amount including Solatium. The matter has been examined in consultation with the learned Advocate General with reference to the orders issued by the Supreme Court of India and the relevant provisions contained in the Land Acquisition Act 1894. Accordingly the following instructions are issued to all the Secretaries to Government in Secretarial who are dealing with Land Acquisition cases, all District Collectors in the State and Special Collectors, Land Acquisition Officers, All Govt. Pleaders in high court, and All Assistant Govt. Pleaders in the State for guidance and strict compliance. (i)

As stated by the Special Chief Secretary and Chief Commissioner of Land istration the above judgment of the Supreme court of India will have far reaching financial implications. Therefore utmost care should be taken while making payment of enhanced compensation including interest thereon, on the decrees ed by the various courts.

(ii)

The obligation to pay under a Court decree is limited to the language of decree as finally settled.

(iii)

In regard to matters where payments have already been made and the decree is satisfied no further claims can be entertained.

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(iv)

(v)

(vi)

(vii)

In regard to cases where execution proceedings are pending on the basis of the decrees obtained earlier, the liability would obviously, depend upon the specific language in the decree. Extreme care must be taken to ensure that excess payments are not made under the cover of the above decision of the Supreme Court of India. Where the decree is couched in general like for example saying that the claimant would be entitled “to all the Statutory benefit under the amended Act”, as appears to have been done in some cases, which have come to the notice of the Government Pleader concerned, it must be contended that this phraseology is only applicable to the benefits conferred for the first time under amended Act and not preexisting benefits. Interest has always been required to be paid and is not a benefit under the amended Act. Before making any concession in the execution proceedings proper Legal advice shall be obtained by concerned.

The above instructions shall be followed scrupulously. The receipt of the above memo shall be acknowledged. PRIYADARASHIDASH PRINCIPAL SECRETARY TO GOVERNMENT To The Special Chief Secretary and Chief Commissioner of land istration, AP. Hyderabad. The Advocate General, High Court of AP, Hyderabad. All the Secretaries in Secretariat who are dealing with the Land Acquisition Cases. All the Collectors in the State. The Special Collector, Teluguganga Project, Nellore.. The Special Collector, SRSP, Tarnaka, Hyd., The Special Collector, Srisailam Project, Kurnool. All the Government Pleaders in the High Court. The , Government Pleaders office, High Court of Andhra Pradesh Hyderabad. All the Assistant Government Pleader in the State (Through Govt. Pleaders office, HC of AP Hyd.) Copy to the Law Department. Copy to the Stock file/Spare copy. // FORWARDED BY ORDERS // Sd/- Section Officer Office of the Special Collector R & LA, SRSP AMRP & P Tarnaka Hyderabad 40

No. A3/3425/02

Dated: 25-11-2002

Copy communicated to all the Special Deputy Collectors working under this organization for information and immediate compliance

For Special Collector R & LA, SRSP AMRP & P Tarnaka Hyderabad. Copy to the Superintendents B.C. & D Wings Copy to Stock file of A3 Section.

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GOVERNMENT OF ANDHRA PRADESH REVENUE (LA) DEPARTMENT Memo No: 44753/LA(A2)2007-/

Dt 26-10-2007

Sub: Land Acquisition –Judgment of the Supreme Court of India in Gurupreet Singh Vs Union of India regarding entitlement of interest towards deposit amountfurther instructions-reg Ref: From the CCLA Lr.No:G1/192/2006 dt 07-08-2007 * * * * * *

All the District Collectors in the State are informed that the CCLA , A.P in his letter cited , has brought to the Notice of the Government that as per the latest judgment of the Supreme Court of India in GuruPreet Singh Vs Union of India (2006(8)SCC 457) the decree holder would be entitled to appropriate the amount already received by him pursuant to the interim order first towards interest then towards costs and the balance towards Principal as on the date of the withdrawal of the amount and claim interest on the balance amount of enhanced compensation by levying execution. But on that part appropriated towards the principal interest would cease from the date on which the amount is received by the awardee. However, it has been adjudicated that while ing the interim orders, if the court had indicated as to how the deposited amount is to be appropriated, that direction will prevail and the appropriation could only be done on the basis of that direction. All the Collectors are informed that in view of the judgment of the Apex Court the decree holder will be entitled first towards interest on the deposit amount and then towards interest on the deposit amount and then towards costs and then towards the principal. As per Article 141 of the constitution of India the judgment of the Apex Court is binding on all courts. All the District Collectors are therefore requested to implement the judgment of the Supreme Court of India in GuruPreet Vs the Union of India. The District Collector may obtain clarification if any required in the matter from CCLA.

I.V.SUBBA RAO PRINCIPAL SECRETARY TO GOVERNMENT

42

GOVERNMENT OF ANDHRA PRADESH ABSTRACT Land Acquisition – The Land Acquisition Act, 1894 – Policy on land Acquisition – Issued. -----------------------------------------------------------------------------------------------------------REVENUE (L.A) DEPARTMENT G.O.Ms.No.232

Dated. 23.02.2005.

ORDER: Infrastructure plays a critical role in generating higher economic growth. Experience has shown that a 10% increase in the availability of infrastructure can raise average house-hold incomes by equal amount mainly by creating large scale employment. Andhra Pradesh needs to invest about Rs. 16,00,000 crores in infrastructure development by 2020 and over Rs. 4,00,000 crores by 2010. The infrastructure would include I.T. Parks, Biotech Parks, industrial Townships, Highways, Bridges, Flyovers, Food Parks, Power Generation, Water supply, Airports, Ports etc. 2. In order to achieve this, Government have already brought out industrial policy, Policy for Food processing Industries, I.T. Policy, etc., and also have established an Infrastructure Authority to facilitate the investment. 3. All of above would need requirement of considerable chunk of land. In view of scare availability of Government land, private land will have to be acquired under Land Acquisition Act. Above activity of infrastructure development to ultimately generate economic activity and employment is an important public interest which will drive the State into high growth of development. 4. Instances have come to notice that in many cases the Government land proposed to be utilized for the Projects gets into litigation because of other claims from private parties. In such a case, it becomes difficult to proceed further in the Project. Therefore Government is seized of the issue to overcome this situation and to expedite the execution of the Project without compromising the claim of the private parties. In this context public interest becomes the overriding deciding factor. 5. The public interest as defined under Land Acquisition Act, 1894, is very comprehensive and covers the land under any scheme of development sponsored by the Government or with prior approval of the appropriate Government by a local authority. Even in the cases where acquisition has some element of profit are also acceptable as per the observations of the Supreme Court in Bharath Singh Vs State of Haryana (AIR 1988/SC).

43

6. Accordingly keeping in view of the above, the Government have declared the following policy on land acquisition: “Public purpose: The inclusive definition of Public purpose in the Act not being compendious is not useful in ascertaining the ambit of that expression. Broadly speaking the expression ‘public propose’ would however, include a purpose in which the general interest of the community as opposed to the particular interest of individuals, is directly and vitally concerned. Public purpose is bound to vary with the times and the prevailing conditions in a given locality, and therefore, it would not be a practical proposition even to attempt a comprehensive definition of it. It is because of this that the legislature has left it to the Government to say what is a public purpose and also to declare the need of a given land for a public purpose”. 7. In view of the proposed important activity and the public interest associated with it, Government will have to acquire appropriate land for any of the public purposes as indicated from time to time. The acquisition shall be governed by the provisions of L.A. Act, 1894. Where the govt. land is in dispute, the process of acquisition will proceed as per the provisions of the Act without prejudice to the case of the Government and money deposited in the court to be given to the rightful owners. 8. The above policy of the Government shall be kept in view by all concerned while acquiring the land under the provisions of Land Acquisition Act, 1894 in connection, primarily, with all infrastructure projects. This will also apply in other cases too depending on the necessity of the case.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

Dr. P.V. JAUHARI SPECIAL CHIEF SECRETARY TO GOVERNMENT To All the Land Acquisition Officers Through the Collectors and Spl.Collectors concerned.

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GOVERNMENT OF ANDHRA PRADESH IRRIGATION & CAD (Projects Wing) DEPARTMENT

Memo No. 17904 /LA-IV/ R&R/ 2005-1

Dated: 24-05-2005

Sub: ment – Release of ment to news papers related to Land Acquisition cases in the Department – Instructions – Orders – Issued. Ref: 1. Govt. Memo No. 96929/I & PR/A1/2003-I, Dt. 12.9.2003 of GA (I & PR) dept. 2. Govt. Memo No.13558/ LAIV/2005, Dt. 03-04-2005 of I & CAD Dept., 3. Special Collector Lr. No. Rc.B5/565/2004, Dt. 28-4-2005. ****** In reference 2nd cited above, Government have issued instructions to send all ment in respect of DN & DD Publications and other ments related to Land Acquisition to the Commissioner, Information & Public Relations Department. In Para 4 o the said memo, instructions were issued to send these proposals on weekly basis addressed to the Secretary, I &CAD Department, Hyderabad, and subsequently the I&CAD Department shall be sending these ments received to the Secretary, I&PR. In view of the circumstances put forth by Special Collector, SSP, and in order to reduce the delay in publishing these ments, it is decided that the District Collectors and Special Collectors of Land Acquisition shall send all these ments directly to the Commissioner, Information and Public Relation Department with a copy of the covering letter only endorsing to the Secretary, Irrigation & CAD Department, Hyderabad. The Commissioner, Information and Public Relations Department must publish all the requisitions received from the District Collectors and Special Collectors of Land Acquisition without any delay and shall send a report on day-today basis on publication of DN & DD Notifications to the Secretary, Irrigation and CAD Dept., He shall also send copies of the orders issued to the News papers for Publication of notification to project authorities and Secretary, Irrigation & CAD Department. C.V.S.K. SARMA, Principal Secretary to Government To All District Collectors All Special Collectors All HODs. Land Acquisition Sections. 45

The Director, information & Public Relations, Hyderabad. ant General of AP The Pay & s Officer, The Director of Works & s, Hyderabad The PS to Min (Major Irr), / PS to Min(Minor Irr.), /PS to Med.Irr/ PS to Min GWS LI. :: Forwarded By Order :: Section Officer

46

MISCELANEOUS -------------------------SECTION:45 SERVICE OF NOTICES: --------------------------------------------------------1. Service of any notice under this Act shall be made by delivering or tendering a copy there of signed, in the case of a notice under Section 4, by the officer therein mentioned, and in the case of any other notice, by or by order of the Collector or the Judge. 2. Whenever it may be practicable, the service of the notice shall be made on the person therein named. 3. When such person cannot be found, the service may be made on any adult male member of his family residing with him; and if no such audit male member can be found, the notice may be served by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the Collector or in the court-hose, and also in some conspicuous part of the land to be acquired. 4. Provided that, if the Collector or Judge shall so direct, a notice may be sent by post, in a letter addressed to the person named therein at his last known residence, address or plate of business and (ed under Sections 2 and 29 of the Indian Post Office Act. 1898) and service of it may be proved by the production of the addressee’s receipt.

STATE AMENDMENT ACT XX OF 1959 DT. 15-10-59 ---------------------------------------------------------------------------------In the provision to sub-section (3) of Section 45 for the Words “and service of it may be proved by the production of the addressee’s receipt “substitute the following, namely:- “and the notice shall be deemed to be served on such person on the date on which the notice sent by the ed post will in the usual course of post be received by the addressee”,

CRUCIAL POINTS -------------------------1. service on the person himself is the normal rule and the substituted service out lined in clause (3) can be involved only when the person cannot infact be found after bonafide enquired. 2. The service of a notice under the L.A. Act and the Rules is a matter of law; and the procedure having been land down cannot be devioted in any manner selected by the officials. 47

3. The expression when such person cannot be found in section 45(3) contemplates habitual absence at his address. 5. Service at any rate on female maker of the family is not contemplated by sec. 45.

COURT RULING

1.

Notice not served upon the concerned – Service, held: sufficient. AIR 1959 PAT 83

2. Irregularity in Service – But notice reached the right person – he appeared – irregularity waived. AIR 1955 Mad 466 3. After taking part in proceedings and field objection one cannot question the notice U/S 9 & 10 being not served. AIR 1977 Del 256 AIR 1971 AP 310 4.

Service by affixture not Sufficient. AIR 1960 Bom 490

5.

Service by Regd. Post in sufficient. Delivery essential. 1968 (i) MLJ 107

6.

Service of Notice Burden of proof by State. AIR 1963 Pat 469

7. In the case of a receiver of an estate, Service of notice under Section 12(2) has to be personal unless he has authorised the manager to accept service. 33 Mad LR 472 8.

New and novel modes of service cannot be evolved. 62 CWN 788

9. Unless a statue expressly provides that any mode of service other than the mode prescribed by it is null and void such provision regarding service of notice is merely directory and not mandatory. So if a notice is factually brought to the notice a party although service may not be in strict conformity with the statutory provision regarding the mode of service as prescribed therein, a notice is deemed to be served on the party. (1984 I Cal LJ 99) 48

10. At any event service of notice on female member of the family is no notice to the person. 1983 Ker LJ 347 11. It was held that service of notice under Section 12(2) on the son of the very first attempt is no valid service. AIR 1977 Cal 205 12. If there are t tenants in respect of a tenancy, the notice addressed to all or made out in the names of all the tenants, but delivered to any of them is valid. AIR 1963 Sc 468. This rule is not applicable when the tenants are not t tenants but tenants in common. AIR 1977 ALL 38. 13. Where a notice containing a letter sent through post is returned “Refused”: the court can draw the inference that the addressee had notice of the letter and that he refused the same. 1976 2 Scc 409 (AIR 1976 Sc 869) 23 CWN 319 14. The Special notice Under Section 9(3) within the Revenue District should also be sent by ed post to the last known residence addressor place of business. AIR 1945 Bom 49. 15. A t notice served on one can be regarded as good service as against persons who were not served personally. AIR 1934 Cal 525 AIR 1924 Pat 608 16. Normally notice should be served in the manner provided in Section 45(1), (2) and (3), but power is given to adopt an alternative method of service by post. Before adopting this alternatives method, the Judge or Collector should give a Clear direction to that effect. AIR 1976 Delhi 188 17. The presumption raised Under Section 27 of the General clauses Act as well as Under Section 114 of the Evidence Act is one of proper or effective service which must mean service of everything that is contained in the notice. The presumption under these statutes are rebuttable but in the absence of proof of the contrary the presumption of proper Service or effective Service on the addresses would arise. (1981) 2 Sec 535 18. In the matter of Service of notice under the Act, it shall be by delivery or tender of a copy of notice.

49

The claimant signed the notice and there was an endorsement. The notice were served by special Revenue inspector. But it was not clear whether copy of notice intended or claimant was separately served or his signature was merely obtained. The court held that the Service of not9ice was not satisfactory and therefore invalid.

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ANDHRA PRADESH RAJAPATRAM RULES SUPPLEMENT TO PART - I EXTRAORDINAR Y OE

THE ANDHRA PRADESH GAZETTE PUBLISHED BY AUTHORITY -----------------------------------------------------------------------------------------------------------NO 45] HYDERABAD, MONDAY, OCTOBER 26, 1992. -----------------------------------------------------------------------------------------------------------NOTIFICATIONS BY GOVERNMENT REVENUE DEPARTMENT (L.A.) THE ANDHRA PRADESH LAND ACQUISITION (NEGOTIATIONS COMMITTEE) RULES, 1992. [ G.O. Ms. No. 1050, Revenue (L.A.), 17th October, ] In exercise of the powers conferred by sub-section (3) of section 55 of the Land Acquisition Act, 1894 (Central Act 1 of 1894) as subsequently amended the Governor of Andhra Pradesh here by makes the following amendments in the Andhra Pradesh Land Acquisition (Negotiation Committee) Rules, 1992 after having published the draft rules in rules supplement to Part – I Extraordinary of the Andhra Pradesh Gazette dated the 18th June, 1998 as required under sub-section (2) section 55 of the said Act. RULES 1. Short title, extent and Commencement. – (1) These rules may be called the Andhra Pradesh Land Acquisition (Negotiation Committee) Rule 1992. G504-1. 2. They shall extend to the whole of State of Andhra Pradesh. 3. They shall come into force at once. 2. Definitions:- In these rules unless expressly specified the definition of the words used shall be same as defined in Land Acquisition Act, 1894. 3. Action for negotiation shall commence only after enquiry and award by the Collector and approval of preliminary value under section 11 of the Land Acquisition Act, 1894 is completed. 4. The Compositions of Negotiations Committee shall be as follpws:-

51

1. The District Collector of the Concerned District

.. Chairman

2. A Judge of the District concerned not below the rank of Sub-Judge as nominated by District Judge/high Court

..

3. The t Collector of the District or Special Collector of the project concerned.

Member

.. Member

4. The Land Acquisition Officer concerned i.e., Special Deputy Collector/Revenue Divisional Officer/Mandal Revenue Officer .. Convenor 5. The Executive Engineer, Roads & Buildings Panchayat Raj/Irrigation (Wherever structures are involved)

.. Member

6. A nominee of the requisition department not below the rank of district level officer or any officer authorized by Government. .. Member 5. The Collector or the Convenor of Committee shall cause notice in the Form-I to be affixed at two or more public places like Gram Panchayat or Chavidi etc., of the village in which jurisdiction the proposed area of acquisition lies and to the persons interested in the land to appear personally or by person authorized by them before such officer as specified at a time and places therein mentioned and to state their willingness or otherwise to settle their claims through the negotiations Committee. The District Collector Convenor may in any case require such statement to be made in writing and signed by the party or his agent. (i)

The interested persons may also file petitions suo-motu for settlement of the claims before the Negotiation Committee for settlement of Compensation or for share in the compensation.

(ii)

In respect of the cases pending in any Court including High Court/supreme Court or Executive Court the persons interested is initiated by the Negotiation Committee.

(iii)

On receipt of suo-motu application for settlement of compensation the Convenor of the negotiation Committee shall take further action in accordance with the provisions contained in Rule 8. After obtaining the consent of the requisitioning department further action for negotiations and for final settlement shall be taken. Notices under Form-I need not be issued to persons interested who are signatories to such application.

(iv)

In case any person interested is not a Party to such applications, the notice in Form-I shall be sent to him by Post in a letter addressed to him at his last known residential address, or place or business and

52

ed under Sections 28 and 29 of the Indian Post Office Act, 1898 (6 of 1898). (v)

negotiation for settlement shall commence only when all interested persons or representatives authorized by them covered by a notification give a statement expressing willingness for settlement by negotiation Committee.

7. Every Person required to make or deliver a statement under these rules shall be deemed to be legally bound to do so within the meaning of Section 175 and 176 of the Indian penal Code (4 of 1860). 8. The Collector shall also serve a notice in Form – II to the requisitioning department to make a statement that it is willing for settlement of the claims of the pattadars and interested persons by the negotiation Committee and obtain its statement accordingly and duly signed by a responsible officer authorized by the concerned department in that area. 9. (a)

The statements filed under Rules 5,6 and 8 along-with all connected records of award enquiry preliminary Vale statements and other relevant records etc., duly verified by the Land Acquisition officer shall be placed before the negotiation Committee for its verification.

(b)

The Convenor may submit a copy of the report to the Chairman of the negotiation Committee. The Convenor of the Committee may issue a notice to the interested persons for filing any statement or to say anything in person.

(c)

The negotiation Committee may take up local inspections where deemed necessar y.

10. The procedure for the conduct of the business by the Negotiation Committee will be as follows:•

The Chairman may preside or authorize any other senior member over all meetings of the Committee (except the final meeting).

•

The Committee shall hold meetings with the persons interested or with persons authorised by them. The persons so authorized shall not have any political affiliations.

•

The Chairman or the Convenor shall fix the date, time and place of the meetings.

•

The Committee shall consider and convene meetings at the Mandal Headquarters or villages wherever deemed necessar y. 53

•

The negotiation Committee shall receive further statements of claims in writing that may be submitted to the Committee.

•

The Committee may hear any oral representation made in respect of any claim by the interested persons or their authorised representatives.

•

The negotiations shall be oral and no proceedings or deliberations of the committee pertaining to the compensation claimed, offered etc., shall be recorded.

•

The preliminary meetings may be held with all except Chairman and nominee of judicial department and as may be authorised by Chairman.

•

The final meeting in which negotiations or settlement is confirmed shall however necessaril y be presided over by the Chairman and shall be attended by nominee of Judicial Department also.

•

Agreement in Form-II shall be attested by all the in the final meeting.

•

After Form-III is attested, the Land Acquisition Officer shall obtain affidavits from concerned interested persons on the same day in Form – IV.

•

Although the Negotiations Committee will hear the ryots, and other Parties interested in the lands, it will however discourage middle-men or advocates in the negotiations to ensure that the interests of the Pattedars are protected and compensation Payable goes only to concerned Pattedars/interested Persons.

•

Where the settlement is reached the land acquisition Officer after executing agreements in Form-III and IV under rules 10(ix) and 10(x) shall the consent award under section 11(2) read with second Proviso under Section 31(2) of the Land Acquisition Act. In the consent award to be so ed apart from other material facts the Land Acquisition officer shall specifically mention the total compensation agreed upon and and conditions of the agreement arrived at in Form –III.

•

The amount as agreed to before the Negotiation Committee shall not be more than 20% increase to the total benefits determined by the Land Acquisition Officer in the approved Preliminary value Statement.

•

The increase from 1% to 20% shall depend upon merits of each case.

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11. any increase beyond 20% shall be referred by the Land Acquisition officer to Government or to the Competent Authority to which such Powers may be delegated by Government for clearance. 12. (a) The Quantum of compensation, as arrived at the interested persons and requisitioning department before the Negotiations Committee shall be Package deal inclusive of market value/Additional market value/solatium/cost of the damages/valuation of structures/trees and interest etc., as are allowed under the Land Acquisition Act and Government Orders. The Package deal shall indicate the installments and mode and dates of payments, if any. (b) If there is delay in Payments after settlement as per package deal interest as provided under Section 34 of Land Acquisition Act shall be paid from the due date. 13. If the negotiations fail, the Land Acquisition Officer shall proceed further in accordance with the provisions of Land Acquisition Act and shall not take into cognizance the deliberations of the Negotiating Committee for taking further action. 14. In case, Government do not approve of the proposed settlement rate of the Committee, the Land Acquisition officer shall proceed as per the provisions of the Land Acquisition Act and without regard to any of the proceedings of the Committee. 15. The interested persons shall be at liberty to hand-over the possession of land on any other conditions as agreed upon with the Negotiations Committee and as stated in the Agreement Deed. 16. After negotiated settlement the consent award shall be ed by the Land Acquisition Officer under Section 11(2) read with second Provision under Section 31(2) of Land Acquisition Act and reference under Section 18 shall not be made in Court of Law. 17. The settlement arrived at or consent award ed under these rules shall not be applicable to the other similar cases. 18. Nothing in these rules prevent the Land Acquisition officer from ing consent awards under Section 11 (2) read with second Proviso under Section 31 (2) of the Land Acquisition Act. 19. The Government may from time to time issue such guidelines or executing instructions as may be deemed necessar y. T. GOPAL RAO Secretary to Government

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FORM – I (Sec Rule 5) Notice calling for claims for settlement through Negotiation Committee It is hereby informed that the land specified ……………………………………… ………………………………………… at Sy. Nos. …………….…………….Measuring ……………………………… Acs …………… …………………… .. in the village of ……………………………………………… .. in the Mandal of ………………………… . ……………………………………… .. in the district of ………………………………… .. …………………………………… .. in the District of …………………………………… . Is needed for a public purpose to wit for ………………………………………………… ………………………………………… In accordance with the notification under section 4(1) of the Land Acquisition Act I of 1894, as amended by the land Acquisition (Amendment) Act XXXVIII of 1923, Published by Government at Page ………………………………………… of part-I of the Andhra Pradesh Gazette, dated………………… ………….. All persons interested in the land should appear personally or by person authorized by them before the Negotiation Committee on …………………………… .. at…………………………………… at……………………………………………… and to state their willingness to settle their claims through the Negotiation Committee.

CONVENOR NEGOTIATION COMMITTEE FORM – II To The – (Requisitioning Department) It is hereby informed that a notification uder Section 4(1) of Land Acquistion Act, 1894 was duly published at page ………………. Of part I of Andhra pradesh Gazett dated ……………………… .. for acquiring the land in Survey No. …………… measuring an extent of ……………………… Acs of ………………………… ..village …………………………………………… (Mandal) ……………………… ..District to wit for ………………………… The persons interested in the said land acquisition have vide their representation dated …………………………… ……………. expressing willingness for settlement of their claims by the Negotiation Committee. You are therefore requested to give your willingness in wring for settlement of the claims by the Negotiation Committee constituted vide G.O. Ms. No. ……………. CONVENOR, NEGOTIATION COMMITTEE 56

FORM – III Agreement to be executed when land is acquired for Public Purposes by agreement between the persons interested and the acquiring body U/s. 11 (1) read with Section 31 (20 of Land Acquisition Act, 1894. An agreement made this ………………………………… .. day of ……………… 19 ………………………………… between ………………………………………… Hereinafter called the ‘Owner” (Which expression shall unless repugnant to the context or meaning there of include his heirs, executors and s) and …………………………………………… . Hereinafter called the ‘Interested party’ (Which expression shall unless repugnant to the context or meaning thereof include their successors and assignees (to b scored out if there is no interested party on the one Part and the Government represented by …………………… ……………………… (LAOs) hereinafter called the ‘Government’ on the other part and attested by Negotiations Committee. AND WHEREAS the right, title and interest of the owner/owners and the interested party/parties in the following land/ lands hereinafter called the said land / lands is/ are as specified below: (a) Persons being the absolute owner/owners of the Property or having an interest there in capable of leading ownership ultimately, hereinafter mentioned and hereby conveyed in the following shares, that is to say: (1) ………………………………………… .. S/o ……………………… . Share ………… (2) ………………………………………… . S/o ……………………… . Share …………. (3) ………………………………………… . S/o ……………………… . Share …………. ……………………………………………………………………………………………… ………………………………………………………………………………………………… ………………………………………………………………………………………………… ………………………………………………………………………………………… (b) Where the land/lands re held by the interested party / Parties under the owners named herein above with respective and nature of interest: (1) …………………………………………… S/o ……………………………… Definite Term and nature of interest ………………………………………… ...…………. Definite (2) Term and nature of interest …………………………………………… .……. Definite (3) …………………………………………… S/o ……………………………… Definite Term and nature of interest ………………………………………… ...…………………… ……………………………………………………………………………………………… (c) AND WHEREAS the said piece and perscel of Land was mortgaged by the Owner to the interested party by a mortgage Deed Dt. ………………………………… 57

that the ……………………………………………………………… executed by the Owner of the first part and the Interested Party of the other part and ed with the Sub-Registrar at ……………………………………… . Under serial No. …………………… .. At pages ………………… volume No. …………………………… of book ………………………… …… to …………………………………… .. of on (To be scored out if there is no interested party). AND WHEREAS the said land/lands have ben notified for acquisition under section 4 of the Land Acquisition Act, 1894 under Notification No. …………………… Dated………………………… published one on ……………………………………… .. and under section 6 of the said Act under Declaration No. …………………………… dated………………… Published on …………………………………………… . And whereas the owner and the interested party and the acquiring body agreed for the payment of compensation at ……………………………………………………………… . as a ……………………………………………… .. package deal for an extent covering Acrs……………………………………… …In ……………………………………………… . (vg) ……………………………………………… .(Mandal) …………………………… ... (District) the package deal represents the Market value of the land including structural value and tree value/additional Market value, solatium and interest if any (up to the date of payment of 1st instalment) and also apportion the same between themselves as herein after provided.

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ANDHRA PRADESH RAJAPATRAM RULES SUPPLEMENT TO PART - I EXTRAORDINAR Y OE

THE ANDHRA PRADESH GAZETTE PUBLISHED BY AUTHORITY -----------------------------------------------------------------------------------------------------------NO 34] HYDERABAD, MONDAY, DECEMBER 20, 1993. -----------------------------------------------------------------------------------------------------------NOTIFICATIONS BY GOVERNMENT REVENUE DEPARTMENT (L.A.) AMENDMENT TO RULES RELATING TO ANDHRA PRADESH LAND ACQUISTION NEGOTIATION COMMITTEE [ G.O. Ms. No. 1286, Revenue (L.A.), 16th December, 1993 ] In exercise of the powers conferred by sub-section (1) of section 55 of the Land Acquisition Act, 1894 (Contract Act 1 of 1894) the Government of Andhra Pradesh here by makes the following amendments to the Andhra Pradesh land Acquisition (Negotiation Committee) Rules, 1992 the same having been previously published in Rules Supplement to Part – I extraordinary of the Andhra Pradesh Gazette No. 29, dated the 11th November 1993, as required under sub-section (2) of section 55 of the said Act:-

AMENDMENTS In the said rules 1. In rule 4 item (2) shall be deleted; 2. In rule 10 3. In clause (viii) the words” and nominee of judicial Department” shall be omitted; 4. in clause (ix) the words occurring and shall be authored by name of Judicial Department also shall be omitted. CH.V.S.R. ANJANEYA SASTRY Deputy Secretary to Government -----------------------------------------------------------------------------------------------------------Printed and published by the Commissioner of Printing, Government of Andhra Pradesh at Government Central press, Hyderabad. 59

ANDHRA PRADESH RAJAPATRAM RULES SUPPLEMENT TO PART – I EXTRAORDINAR Y OE

THE ANDHRA PRADESH GAZETTE NO

PUBLISHED BY AUTHORITY HYDERABAD, THURSDAY, JUNE 22, 1995.

28]

NOTIFICATIONS BY GOVERNMENT REVENUE DEPARTMENT (L.A.) AMENDMENT TO RULES RELATING TO ANDHRA PRADESH LAND ACQUISITION NEGOTIATION COMMITTEE [ G.O. Ms. No. 296, Revenue (L.A.), 17th June, 1995 ]

In exercise of the powers conferred by sub-section (1) of section 55 of the Land Acquisition Act, 1894 (Contract Act 1 of 1894) the Government of Andhra Pradesh here by makes the following amendments the Andhra Pradesh land Acquisition (Negotiation Committee) Rules, 1992 the same having been previously published in Rules Supplement to Part – I extraordinary of the Andhra Pradesh Gazette No. 22, dated the 8th May 1995, as required under sub-section (2) of section 55 of the said Act:-

AMENDMENTS In the said rules 1. In sub-rules (xiv) and (xv) of rule 10, for the figure 20% the figure 50% , shall be substituted; 2. In rule 11 of the figure 20% the figure 50% shall be substituted.

A. CHENGAPPA, Secretary to Government.

Printed and published by the Commissioner of Printing, Government of Andhra Pradesh at Government Central press, Hyderabad.

60

ANDHRA PRADESH RAJAPATRAM RULES SUPPLEMENT TO PART – I EXTRAORDINAR Y OE

THE ANDHRA PRADESH GAZETTE NO

PUBLISHED BY AUTHORITY HYDERABAD, MONDAY, AUGUST 10, 1998.

26]

NOTIFICATIONS BY GOVERNMENT REVENUE DEPARTMENT (L.A.) AMENDMENT TO RULES RELATING TO ANDHRA PRADESH LAND ACQUISITION NEGOTIATION COMMITTEE [ G.O. Ms. No. 594, Revenue (L.A.), 10th August, 1998 ]

In exercise of the powers conferred by sub-section (1) of section 55 of the Land Acquisition Act, 1894 (Contract Act 1 of 1894) the Government of Andhra Pradesh here by makes the following amendments the Andhra Pradesh land Acquisition (Negotiation Committee) Rules, 1992 the same having been previously published in Rules Supplement to Part – I extraordinary of the Andhra Pradesh Gazette No. 22, dated the 8th May 1998, as required under sub-section (2) of section 55 of the said Act:AMENDMENTS In the said Rules:1. In rule I, for the expression ‘(Negotiation Committee)” the expression “(District Level Negotiation Committee)” shall be substituted. 2. For rule 2, the following shall be substituted namely:•

Definitions 1) ‘Negotiation Committee’ means the District Level Negotiation Committee constituted under rule 4 of these rules.

•

In these rules, unless expressly specified, the definition of the words used shall be same as defined in the Land Acquisition Act, 1894.

3. For rule 3, the following shall be substituted namely:• “Action for negotiation shall commence only after approval of preliminary value and that award enquiry under section 11 of the Land Acquisition Act, 1894 is completed”. 4. In rule 4, the following item shall be added, namely:•

One retired District Judge to be nominated by the GovernmentMember”. 61

5. In rule 6:(a) for sub-rule (ii), the following shall be substituted, namely:“(ii) The owner or person interested shall withdraw the cases pending in the Courts, as the case may be, before payment of compensation and the total benefits payable under the Act”. (b) for sub-rule (v), the following shall be substituted, namely:“(v) Negotiations for settlement shall commence only when all interested persons or representatives authorized by them covered by a Notification give a statement expressing willingness for settlement by the Negotiation Committee and when the Requisitioning Department or Authority files a written requisition in Form – V before the District Collector and the Chairman, Negotiation Committee to the consent award through the Negotiation Committee”. 6. for rule 3, the following shall be substituted, namely:“8 The Requisitioning Department or Authority shall file a written requisition in Form V to the District Collector and the Chairman, Negotiation Committee to the consent award through the negotiation Committee under Section 11(2), read with second provision sub-section (2) of section 31 of the Land Acquisition Act, 1894”. 7. For clause (vii) of rule 10, the following clause shall be substituted, namely:“(vii) the proceedings or deliberations of the committee pertaining to the claims of compensation etc., shall be recorded”. 8. For rule 11, the following shall be substituted namely:“11 Any Increase beyond the competence of District Committee shall be referred to by the Chairman of the District Committee to the Andhra Pradesh State level negotiation Committee after receiving the written requisition in the prescribed Form No. V] submitted by the Requisitioning Department with the prior approval of the Head of the Department or Competent Authority concerned.” 9. Form II shall be omitted. 10. After Form IV, the following Form shall be added, namely:(a)

Form V

(b)

Form VI

62

FORM No. V (See rule 6(v) and 8) To The District Collecotr & Chairman, District Level negotiation Committee. Sir, It is, hereby, informed that a notification U/s4(1) of L.A. Act, 1894 was duly published at page…………………… . Of part – I of A.P. Gazette Dated ……………… . For a acquiring the land in Sl. No. …………………………… measuring an extent of Acres …………………………… of…………………………………………… . Village in …………………………… . Mandal of …………………………………… . District to wit for ………………………………………… It is requested that the above lands may be acquired by ing consent award U/s 11(2) of the L.A. Act, as the lands are urgently required by the Requisitioning Department or Authority for grounding or implementing the project or scheme expeditiously.

Requisitioning Department of authority

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ANDHRA PRADESH RAJAPATRAM RULES SUPPLEMENT TO PART - I EXTRAORDINAR Y OE

THE ANDHRA PRADESH GAZETTE PUBLISHED BY AUTHORITY -----------------------------------------------------------------------------------------------------------NO 49] HYDERABAD, TUESDAY, SEPTEMBER 4, 2001. -----------------------------------------------------------------------------------------------------------NOTIFICATIONS BY GOVERNMENT ******* REVENUE DEPARTMENT (L.A.) AMENDMENT TO RULES RELATING TO ANDHRA PRADESH LAND ACQUISITION NEGOTIATION COMMITTEE [ G.O. Ms. No. 590, Revenue (L.A.), 4th September, 2001. ] The following amendment proposed to be made to the Andhra Pradesh Land Acquisition (District Level Negotiation Committee) Rules, 1992 issued in G.O. Ms. No. 1050, Revenue (LA) Department, dated 17-101992 and published in the Extraordinary issue of the Andhra Pradesh Gazette No. 45, dated 26-101992 in exercise of the powers conferred by sub-section (1) of section 55 of the Land Acquisition Act, 1894 (Central Act 1 of 1894) and as subsequent ly amended, is hereby, published for general information in the Andhra Pradesh Gazette as required under sub-section (2) of section 55 of the said Act. Notice is hereby given that the aforesaid amendment to the rules will be taken into consideration by the Government on or after the expiry of fifteen (150 days from the date of publication of this notification in the Andhra Pradesh Gazette and any objection or suggestions received from any person thereof within the aforesaid period may be considered by the Government. The objections and suggestions should be in writing either in English or Telugu and addressed to the principal Secretary to Government, Revenue (LA) Department, Government of Andhra Pradesh, Hyderabad-500022 (By designation). AMENDMENT In the said rules, rule 14 shall be omitted. A.V.S. REDDY, Principal Secretary to Government -----------------------------------------------------------------------------------------------------------Printed and published by the Commissioner of Printing, Government of Andhra Pradesh at Government Central press, Hyderabad. 64

ANDHRA PRADESH RAJAPATRAM RULES SUPPLEMENT TO PART - I EXTRAORDINAR Y OE

THE ANDHRA PRADESH GAZETTE PUBLISHED BY AUTHORITY -----------------------------------------------------------------------------------------------------------NO 1A] HYDERABAD, MONDAY, APRIL 1st, 2002. -----------------------------------------------------------------------------------------------------------NOTIFICATIONS BY GOVERNMENT ******* REVENUE DEPARTMENT (L.A.) AMENDMENT TO ANDHRA PRADESH LAND ACQUISITION (NEGOTIATION COMMITTEE) RULES, 1992 [ G.O. Ms. No. 2, Revenue (L.A.), 1st January, 2002. ] In exercise of the powers conferred by sub-section (3) of section 55 of the Land Acquisition Act, 1894 (Central Act 1 of 1894) as subsequently amended the Governor of Andhra Pradesh here by makes the following amendments in the Andhra Pradesh Land Acquisition (Negotiation Committee) Rules, 1992, the same having been previously published vide G.O. Ms. No. 590, Revenue (LA) Department, dated 4th September, 2001 in Rules Supplement to part I, Extraordinary of the Andhra Pradesh Gazette No. 49, dated the 4th September, 2001, as required under Sub-section (2) of section 55 of the said Act, and not having received any objections and suggestions thereon.

[1]

AMENDMENT

In the said rules, rule 14 shall be omitted.

K.C. MISRA, Special Chief Secretary to Government

65

AMENDMENT TO ANDHRA PRADESH LAND ACQUISITION (NEGOTIATION COMMITTEE) RULES, 1992 AMENDMENT. [ G.O. Ms. No. 130, Revenue (L.A.), 21st March, 2002. ]

The following amendment is issued to G.O. Ms. No. 2, Revenue (LA) Department dated 1-1-2002.

AMENDMENT

For the words “Extraordinary issue of the Andhra Pradesh ‘Gazette, dated 4-9-2001” occurring in Para 1 of the G.O. Ms. No. 2, Rev. (LA) Department, dated 1-1-2002, the words shall be read as “Extraordinary issue of Andhra Pradesh Gazette, dated 1-1-2002”.

C. ARJUNA RAO, Special Chief Secretary to Government. ---------------------------------------------------------------------------------------------------------------Printed and published by the Commissioner of Printing, Government of Andhra Pradesh at Government Central press, Hyderabad.

66

ANDHRA PRADESH RAJAPATRAM RULES SUPPLEMENT TO PART - I EXTRAORDINAR Y OE

THE ANDHRA PRADESH GAZETTE PUBLISHED BY AUTHORITY -----------------------------------------------------------------------------------------------------------NO 16] HYDERABAD, THURSDAY, JUNE 18, 1998. -----------------------------------------------------------------------------------------------------------NOTIFICATIONS BY GOVERNMENT ****** REVENUE DEPARTMENT (L.A.) CONSTITUTION OF STATE LEVEL NEGOTITATION COMMITTEE FOR PAYMENT OF COMPENSATION AND TOTAL BENEFITS UNDER A.P. LAND ACQUISTION (STATE LEVEL NEGOTITATION COMMITTEE) RULES, 1998. [ G.O. Ms. No. 431, Revenue (L.A. -2), 18th June, 1998. ] In exercise of the powers conferred by sub-section (3) of section 55 of the Land Acquisition Act, 1894 (Central Act 1 of 1894) as subsequently amended the Governor of Andhra Pradesh after having published the draft rules in Rules Supplement to Part – I Extraordinary of the Andhra Pradesh Gazette as required under sub-section (2) section 55 of the said Act, hereby makes the following Rules: RULES 1. Short title, extent – (1) These rules may be call the Andhra Pradesh Land Acquisition (Negotiation Committee) Rules, 1998. (2)

They shall extend to the whole of the States of Andhra Pradesh.

(3)

In the rules, unless the context otherwise requires:(a)

“Act” means the Land Acquisition Act, 1894;

(b)

“District Committee” means the District Negotiation Committee constituted under the Andhra Pradesh Land Acquisition (Negotiations Committee) Rules, 1992.

(c)

“State Committee” means the Andhra Pradesh land Acquisition State level Negotiations Committee Constituted under Rule 3. 67

3. Compensation and composition of the State level negotiation Committee(1) The Andhra Pradesh land Acquisition State level negotiation Committee for settlement of the claims of compensation and total benefits payable under the Act through negotiation shall be constituted at the State level; (2) The Composition of the Sate level Committee shall be as follows:(i)

The Commissioner of Land Revenue

.. Chairman

(ii)

Secretary to Government, Revenue

.. Member

(iii)

Secretary to Government, Law

.. Member

(iv)

Secretary to Government, Finance

.. Member

(v)

Principal Secretary to Government (or) Secretary to Government of the concerned Department

.. Member

Representative of the concerned Requisitioning Department/Requisitioning Agency

.. Member

(vii)

Managing Director, APIIC (for industrial projects)

.. Member

(vii)

One Retired District Judge to be appointed by the Government

.. Member

(ix)

Secretary to C.L.R.

.. Convenor

(x)

Any other officer who the Committee desires to invite

(vi)

.. Member

(3) The quorum for the final meeting shall consist of all official of the committee and all the shall be present in person and no nominee is permitted. 4. The procedure for the conduct of the business by the Negotiation Committee shall be as follows:(i)

The Chairman may preside or authorize any other senor member to preside over the meetings of the committee, except the final meting.

(ii)

The final meeting in which negotiations or settlement is confirmed shall, however, necessarily be presided over by the Chairman.

(iii)

The Convenor under the directions of the Chairman shall fix the date; time and place of the meetings.

68

5. Powers and functions of the State Committee- The State Committee shall determine the claims for compensation and total benefits payable under the Act in cases: (1)

Where the amount recommended by the District Level Committee is beyond its competence;

(2)

When the negotiations at the District Level fail, and the Requisitioning Department/Authority with the prior approval of the Head of the Department/ Competent authority makes a written requisition to the District Collector and Chairman. District Committee to refer the matter to the State Level Committee for early completion of Land Acquisition proceedings;

(3)

As and when any matter is referred to it by the Government.

6. (1) The Convenor of the State Committee shall cause through District Collectors concerned notice in form to be affixed at two or more public places like office of Gram Panchayat , Village Chavadi, etc., of the village in whose jurisdiction the land proposed to be acquired lies, and the persons interested in the land may be required to appear personally or by persons duly authorized by them to attend the meetings of the State Committee at the time and place specified therein. (2) The State Committee may take up local inspections wherever deemed necessar y or the Chairman of the State Committee may nominate a team of officials to inspect the lands and submit a report. (3) The State Committee after going through various material papers, documentary evidence and after holding negotiations with the persons interested shall determine the total benefits payable and shall communicate its decision to the Collector/District Committee or to the Requisitioning Department/Authority or to the Government, as the case may be; (4) After communication of the decision under sub-rule (3) to the District Committee the land Acquisition officer shall follow the procedure prescribed in the Andhra Pradesh land Acquisition (Negotiation committee0 Rules, 1992 and take further action accordingly: 7. The quantum of compensation as arrived at before the State Committee shall be a package deal inclusive of market value/additional market value/solatium /cost of the damages/valuation of structures/trees, interest etc., as are allowed under the Act and the Government orders. The quantum of compensation determined shall depend on the merits of each case. 8. After negotiated settlement is arrived at by the State Committee the consent award shall be ed by the Land Acquisition officer under section 11(2)read with the second proviso under Section 31 (2) of the Act and reference under Section 18 shall not be made in a court of Law. 69

9. If the negotiations fail at the Sate level, the Land Acquisition officer shall proceed further in accordance with the provisions of the Act and shall not take into cognizance the deliberations of the Sate Committee for taking further action. 10. The consent award ed by the land Acquisition officer under section 11(2) of the Act basing on the decision of the State Committee shall not be made as a basis for any other similar case. 11. Nothing in these rules shall prevent the Land Acquisition officer from ing consent awards under Section 11 (2) read with the second proviso under Section 31 (2) of the Act. 12. The Government may from time to time issue such guidelines and executive instructions as may be deemed necessary. 13. Power to call for records by the State Committee: The State Committee may at anytime before taking a final decision call for any records or any proceedings for the purpose of satisfying itself either from the office of the Collector or the requisitioning authority. 14. Power to summon and enforce attendance: (1)

The State Committee may at any time summon and enforce attendance and examine any officer or interested person; and

(2)

Receive evidence from such officer or person interested.

70

FORM [Sec Rule 6 (1)] It is hereby informed that a notification under Section 4(1) of the Land Acquisition Act, 1894, was duly published at page………………. of part I of the Andhra Pradesh Gazette, dated ………………… .. for acquiring the land in sy. Nos…………………………… measuring an extent of Ac……………… .. in …………. (v) of ……………..Mandal in ………………… District to wit for ……………………… . The persons interested in the said lands are required to appear before the undersigned at …………………………… on ………………………………… . In the office of the Commissioner of Land Revenue, Andhra Pradesh, Hyderabad with necessar y documentary evidence to present their claims for quantum of compensation for taking further action for ing the consent award under section 11 (2) read with the second proviso under Section 31 (2) of the land Acquisition Act, 1894.

To Sri …………………………………… ……………………………………… .. ……………………………………… .. ……………………………………… .. G. SUDHIR, Secretary to Government -----------------------------------------------------------------------------------------------------------Printed and published by the Commissioner of Printing, Government of Andhra Pradesh at Government Central press, Hyderabad.

71

GOVERNMENT OF ANDHRA PRADESH

Abstract Land Acquisition – Court Cases – Out of court settlement through District level negotiations Committee – Instructions – Issued -----------------------------------------------------------------------------------------------------------Irrigation & CAD (LA.IV-R &R) Department Dated: 15-03-2005

G.O. Ms. No. 46 O R D E R:

It has been observed by Government that in large number of land acquisition cases land owners approach Civil Courts under section 18 for enhancement of compensation for the land. The disposal of cases takes lot of time and it is many years by the time the case is finally disposed of in Civil Court, High Court and Supreme Court, in most of the cases, after the case is finally disposed of in the courts. The Government has to pay not only the enhanced compensation but also huge interest (9% in the first year and 15% thereafter) on enhanced compensation. 2. To expedite the disposal of the cases in different courts it has been proposed that the district level Negotiations Committee constituted under G.O. Ms. No. 1050 Revenue (Land Acquisition) Department. Dt: 17-10-1992 for ing the consent award under section 11(2) of the land Acquisition At be empowered to negotiate with the land owners, and once the settlement is reached, to file a consent t affidavit before the court with a request for a consent award or decree. The basic idea behind this mechanism is to bring finally to at the earlier cases pending in the courts of Law which would help not only in early realization of the amount due to the land owner but also reduce interest burden on the Government on of payment of interest. 3. Accordingly Government after careful consideration in the matter hereby empower the District Level Negotiation Committee constituted under G.O. Ms. No. 1050. Revenue (Land Acquisition) Department dated 17-10-1992 to entertain petition or initiate action suo-motu for negotiations with land owners. Once negotiations is reached a t affidavit by Land Acquisition officer and the land owners concerned can be filed before the court concerned with a request to a consent decree / award. Once consent affidavit is accepted by court and a consent award / decree is issued by court the Land Acquisition officer will take further action for implementation of such consent award / decree without any further loss of time.

4. under this provision the District Level Negotiations Committee is empowered to award an additional amount to maximum extent of 50% of the compensation (award value inclusive by the Land Acquisition officer in his award). 72

For example, if total award value is Rs. 10.6 lakhs, the District level negotiations Committee is authorized to negotiate upto a maximum amount of Rs. 15.9 lakhs (Rs. 106 lakhs + Rs. 5.3 lakhs) as an all-inclusive packages. The additional amount from 1 to maximum 50% shall depend on the merits of each case. Extra care should be taken while arriving at the additional amount within the upper limit indicated where the amount awarded by the Land Acquisition Officer has a large component of interest in it.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

Dr. Mohan kanda Chief Secretary to Government. To All District Collectors, The Engineer-in-Chief (AW), Errammanzil, Hyderabad. The Engineer-in-Chief (Irr.), Errammanzil, Hyderabad. Copy to: Revenue Department. // FORWARD :: ORDER // SECTION OFFICER

73

STANDING ORDERS OF BOARD OF REVENU

(2) (a) The Special officer appointed for land acquisition may sanction the following transfers and carry out the consequential changes in the revenue s. Without reference to or the intervention of the Revenue Divisional Officers concerned:(i)

transfers to Public Works Departments poramboke of assessed waste and poramboke lands at the disposal of the State Government which are required for the public work, and

(ii)

Transfers to Public Works Department poramboke, of channel s carttracks and footpaths shown as ‘details’ in private holdings which are sub-divided and reserved in connection with the public work after publication of notices inviting objections to transfer and without acquiring such portions.

(b)

The Special officer may make payments of the compensation amount while camping in the village immediately after closing the award enquiry and ing the award.

(c)

The Special Officer may carry out the changes in the village and the taluk s without reference to the Revenue Divisional Officers concerned in accordance with the following instructions.

(i)

While carrying out the changes both in the village and the taluk s and inserting the new maps in the karnams, and the taluk copies of the Field Measurements Books, the Special Officer should also attend to the cancellation of old sketches, correction of side numbers in the field maps affected and amendment of the demarcation sketches and stone s.

(iii)

The entry of the changes in the diglot should follow the form of the diglot , the blank pages being neatly ruled and all the columns entered.

(iii)

The Special Officer should intimate the new numbers assigned; to the Survey party, as soon as the survey has been finished or immediately after the ing of the award without waiting till the changes are incorporated in the maintained set of maps and in the village and the taluk s.

(iv)

The Circle officer or District Survey or may transfer the maintainable set of maps of the villages in estates to the Survey Party and get them back after all the new changes have been incorporated.

74

GOVERNMENT OF ANDHRA PRADESH ABSTRACT LANDS-Government assigned lands coming under submergence in Major and Medium irrigation & Power projects – payment or compensation in respect or Government lands assigned on ‘D’ Form patta – Assignment of alternative lands wherever available to such of occupants not holding ‘D’ Form Patta (Encroachment) but otherwise eligible for assignment of Government lands – ORDERS – ISSUED. ---------------------------------------------------------------------------------------------------------------REVENUE (B) DEPARTMENT Dated: 9th February, 1984 Read the following: 1. G. O. Ms. No. 2530/ Revenue/ Dated 6-6-1980 2. G.O. Ms. No. 1185/ Revenue / Dated 27-7-1981

G.O. Ms. No. 180.

O R D E R:The question of payment of compensation in respect of Government lands assigned on ‘D’ form patta which are coming under submergence in all the projects i.e., Major and Medium Irrigation and power projects has been examined by the Government and the following proposals have been considered: 1. Where ‘D’ form pattas have been given to landless poor persons and such lands have been acquired under the projects, the land owners (assignees) will be paid compensation, on the lines of the compensation paid to similar land owners, under the Vizag Steel Plant rehabilitation project and Srisailam Project; 2. Where no such ‘D’ forms were granted but the landless poor persons have been in encroachment of Government waste lands since a longtime and are otherwise eligible for assignment of Government lands, the District Collectors will assign to such persons alternative Government lands where available. 2. After examining the above proposals carefully, the Government issue the following orders; 3. Government lands which have been assigned on ‘D’ form patta to landless poor persons and which are coming under submersion of any major, medium irrigation and power projects, shall be resumed by the government. The assignees of such lands shall be paid compensation on comionate grounds at the market value fixed for similar patta lands in the villages for which draft notification under section 4(1) of the Land acquisition Act, 1894 were first published and thereafter. The payment of this compensation shall entitle the occupants to the cash grants payable to displaced families in of G. O. Ms. No. 59/ irrigation & power (P.W.) Department, Dated 19-3-1980. 75

4. The orders issued in G.O. Ms. No. 1185/ Revenue, Dt. 27-7-1981 will stand modified to the extent ordered in para 3 above. 5. The powers to resume Government lands assigned on ‘D’ form patta and coming under submersion of any of the above projects shall be exercised by the Special Deputy Collector of the respective project, instead of the Revenue Department officers. 6. Where ‘D’ from pattas have not been granted and the landless poor persons have been in encroachment of Government lands coming under submersion of any major, Medium Irrigation or power projects, since a long time and the said occupants are otherwise eligible for assignment of Government lands, the respective District Collectors will grant alternative Government lands wherever available. They will not be entitled for any compensation. 7. The Commissioner of Land Revenue, Hyderabad is requested to take action accordingly.

(BY ORDER AND IN THE NAME OF GOVERNOR OF ANDHRA PRADESH)

L. SUBBA RAO SECRETARY TO GOVERNMENT xx xx xx xx All Collectors, Karimnagar xx xx xx xx / / Forwarded by Order / / Sd/- Section Officer.

Superintendent.

76

GOVERNMENT OF ANDHRA PRADESH ABSTRACT COMPENSATION:- Government assigned lands coming under submergence in Major and Medium irrigation 7 power projects etc., - payment of Compensation to assigned lands when resumed for public purpose orders issued. ---------------------------------------------------------------------------------------------------------------REVENUE ASSIGNMENT 1) DEPARTMENT

Dated 23-12-1993

G. O. Ms. No. 1307 1. 2. 3. 4. 5.

G.O. Ms. No. 180 Rev. (n) Dept., Dt. 9-2-84 G.O. Ms. No. 603 Rev. (B) Dept., Dt. 28-5-86 G.O. Ms. No. 43 Rev. (B) Dept., Dt. 23-1-88 G.O. Ms. No. 428 Rev. (B) Dept., Dt. 25-4-92 From the C.L.R. Lr. No. G1/2632/80, Dt. 22-2-92.

ORDER In G.O.Ms. No. 180 Revenue (B) Department Dt. 9-2-84 and G.O. Ms. No. 603 Rev. (B) Dept., Dt. 28-5-86 orders were issued to the effect that Government lands, which have been assigned on ‘D’ form patta to landless poor persons and which will come under submersion of any Major, Medium irrigation and power projects, or are required for Industrial Projects, shall be resumed by the Government and the assignees of such lands shall be paid compensation on comionate grounds at the market value fixed for similar patta lands in the village, which were acquired under the provisions of Andhra Pradesh Land Acquisition Act. 1894. It was however ordered that no compensation need be paid where alternative lands are given to the assignees. The Commissioner of land Revenue in his letter 5th read above has stated that it is just and proper that assignees, whose lands are resumed once for all in projects, are paid suitable compensation on par with other pattadars as they are also displaced by virtue of resumption of their lands and they also lose their livelihood. It is therefore, suggested that ex-gratia equivalent to the market value of the land, be paid subject to certain conditions. In the Empowered committee meeting held on 21-6-1993, during the discussions the issue regarding payment of compensation equivalent to the market value to the assignees, whose lands are resumed once for all for public purpose on par with other pattadars, as suggested by Commissioner of Land Revenue came up for discussion and it was decided to place the proposal before the Cabinet. The government after careful examination of the matter in consultation with the Commissioner of Land Revenue, Irrigation and Command Area Department and Finance Department hereby order payment of lumpsum of ex-gratia equivalent to the 77

market value to the assignees whose lands are resumed for the projects and other public purposes and equivalent to valuation for other private orchards structures, wells etc., removing the directions stipulated in para (3) of G.O. Ms. No. 428 Revenue (Asn.1) Department Dt. 25-4-92 subject to the following conditions. a. That the amount is to be treated as ex-gratia b. That the assignees would not be entitled for marking references under section 18 and section 28-A of land Acquisition Act to the courts. c. An amount equivalent to 15% for the lands resumed prior to 30-4-82 and 30% after that date on the market value payable under S4ction 23(1) of Land Acquisitions Act may be considered for being included in the total ex-gratia payable to the assignees as solatium d. That the assignees will not be entitled for interest or additional market value under the Land Acquisition Act. e. That the above conditions shall be made applicable to all the assigned lands resumed on or after 9-2-1984 (i.e. the date of issue of G.O. Ms. No.180, Revenue dated 9-2-84, in supersession of G.O. Ms. No. 43, Revenue (s) Department) Dt. 23-1-88. 6. The Commissioner of Land Revenue shall take action in the matter accordingly.

(BY ORDER AND IN THE NAME OF THE GOVERNMENT OF ANDHRA PRADESH)

M. NARAYANA RAO Secretary to Government To All Collectors etc.,

78

GOVERNMENT OF ANDHRA PRADESH REVENUE (ASN. 1) DEPARTMENT

Circular Memo no. 76553/Asn.1 (1) 98-2

Dated: 27-05-1999

Sub:-Land Acquisition- payment of compensation in respect of assigned lands resumed for public purpose – Instructions – Issued Ref:1. G.O. Ms.No.1307 Rev. Dt.28-5-86(Asn.1) Department dt. 23-12-1993 2. From govt. pleader for Land Acquisition, high court of A.P. Lr.No. WP, 1510891/LA PRR, Dated 24-1-1999. 3. From the Spl.C.S & C.L.R., Hyderabad Lr.No.G1/175/98, dated 7-4-98 4. From the Spl.Colloctor (FAC) T.G.P. Nellore, Lr. No. D3/153/96, dated 24-7-1998. ******* It has been brought to the notice of the government that in certain cases where the assignees were dispossessed from the assigned lands, without resuming the said lands in of the grant and without payment of ex-gratia, the Government have been directed by the Courts to Initiate proceedings under the Land Acquisition Act, 1894.and to pay compensation under the said Act. This involves payment of not only compensation but also other benefits like solatium interest, additional market value etc., besides the facility to seek reference to the Civil Court under section 18 of the Land Acquisition Act for enhancement of the compensation. Due to non–resumption of the assigned lands before they are taken possession whenever required for any public purpose the Hon’ble High Court in several cases has ordered for payment of compensation for the assigned lands. In fact the assignees do not have title over the assigned lands and as such they are not entitled for compensation under the land Acquisition Act in case the assigned lands are resumed for a public purpose. Even at the time of grant a condition was incorporated that if the lands are required for a public purpose the lands can be resumed by the Government. 2. The Government Pleader for land Acquisition High Court Andhra Pradesh, Hyderabad has quoted the judgments of the Hon’ble court in (W.P.) A.S. No. 452 of 1986 and in WP. Nos. 14341/90 and WP. No. 15180/90. (1996 (2) ALD 1215 (FB) = 1997 (1) ALT 498 (FB) Dt. 7-2-1996. 3. In this connection it is also pertinent to quote the verdict of the Hon’ble Supreme Court of India in S.L.P.No. 18069/96 filed by the Collector, Adilabad and others against W.A. No. 440/96 which reads as follows: “Learned Addl. Solicitor General was right when he contended that the Land Acquisition Act will not be applicable by itself and instead G.O. Ms. No. 1307 will be applicable and compensation has to be computed as per G.O. Ms. No. 1307, dated 79

23-12-1993. Even learned counsel for the respondents has nothing to say on this legal position. Therefore it is clarified that when the fresh award is to be ed after hearing the petitioner, compensation is to be computed as per G.O. Ms. No. 1307 dated 23-12-1993. Even leaned counsel for the respondents has nothing to say on this legal position. Therefore it is clarified that when the fresh award is to be ed after hearing the petitioner compensation is to be computed as per G.O. Ms. No. 1307 Dated 23-12-1993. 5. Government after careful examination of the matter, hereby direct all the Collectors, Special Collectors and the land Acquisition Officers not to take possession of the assigned lands whenever they are required for a public purpose without issue of resumption orders by the competent authority as per the rules in force to avoid legal complications. In such cases ex-gratia shall be paid as per the orders issued in G.O. Ms. No. 1307 Revenue (Ans.1) Department, dated 23-12-1993 to the eligible individuals. 6. The Special C.S. & Chief Commissioner of Land Acquisition is required to ensure that the above instructions are scrupulously followed by all concerned. 7. Receipt of these instructions shall be acknowledged

G. SUDHIR Secretary to Government

To All the Collectors, All land Acquisition officers All Special Collectors, Chief Commissioner of Land Acquisition, A.P., Hyderabad Copy to : The Government Pleader for land Acquisition, High Court A.P., Hyderabad

80

GOVERNMENT OF ANDHRA PRADESH ABSTRACT

Land Acquisition – Irrigation Projects/Schemes – Resumption of Government assigned lands/ required for irrigation projects – Comprehensive orders on payment of ex-gratia to the assignees / allottees when resumed for irrigation projects – Orders – Issued. -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - IRRIGATION & C.A.D. (PROJECTS WING – R & R – A2) DEPARTMENT Dated: 30-11-2004 Read the following:-

G. O. Ms. No. 135

1. G.O. Ms. No. 1307 Revenue Dt. 28-5-86(Asn.1) Department dated 23-12-1993 2. G.O. Ms. No. 162, I&CAD (FW:SRSP.1) Dept., dated 13-11-2003 3. G.O. Ms. No. 205, I & CAD (Irr.x1) Dept., dated 17-12-2003 O R D E R: In the G.O. first read above, orders were issued for payment of ex-gratia equivalent to market value and solatium to the assignees of Government lands whose lands are resumed for the project and other public purposes, subject to conditions like that they are not entitled for payment of interest or additional market value under the land acquisition act and also precluded from seeking reference to court under section 18 and 28-A of the Act. 2. In the G.O. second read above orders were issued on the recommendations of the Lok Adalat at Nizamabad that the assignees of government lands whose lands are resumed for Flood Flow Canal of Sriramsagar project be paid ex-gratia equivalent to the compensation paid as a package deal to the pattadars of private lands acquired on consent basis. Similarly in the G.O. third read above orders were issued that the assignees of the Government lands whose lands are resumed for Gutpa Lift irrigation Scheme be paid ex-gratia equivalent to the compensation paid as a package deal to the pattadars of private lands acquired on consent basis through District Level Negotiations Committee. 3. Certain representations have been received from the assignees of Government assigned lands in other projects requesting payment of ex-gratia to them on the same lines as was given in the above two projects. 4. The Government have contemplated a massive programme for completion of 26 projects within the next 5 years besides some other projects in progress. Keeping this huge programme in view the Government have examined the entire issue of payment of ex-gratia to the assignees of Government lands and also the

81

allottees of surplus ceiling lands whose livelihood is getting affected due to resumption of their lands for irrigation Projects. 5. In case of private patta lands being acquired on consent basis, the compensation is being paid as a package deal. The Government have therefore, felt that it is just and reasonable to pay ex-gratia for the assigned lands/surplus ceiling lands allotted to beneficiaries to be resumed for irrigation projects on par with the patta lands acquired on consent award basis subject to other conditions mentioned in G.O. Ms. No. 1307, Revenue (Assign-1) Department, dated 23-12-1993. 6. As part of Resettlement and Rehabilitation policy, it is the endeavor of government that people affected by construction of Irrigation Projects are suitably rehabilited to minimize the impact on their livelihood. 7. In the above circumstances Government after careful consideration and in consultation with the Revenue department and Finance (W & P) Department hereby order that ex-gratia to the assignees of government lands resumed for irrigation projects in the State be paid on pay with the package deal payable to the pattadars/awardees of private lands acquired on consent award basis for the same project subject to the conditions, that the Government lands shall in first instance be formally resumed as per rules and also subject to other conditions mentioned in G.O. Ms. No. 1307, Revenue (Assign-1) Department, dated 23-12-1993. 8. The government also hereby direct that where patta lands are acquired under section 11(i) of the Land Acquisition Act for the same project i.e., without consent award, the provisions of G.O. Ms. No. 1307 Revenue (Assign-1) Department, dated 23-12-1993. Will continue to be in force for payment of ex-gratia to the assigned lands. 9. With regard to resumption of surplus ceiling lands allotted to beneficiaries required for irrigation projects, the Government hereby direct that the surplus ceiling lands allotted to beneficiaries be treated on par with the assigned Government lands as far as payment of ex-gratia is concerned and all instructions applicable for Government assigned lands issued from time to time for payment of ex-gratia will also be made applicable to surplus ceiling lands allotted to beneficiaries wherever those lands are resumed for irrigation projects. 10. The Government further direct that the cases of encroachment of government lands should not be entertained for payment of ex-gratia. 11. This order issues with the concurrence of Finance (W & I) Department vide their U.O. – No. IS/7138/F.3(1)/2004-1, dated 7-10-2004. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

SURESH CHANDA SECRETARY TO GOVERNMENT 82

AWARD AND AWARD PROCEEDINGS – INGREDIENTS •

Award to be in Form – 8

Award Proceedings consists of •

Details of requisition

• •

True area of the lands being acquired with details of survey numbers, sub division numbers, classification. Details of Govt. and assigned lands involved.

•

Details of publication of D.N U/S 4(1).

•

Details of conduct of survey.

•

Details of publication of D.D. U/S 6.

•

Agro economic factors of the village in brief.

•

Classification of the lands.

Market Value of the lands (Refer Section 23, read with Section 15) – to be in a very detailed manner consisting of •

Details of all ed sales took place during the crucial period, with dates of inspection of the lands.

•

Sales discarded based on factors like situation distance, classification, fertility, irrigation potentiality, proximity to village, roads etc., urbanisation, advantages, drawbacks etc.,

•

Sales relied upon based on factors like situation distance, classification, fertility, irrigation potentiality, proximity to village, similarity of lands covered by sales with those being acquired, size of the land covered, situation relative socio economic factors, genuineness of the sales etc.,

•

In the absence of detailed discussions as to valuation, Courts may take an adverse view and tend to enhance the compensation.

•

In the case of consent awards U/S 11(2), the details of negotiations and the package deal arrived at as to compensation to be mentioned in detail.

•

Cases if any, hit by ceiling laws.

•

Details of protected tenants.

•

Particulars of trees, topes and structures.

•

Particulars of Irrigation wells. 83

•

12% Additional market value (Section 23-1A). (not required to be mentioned separately in the case of consent awards)

•

30% Solatium (Section 23-2) (not required to be mentioned separately in the case of consent awards)

•

Interest U/S 34. (not required to be mentioned separately in the case of consent awards)

Details of award enquiry •

Full details of service of notices U/S 9(1) and 9(3) to be mentioned.

•

Full details of conduct of enquiry with dates to be mentioned.

•

Full details of claims filed to be mentioned along with the decisions taken thereon.

Apportionment •

Detailed statements to be recorded from all the persons interested in the land on ownership i.e., how the land devolved on them, whether by inheritance or through ed sale deed, amount claimed based on valid documentary evidence, amount of compensation payable covering all components including interest, how the amount of compensation to be apportioned among all persons interested.

•

In case of dispute on of ownership, apportionment etc., reference to be made to Civil Court U/S 30 and amount of compensation to be deposited in the Civil Court U/S 31(2) for adjudication and not in Revenue deposits.

•

Details of exgratia paid for assigned lands resumed not to by mentioned as it is outside the award.

•

The above fact to be mentioned very clearly in the Award itself.

•

L.A.O to have before him a plan of the land being acquired with S.D Records while ing award.

•

S.D. Records to be sanctioned by L.A.O while ing award.

•

Details of provision of funds.

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GOVERNMENT OF ANDHRA PRADESH ABSTRACT Land Acquisition – Filing of appeals in the High Court – Amendment to B.S.O. 90 and 95-Orders –Issued. ----- ------------------------------------------ ----- -------REVENUE (LA) DEPARTMENT G.O.Ms.No.370

Dated:-16-4-1993. Read the following:-

1. G.O.Ms.No.4666, Rev.(K)Dept, dated.27-10-1980. 2. C.L.R’s Ref.No.G1/ 1273/91 dt.2-12-91. **** ORDER: The following amendments to para (16) of the B.S.O.90 and para (1) of B.S.O. 95 are issued:AMENDMENTS (1) In note (3) under paragraph 16 of the B.S.O. 90 for the expression the Collector should take a decision in consultation with the requisitioning department of the local body or the Company, as the case may be on the question of filing an appeal of a memorandum of cross objection against the decree of the Civil Court the following shall be substituted namely:“Or in the cases where the Court awards more than 50% of the award made by the Land Acquisition Officer (including benefits such as solatium, interest and additional amount of 12%), the Land Acquisition Officer concerned should immediately send the proposals to the Special Officer, Government Pleader’s Office, High Court of Andhra Pradesh, Hyderabad for filing appeals intimating the fact to the District Collector / Special Collector without waiting for opinion of the Government Pleader concerned or without clearance of concerned Supervisory Officer. In cases where the Courts award 50% or less ever the award made by the Land Acquisition Officer, the District Collector / Special Collector shall decide whether there is any need to file an appeal in the High Court, unless in the opinion of Government Pleader / Land Acquisition Officer there were strong grounds to prefer such an appeal”. (2) In clause (1) of the paragraph (1) of B.S.O. 95 for the expression “In the case of land acquisition appeals arising out of the decisions given by the civil Court, the District Collector himself shall take a decision in consultation with the local body or the Company concerned wherever necessary” the following shall be substituted namely:-

85

“In the case of land acquisition appeals arising out of the decisions given by the Civil Courts, where the Court awards more than 50% of the award made by the Land Acquisition Officer (including benefits such as solatium, interest and additional amount of 12%), the Land Acquisition Officer concerned should immediately send the proposals to the Special Officer, Government Pleaders’ Office, High Court of Andhra Pradesh, Hyderabad for filing an appeal, intimating the fact to the District Collector/Special Collector without waiting for opinion of the Government Pleader concerned or without clearance of concerned Supervisory Officer. In cases where the Court award 50% or less over the award made by the Land Acquisition Officer, the District Collector / Special Collector should decide whether there is any need to file an appeal in the High Court, unless in the opinion of Government Pleader / Land Acquisition Officer, there are strong grounds to prefer such an appeal”. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

P. NARAYANA RAO SECRETARY TO GOVERNMENT.

86

GOVERNMENT OF ANDHRA PRADESH ABSTRACT COURT CASES – Filing of appeals by way of Special Leave Petition in the Supreme Court of India against adverse judgments of the High Court without obtaining prior permission of the Government -Orders –Issued. ----- ----------------- ------------------------ ----- --------LAW (L) DEPARTMENT G.O.Rt.No.146

Dated:-8-2-2001. Read the following:-

1. Memo No.7599/ LSP/RL/L1/455/2000, Law, dt.2.11.2000. 2. Note received from the Hon’ble Chief Minister No.108/N/CMP/2001, DT.5.1.2001. **** ORDER:

It is noticed that number of cases are being circulated to the Hon’ble Chief Minister seeking permission to file Special Leave Petitions in the Supreme Court on the Judgments related to various matters like Land Acquisition proceedings, Arbitration cases and Service matters etc., after more than one year lapsed from the date of judgment of the High Court and in many cases the Supreme Court has dismissed the cases without going into merits because of the delay in filing the Appeals. 2. Government have therefore examined the matter and consider that in Memo 1st read above, all the Government Pleaders in the High Court were instructed to invariably apply for certified copy of the adverse judgment of the High Court immediately and forward the same promptly to the concerned authority along with their considered opinion as to the further course of action required to be taken in the case and advisability of filing appeals to safeguard the interests of the Government. Basing on the advice of the Government Law Officer, an appeal against an adverse judgment on the High Court may be filed in the Supreme Court by the concerned authority immediately without consulting the Government or circulating the files to the concerned Ministers, as the case may be. However, the Government or the Hon’ble Ministers be informed of the filing of the appeals and if the Government feels that the appeal need not be pursued, it can issue appropriate instructions. If the concerned Law Officer opines that case is not a fit one for appeal in the Supreme Court, the same may be intimated to the Government for consideration of opinion. Where an important policy matter is involved in a case, it may be circulated to the Hon’ble Chief Minister seeking permission to file an appeal. Government have therefore decided to permit the concerned authority to file an appeal in the Supreme Court basing on the advice of the Government Law Officer without seeking prior permission.

87

3. Accordingly, all the Secretaries to Government, Heads of Departments and District Collectors are hereby authorized to file appeals by way of Special Leave Petition in the Supreme Court against an adverse judgment of the High Court basing on the advice of the concerned Government Law Officer without seeking prior permission of the Government.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

K. G. SHANKAR SECRETARY TO GOVERNMENT, LEGAL AFFAIRS

88

GOVERNMENT OF ANDHRA PRADESH ABSTRACT LAND ACQUISITION – Irrigation & CAD Department – Enhance ment of compensation by the Reference Courts and High Court on references made by Land Acquisition Officers u/s 18 of Land Acquisition Act – Constitution of District Level Monitoring Committee to deal with such cases - Orders –Issued. ----- ------------------------------------------ ----- -------IRRIGATION & CAD (PROJECTS WING:TGP.II) DEPARTMENT G.O.Rt.No.34

Dated:-08-03-2004. Read the following:-

1 G.O.Ms.No.370, Rev.(L.A) Deptt. dt.16-4-1993. 2 G.O.Rt.No.1142 rev.(L.A) Deptt. dt.24-7-1998. 3 G.O.Rt.No.146 Law(L) Deptt. dt.8-2-2001. **** ORDER: In the G.O. first read above, standing orders have been issued to the effect that whenever the Reference Courts enhance compensation in Section 18(1) references of Land Acquisition Act, 1894 in cases where the courts award 50% or less over the award made by the Land Acquisition Officer, the District Collector / Special Collector should decide whether there is any need to file an appeal in the High Court, unless in the opinion of the Government Pleader / Land Acquisition Officer there are strong grounds to prefer such an appeal. Similarly in cases where the enhancement is more than 50% of the award made by the Land Acquisition Officer including benefits such as solatium, interest and additional amount of 12%), the Land Acquisition Officer concerned, without waiting for the opinion of the Government Pleader, concerned or without clearance of concerned Supervisory Officer, should immediately send the proposals to the Government Pleader’s Office, High Court of Andhra Pradesh, Hyderabad for filing an appeal, intimating the fact to the District Collector / Special Collector. 2. As of now, in the cases where the enhancement is more than 50%, the Land Acquisition Officers are submitting proposals through the District Collectors / Special Collectors and the Chief Commissioner of Land istration to the Government seeking orders whether to file an appeal before the High Court or not. Proposals are also being received from them for sanctioning payment of part of the enhanced compensation consequent on the interim orders issued by the High Court, granting stay. Such cases are quite large in number and it is taking considerable time to process those cases and issue of orders. On of the failure to comply with the court orders in a given time frame owing to the delays caused a large number of contempt cases and execution petitions are being filed by the claimants resulting in personal appearance of the Senior Officers in the Government before the High Court 89

and also attachment of the Government properties, creating embarrassing situations. Apart from this, huge amounts are also accruing towards interest due to non payment of the decretal charges in time. 3. On a thorough analysis of the above position and taking stock of the entire procedure now being followed, it is felt that there is absolutely no need for centralizing the decision making process in respect of the Land Acquisition appeal cases. In the light of the above facts and in order to further simplify the process for avoiding delays and accumulation of huge amounts towards interest it has been decided to decentralize such decision process to the District Level. 4. In the aforesaid circumstances, Government after careful consideration and in partial modification of the orders issued in the G.Os 2nd and 3rd read above, hereby, constitute the District Level Land Acquisition Monitoring Committee comprising of the Officials noted below to review the proposals received from the Land Acquisition Officers through the Supervisory Officers concerned where the enhancement made by the Reference Court and High Court is above 50% and less than 100% and take suitable action either to prefer appeals or to make payment of decretal charges as the case may be in so far as the Land Acquisition Court cases relating to Irrigation & CAD Department are concerned. i)

t Collector of the District concerned

ii)

Special Collector of the Project concerned, if any

Associate Chair Person

iii)

Land Acquisition Officer

iv)

Superintending Engineer concerned

v)

Government Pleader / Assistant

Member / Convenor

Government Pleader concerned 5.

Chair Person

Member

Member

The above Committee shall discharge the following functions and duties. i)

to take up project-wise/scheme wise review of the cases referred to the Reference Courts u/s 18(1) and to provide necessary guidance to the Land Acquisition Officers and other Officers concerned and to provide necessar y legal input for effective defence of the cases.

ii)

to review the action taken by the Land Acquisition Officers for making prompt payments in the cases, where the enhancement ordered by the Reference Courts / Lower Courts is 50% or less over the award made by the Land Acquisition Officer and where it has been decided to drop filing of appeals in consultation with the Government Pleader / Assistant Government Pleader concerned.

90

iii)

to carefully examine and take decisions for payment of decretal charges where the enhancement ordered by the Reference Court or the High Court is above 50% and below 100%, over the award made by the Land Acquisition Officer, including benefits such as solatium, additional market value of 12% and interest. If the Committee feels that there are substantial grounds to prefer appeals, in such cases, it shall issue necessary appropriate directions to the Land Acquisition Officers concerned. The Committee shall closely monitor the processing of all the above such cases and provide necessary guidance to the Land Acquisition Officers and other Officers concerned.

iv)

Similarly in the cases where the High Court has issued interim orders granting conditional stay of the orders of the Reference Court / Lower Court directing to pay part of the enhanced compensation, the Committee shall examine such cases meticulously and take appropriate decision either for prompt deposit of the amount into the Court or to seek review of the orders as deemed fit.

v)

The District Collector / Special Collectors shall refer to the Government such cases where the enhancement ordered by the Reference Court or the High Court is more than 100% over the award of the Land Acquisition Officer including benefits such as solatium, additional market value and interest for taking decision whether to make payment of decretal charges or to prefer further appeal before the Appellate Court, well within the limitation period prescribed.

vi)

The Land Acquisition Officer concerned shall process all cases to be placed before the Committee and submit the proposals to Committee keeping in view the limitation period prescribed.

vii)

The Committee shall take appropriate decisions in all such cases and communicate its decision to the Land Acquisition Officer concerned promptly well within the limitation period prescribed.

6.

The Committee shall meet at least once in a month.

7.

The above orders shall be applicable to the Land Acquisition Court cases pertaining to Irrigation & CAD Department only.

8.

These orders shall not, however, preclude the District Collectors / Special Collectors from preferring Special Leave Petitions in the Supreme Court of India, as per the orders issued in the G.O. 3rd read above.

9.

The above orders shall come into force with immediate effect.

91

10.

This order issues with the concurrence of the Revenue (LA) Department and Law Departments.

11.

Necessary addendum shall be issued to the orders issued in the G.Os 1st and 2nd read above by the Revenue (LA) Department.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

C.V.S.K.SARMA PRINCIPAL SECRETARY TO GOVERNMENT To All the District Collectors in the State.

92

GOVERNMENT OF ANDHRA PRADESH IRRIGATION & C.A.D (PROJECTS WING.TGP.II.A2) DEPARTMENT Memo.No.3766/ TGP.II/04-1.

Dt. 3.6.2004.

Sub:- Land Acquisition – I&CAD Deptt. – Enhancement of compensation by the Reference Court and High Court on references made by Land Acquisition Officers u/s 18 of the L.A.Act 1894 – Constitution of Dist. Level Land Acquisition Monitoring Committee to deal with such cases – Orders issued – Guidelines for implementation of the orders – issued. Ref:- G.O.Ms.No.34, I&CAD(PW.TGP.II) Deptt. Dt.8-3-2004. **** With a view to simplify and decentralize the decision making process in respect of cases where enhancement of Land Acquisition compensation, ordered by the Reference Courts/High Court is above 50% and below 100% in Land Acquisition Court cases relating to I&CAD Dept., arising out of Section 18 references, orders have been issued in the G.O. cited, constituting the District level Land Acquisition Monitoring Committee under the Chairmanship of the t Collector, concerned with the following .

1. 2. 3. 4. 5.

t Collector of the District concerned ….. Chairperson Special Collector of the Project concerned, if any .. Associate Chairperson Land Acquisition Officer concerned ….. Member-Convenor Superintending Engineer concerned ….. Member Govt. Pleader/Asst. Govt. Pleader concerned ….. Member

2. The above Committee has been, interalia, mainly entrusted with the task of considering and deciding i)

ii)

the Land Acquisition Court cases where the enhancement is above 50% and below 100% over the award of the Land Acquisition Officer and the Land Acquisition Appeal cases where the High Court has ed interim orders with certain directions.

3. In order to facilitate proper implementation of the above orders, detailed guidelines are hereby issued and sent herewith duly prescribing the formats in Annexures I to IX for maintaining certain s and for submission of periodical returns. A brief note containing salient features of Land Acquisition Act 1894 and other connected statutes in the form of questions and answers (Annexure X) is also enclosed herewith for guidance.

93

4. The t Collectors/Spl. Collectors are requested to ensure that the above guidelines are followed scrupulously while implementing the orders issued in the G.O. cited. Encl: Two (as above)

K. Raju Secretary to Government (Projects)

To All the Special Collectors in the State All the t Collectors in the State All the Land Acquisition Officers in the State through the Collectors/Spl.Collectors. The Special Secretary & Chief Commissioner of Land istration, A.P., Hyderabad. All Engineers-in-Chief/Chief Engineers in the State. All Revenue Division Officers through the District Collectors.

94

Guidelines on implementation of the orders issued in G.O.Ms.No.34 I & CAD (P.W – TGP.II) Dept., dt.8-3-2004. **** 1.

Preamble :- In order to further simplify and streamline the procedure avoiding

delays in the matter of filing appeals or to finalise the proposals for payment of decretal charges in the cases of enhancement of compensation ordered by the Reference Court/High Court in respect of the lands acquired for various projects, taken up by the I&CAD Dept., Govt. have issued orders in G.O.Ms.No.34 I&CAD (P.W.TGP.II) Dept., dt.8-3-2004 constituting the District Level Land Acquisition Monitoring Committee (hereinafter called the Committee) under the Chairmanship of the t Collector, concerned. The Special Collector of the project concerned, if any, is the Associate Chairperson and the Superintending Engineer concerned, and the Govt. Pleader/Asst. Govt. Pleader concerned are the .

The Land

Acquisition Officer concerned is the Member-Convenor . 1.1

Objective:The above orders shall be applicable to the L.A. Court cases, pertaining to

irrigation & CAD Dept., only. 1.2

The main objective of issuing these orders is to simplify and decentralize the

decision making process in respect of cases relating to I&CAD Dept. where the enhancement ordered by Reference Courts/High Court is above 50% and below 100% to the District Level Land Acquisition Monitoring Committee for avoiding delays and accumulation of huge amounts towards interest in the Land Acquisition Court cases. 1.3

While doing so, the Committee shall carefully examine the proposals received

from the Land Acquisition Officers concerned either for depositing the enhanced compensation into the Court or to prefer appeals in the Appellate Court, wherever there are substantial grounds.

95

2.1

Categories of proposals to be considered and decided by the District Level

Land Acquisition Monitoring Committee :

3.1

i)

Cases where the enhancement ordered by Reference Court/High Court is above 50% and below 100%.

ii)

Cases where interim orders are issued by High Court.

Submission of proposals by Land Acquisition Officers :Immediately on pronouncement of an order/judgment by

Reference

Court/High Court, the Land Acquisition Officer concerned shall obtain a copy of order/judgment and decree and the legal opinion of the Govt. Pleader concerned, examine each and every case with reference to the material available on record and submit necessar y proposals to the Chairman of the Committee the required material enclosing the following documents.

There shall not be any delay in obtaining

certified copies of Judgment and decree and other material required, and in the submission of the proposals as any delay would defeat the very purpose of decentralization of powers to the Committee. a)

Copy of Land Acquisition Officer’s award

b)

Copy of the Judgment and decree of the Court

c)

Copy of the Opinion of the Govt. Pleader concerned with grounds of appeal, if any Note: The legal opinion of the Govt. Pleader, concerned shall be very specific, clearly indicating the grounds of appeal, if any. If not, specific opinion whether to pay the decretal charges, fully traversing he facts of the case with reference to the Land Acquisition Officer’s award and the Judgment of the Court.

d)

Specific recommendation of Land Acquisition Officer on the aspect fo filing appeal or otherwise.

e)

Check Memo – vide Annexure - I.

f)

Calculation sheet in the proforma enclosed.(6 copies) vide Annexure II.

3.2 In cases covered by Category II i.e., interim orders of High Court, the Land Acquisition Officer shall submit the following documents also. i)

Copy of interim orders of High Court. 96

3.3

ii)

Copy of Appeal filed.

iii)

Opinion of the Govt. Pleader, High Court.

iv)

Check Memo and calculation sheet in the proformae enclosed (6 copies) (vide Annexure – III & IV)

Simultaneously, the details of proposals submitted for consideration of

Committee shall be entered by the Land Acquisition Officer concerned in a prescribed in Annexure V. An extract of this shall be submitted by the Land Acquisition Officer concerned to the Supervisory Officer, concerned i.e., t Collector/Special Collector every month to reach him by 10th of the succeeding month. 4.

Action to be taken at the level of t Collector / Chairman of the Committee On receipt of proposals from the Land Acquisition Officer concerned the t

Collector/Chairman shall see that a file is opened in the Collectorate Land Acquisition Branch. Simultaneously, the particulars of proposals received shall be entered in a , a model proforma of which is appended at Annexure VI. Thereafter the following steps shall be taken. i)

To scrutinize whether the proposals from the L.A.O. are in complete shape, or not.

ii)

To fix up a date, time and venue for conducting the meeting and to communicate the same to the of the committee along with a copy of check memo and calculation sheet received, with the L.A.O’s proposal through the L.A.O. Member Convenor concerned.

iii)

For the sake of uniformity in the State, it is suggested to convene the meeting of the Committee once in a month on every third Saturday at 11.00 AM Saturday being holiday to the Courts.

iv)

Depending upon the urgency and necessity, the Committee may meet more than once a month.

v)

The quorum of the meeting is at least two of the Land Acquisition Committee besides Chairman of the Land Acquisition Committee.

vi)

In exceptional and inevitable circumstances, the Special Collector if any and the Superintending Engineer, concerned may nominate a 97

Gazetted Officer under their control with appropriate instructions with the prior permission of the Chairperson. The nomination shall not be resorted to in a routine manner. 5.

Functions and duties assigned to the Committee :

5.1 The Committee shall examine the proposals of the Land Acquisition Officer particularly on the following aspects :

5.2

i)

In cases where the reference Court ordered enhancement, the method adopted and the documents relied upon by Land Acquisition Officer in fixing up the Market value.

ii)

The grounds on which the Court enhanced the compensation.

iii)

The percentage of enhancement over the Land Acquisition Officer’s award and the total amount including additional benefits payable on of enhancement ordered by Court.

iv)

Future liability on of pending section 18 references and 28-A applications, if any.

v)

Opinion tendered by the Government Pleader and the Land Acquisition Officer concerned.

vi)

Whether there are reasonable grounds to file appeal.

vii)

Limitation period for filing appeal.

The Committee shall take decision promptly keeping in view the limitation

period, prescribed for filing appeal, before the Appellate Court, in case thee are substantial grounds.

Otherwise, it shall give appropriate directions to the Land

Acquisition Office for payment of decretal charges with utmost promptitude to obviate accrual of further interest. While considering the proposals the committee shall examine whether there are any delays in the processing and submission of the proposals at any stage and make it’s observations, while communicating it’s decision, so that necessary action can be taken against the persons responsible. This decision of the Committee shall be recorded in the Minutes book of the Committee – vide Model form of Minutes book appended in Annexure VII.

An

extract of the minutes of the meeting shall also be sent to the L.A.O concerned along with a Model form of letter appended in Annexure VIII.

98

5.3

Based on the decision of the committee, communicated by the Chairman of

the Committee the Land Acquisition Officer concerned shall take further action straight away for filing appeal along with stay petition before the Appellate Court, at once keeping in view the limitation period prescribed.

If the decision of the

Committee is to deposit the amount of enhanced compensation into the Court, the Land Acquisition Officer shall submit necessary proposals to the t Collector / Special Collector for according istrative sanction along with check memo and calculation sheet prescribed in Annexure I & II specifying the decision of the Committee therein. The t Collector/Special Collector after thorough verification of calculations as per the language in the decree and Judgment may accord istrative sanction expeditiously. Thereafter the Land Acquisition Officer after obtaining required funds from the C.E/S.E/E.E., concerned shall deposit the decretal charges in the concerned Court without any delay to avoid accrual of further interest. 6.

Interim orders of High Court : -

6.1

In the cases where the High Court has issued interim orders granting

conditional stay of the orders of the Reference Court subject to the condition that a part of the enhanced compensation is deposited into the Court within a specific period, it is of utmost importance that prompt decision is taken by the Committee in all such cases. 6.2

It shall be, therefore, incumbent on the part of the Land Acquisition Officer

concerned to place all such cases with all the required material papers specified at para 3.2 above before the Committee, immediately after receipt of orders from the High Court. There shall not be any delay in obtaining the required material and in the submission

of proposals as any delay would seriously hamper

the

decentralization of powers to the Committee. 6.3

The Committee shall, thereupon, examine the cases carefully with reference

to the interim orders of the High Court, the grounds of appeal, and the opinion of the Govt. Pleader, Appeals, High Court and see whether the Judgment of the Reference Court in enhancing the compensation is reasonable or not or whether it suffers from

99

any infirmities seriously affecting the interests of the Government.

After

deliberations, in case it is felt that it is desirable to seek review of the interim orders of the High Court, the Committee may take an appropriate decision to that effect and issue suitable directions to the Land Acquisition Officer to take immediate action for depositing part of the enhanced compensation in the Lower Court, as ordered by the High Court, within the time stipulated.

While considering the proposals, the

Committee shall examine whether there are any delays in the processing and submission of the proposals at any stage and make it’s observations so that necessar y action can be taken against the persons responsible. On receipt of the directions of the Committee, the Land Acquisition Officer concerned shall take immediate steps to submit necessar y proposals for check memo and calculation sheet prescribed in Annexure III and IV specifying the decision of the Committee therein.

After obtaining istrative sanction orders, he shall take action for

depositing part of the enhanced compensation into the Lower Court, within the time allowed, by obtaining funds from the C.E./S.E/E.E. concerned. 6.4 In case, it is not possible to deposit the amount within the prescribed time limit, the L.A.O. may file a petition before the High Court seeking extension of time in advance. 7.

s to be maintained :

7.1

At L.A.O’s level :A showing the details of proposals in respect of the Land Acquisition

Court cases relating to I & CAD Dept., where the enhancement ordered is above 50% and below 100% over the award of the Land Acquisition Officer submitted for consideration by the District Level Land Acquisition Monitoring Committee. (vide Annexure V) 7.2

At the level of the Chairman of the Committee :-

a)

Minutes book of the meetings of the District Level Land Acquisition Monitoring Committee (vide Annexure VII)

b)

showing the details of Land Acquisition Officer Court cases, pending at the beginning of the month, received and disposed of during the month and 100

balance at the end of the month, relating to I&CAD dept., where enhancement ordered by Courts is above 50% and below 100% over Land Acquisition Officer’s award considered and decided by the Committee. An extent of this shall be submitted to the Government in I&CAD Dept., every month by 10th of the succeeding month. 8.1 Other matters to be reviewed with the Land Acquisition Officer’s concerned. 8.2

Section 18 references :

The Committee shall take up project wise /

scheme wise review of the cases referred to the Reference Court u/s 18(1) of the Land Acquisition Act 1894 and to provide necessar y guidance to the Land Acquisition Officers and other Officers concerned.

For this purpose, the Land

Acquisition Officer concerned shall place before the Committee the details of the section 18(1) references made to the Reference Court, to ensure whether

9.

(i)

the awardees / claimants have received the compensation awarded under protest.

(ii)

the reference is made as per the provisions contained in the Act and the Land Acquisition Manual, keeping in view the limitation period as laid down in section 18 of the Act.

(iii)

Proper evidence is adduced before the Reference Court, opposing the claims of the awardees, as otherwise no fresh evidence is likely to be allowed in the Appellate Courts.

(iv)

the cases are properly monitored keeping in close touch with the Govt. Pleader / Asst. Govt., Pleader concerned and that all the required material is furnished to him to safeguard the interests of the Govt.,

The Committee shall review the action taken by the Land Acquisition Office’s

for making prompt payments in the cases where the enhancement ordered by the Reference Courts is 50% or less over the award made by the Land Acquisition Officer pursuant to the orders of the Competent authority i.e., the District Collector / Special Collector. 10.

The salient features of Land Acquisition Act, 1894 from the post award

litigation stage in the form of “questions and answers” is appended at Annexure X.. This is only informative but not comprehensive. The Offices concerned may refer to

101

the Land Acquisition Act, 1894.

L.A. Manual and other connected statures and

executive instructions, for any further information and guidance.

102

ANNEXURE – I CHECK MEMO – LAND ACQUISITION Proposals for taking a decision by the District Level land Acquisition monitoring Committee constituted in G.O. Ms. No. 34 I & CAD (P.W. – TGP-II) Department Dt: 8-3-2004 for filing appeal / Review in high court for payment of decretal charges in respect of cases where the enhancement ordered by the Reference /High court is above 50% and below 100%. *** 1. Designation of the Land Acquisition : Revenue Divisional Officer/Spl. Officer from whom proposals received with Dy. Collector/Special Tahsildar. Current No. and date of reference. R. C. No. Dated: Part 1 : particulars of Award of Land Acquisition Officer vis-à-vis lower Court. 2.

Name of Project/Scheme

:

3.

Purpose of Acquisition

:

4.

District

Mandal

5.

L. A. Os Award

Village

Lower Court Award

a. Designation of LAO

a. Designation of Court

b. Award No. and date

b. O.P. No. and date of Judgment

c. No. of Awardees

c. No. of claimants:

d. Extent:

d. Extent:

Covered by Award

Covered by O.P.

103

6. Market value fixed by L.A.O vis-à-vis Lower Court. Sl. No.

Item

Classificatio Rate per acre fixed by n of Land Variety of Trees/type of structures

LAO

A. B. C. D.

Low er Cour t

Total compensation awarded by

LAO

% of enhancem ent over LAOs award

Differenti al amount payable on of Court’s orders.

Court

Land Trees Struc tures Total

7. Future Liability (approx):

No. of cases

probable amount

a. Sec. 18 references pending covered by same notification U/s 4(i) b. Sec. 28-A applications pending if any. c. Total 8. Grounds on which Lower Court enhanced compensation: 9. Opinion of the government Pleader: 10. Opinion of the Government L.A.O Part II follow up action on enhancement made by Lower court, if appeal is already filed. 11. (a) Date of filing appeal in the High Court (b) Whether any interim stay granted by High Court, if so the conditions thereof: (c) orders of the Government for complying with interim directions of the Court, if any (d) Amount deposited on the interim directions: 104

12. Date of final disposal of appeal in the High Court. 13. Appeal allowed/partly allowed/dismissed/ Dismissed with further directions, if so the Nature of disposal. 14. Balance compensation payable as per final judgment of High Court (a) Total amount payable (b) Amount paid as per LAO’s award (c) Amount deposited as per interim orders of High Court (d) Balance Payable (a-(B+C)) 15. Future liability (probable) in case filing of Appeal is dropped: a. Details of section 18 references in the same award. b. Details of applications U/s 28-A pending if any 16. Opinion of the G.P./A.G. on filing review/SLP or for deposit of the enhanced compensation. 17. Opinion of the LAO. 18. Is there any delay at the following stages; i) Getting certified copy of Judgment and decree and opinion of G.P. concerned. ii) processing and submission of proposals to the committee for sanction of decretal charges or for filing appeal. iii) Any other reason. 19. Persons responsible for the delay. 20. Remarks of the LAO on items (18) and (19). Signature and designation of the LAO

105

ANNEXURE – II Calculation Sheet – OP Wise PART – I A) Basic Data: (i) Designation of the Reference court

- O.P. No. and date of Judgment

(ii) High Court

- A. S. No. and date of Judgment

(iii) Name of the Village

-

(iv) award no. and date

-

(v) No. f awardees

- No. of claimants

(vi) Extent acquired

- Extent

B) Crucial data:(i)

Date of publication of D.N. U/s 4(1)

(ii)

Date of taking possession

C) Decree of Reference court and the Amounts payable (i)

Rate per Acre

(ii)

Market Value

(iii)

Solatium

(iv)

Additional Market Value

(v)

Total

(vi)

Amount of interest payable

a) @ 9% per annum for the 1st year. b) @ 15% per annum for the subsequent years. (vii) Grand Total

Rs.

106

D) Amount paid as per LAOs award: i) Rate per acre ii) Market Value iii) Solatium iv) Addl. Market Value iv) Total v) interest, if any vii) Grand Total E) Differential amount payable i) Market Value ii) Solatium iii) Addl. Market Value iv) Total v) interest, if any vii) Grand Total NB:- amount already paid by LAO may first be set off against interest and the balance against principal amount which is inclusive of MV., solatium and Addl. Market value. F) Recommendations of the LAO.

107

PART – II (To be filled up in cases where High court has ed interim orders) G. i) CMP No./ A.S. No. and date of order ii) directions in the Interim order iii) Date by which orders to be complied with iv) Amount to be deposited.

P A R T – III (To be filled up on receipt of final orders from the High Court)

H. i) A.S. No. and date of order ii) Gist of the order iii) differential amount payable to claimants/recoverable from claimants iv) Amount already paid. M.V. Solatium – Addl. M.V. Interest Total a) As per LAOs award b) As per interim orders of the High Court c) Total

Rs………………… ..

v) Differential amount payable

108

PART - IV (To be filled up on receipt of final orders of Supreme Court)

I. (i) SLP No./C.A. No. & Date of Judgment (ii) Whether High Court’s Judgment confirmed. If not the directions iii) differential amount payable. Signature and Designation of the Land Acquisition officer

N.B:- 1) In the case of proposals for payment of enhanced compensation on the orders of the Reference Court, please fill up Part I only i.e. columns A to F.\ 2) In the case of proposals for payment of part of enhanced compensation on interim orders of High Court, please fill up part I and II i.e., columns A to G. 3) In the case of final orders of High court, please fill up Part I, II and III i.e., columns A to H. 4) In the case of final orders of Supreme court, please fill up Part I to IV i.e., columns A to I.

109

Enclosure to Annexure II Calculation sheet – Claimant wise Statement showing the decretal charges to be deposited in the Civil Court.

Sl.

Rate per acre

Value for the

No.

(Classification wise)

Structures Trees etc., (Variety Wise)

Paid by LAO 1.

Name of the Village

2.

Reach No.

3.

Award no. and date

4

Date of 4(1)

Awarded by court

Notification 5.

Date of taking possession

6

L.A. O.P. No.

7.

A.S. No.

110

Paid by LAO

Awarded by Court

Amount awarded by Lower Court

SL. No.

Name of the awardee/ claimant

1

2

Market Value.

14

L.A..P. No.

3

Surve y No.

4

Extent of land including structures, trees, etc., 5

Amount awarded by LAO Solatium Addl. Interest If any Market Value 9% 15% Total 15 16 17 18 19

Classifi cation.

Market Value

Solatium

Addl. Market Value

6

7

8

9

Grand Market Total Value

20

Income Tax to be deducted and payable to Income Tax Department 28

21

Solatium

9% 10

1

Difference Addl. Market Intere Value

22

Net amount payable to the Claimant 29

Int

23

9% 24

Appeal Stage

High court A.S. No. & Date of Judgment

30

Whether Lower court Judgment confirmed or not. If not, the directions of High Court, 31

Amount if any, paid on interim orders of High court

No. & Date of High Court’s order

32

Date of deposit

33

Amount deposited

34

Supreme Court Differential amount payable on of High court’

35

S.L.P. No./ C.A. No. & date of Judgment

36

Whethe high Court’s judgme confirm If not th directio

37

Signatu La

112

ANNEXURE – III CHECK MEMO – LAND ACQUISITION

Proposals in respect of cases where High Court ed Interim orders granting stay subject to depositing part of enhanced compensation awarded by the Lower Court (above 50% and below 100%) submitted to the dist.

Level L.A. Monitoring

Committee constituted in G.O. Ms. No. 34 I&CAD (P.W. TGP.II) Department Dated 8-3-2004. *** 1. Designation of the : Revenue Divisional Officer/Spl. Officer from whom proposals received with Dy. Collector/Special Tahsildar. Current No. and date of reference. R. C. No. Dated: Part 1 : particulars of Award of Land Acquisition Officer vis-à-vis lower Court.

2.

Name of Project/Scheme

:

3.

Purpose of Acquisition

:

4.

District

Mandal

5.

L. A. Os Award

Village

Lower Court Award

a. Designation of LAO

a. Designation of Court

b. Award No. and date

b. O.P. No. and date of Judgment

c. No. of Awardees

c. No. of claimants:

d. Extent:

d. Extent:

Covered by Award

Covered by O.P.

6. Market value fixed by L.A.O vis-à-vis Lower Court. Sl. No.

Item

Classificatio Rate per acre fixed by n of Land Variety of Trees/type of structures

LAO A. B. C. D.

Lower Court

Total compensation awarded by

LAO

% of enhancem ent over LAOs award

Differenti al amount payable on of Court’s orders.

Court

Land Trees Struc tures Total

7. Future Liability (approx):

No. of cases

probable amount

a. Sec. 18 references pending covered by same notification U/s 4(i) b. Sec. 28-A applications pending if any. c. Total 8. Grounds on which Lower Court enhanced compensation:

Part II Follow up action on enhancement made by Lower court, if appeal is already filed. 9. (a) Date of filing appeal in the High Court (b) Whether appeal filed in time with stay petition, If not, period of delay. (c) Date of interim orders of High Court if so conditions Stipulated thereof. (i) Percentage of amount to be deposited (ii) Withdrawal with or without security. (iii) Date stipulated for compliance. 10. Total Amount to be deposited as per interim orders

114

11. Opinion of the Government Pleader of High Court /Advocate General 12. Recommendations of the L.A.O. 13. If there any delay in the following stages; i) Getting certified copy of Judgment and decree and opinion of G.P. concerned. ii) processing and submission of proposals to the committee for sanction of decretal charges or for filing appeal. iii) Any other reason. 14. Persons responsible for the delay. 15. Remarks of the LAO on items (18) and (19).

Signature and designation of the LAO

115

ANNEDURE – IV Calculation Sheet – OP Wise Statement showing the amount of decretal charges payable on of interim orders of High Court. PART – I A) Basic Data: (i) Designation of the Reference court - O.P. No. and date of Judgment (ii) High Court

- A. S. No. and date of Judgment

(iii) Name of the Village

-

(iv) award no. and date

-

(v) No. f awardees

- No. of claimants

(vi) Extent acquired

- Extent

B) Crucial data:(iii) Date of publication of D.N. U/s 4(1) (iv)Date of taking possession C) Decree of Reference court and the Amounts payable (vii)

Rate per Acre

(viii)

Market Value

(ix)

Solatium

(x)

Additional Market Value

(xi)

Total

(xii)

Amount of interest payable

a) @ 9% per annum for the 1st year. b) @ 15% per annum for the subsequent years. (vii) Grand Total

Rs.

116

D) Amount paid as per LAOs award: i) Rate per acre ii) Market Value iii) Solatium iv) Addl. Market Value iv) Total v) interest, if any vii) Grand Total E) Differential amount payable i) Market Value ii) Solatium iii) Addl. Market Value iv) Total v) interest, if any vii) Grand Total NB:- amount already paid by LAO may first be set off against interest and the balance against principal amount which is inclusive of MV., solatium and Addl. Market value. F) Recommendations of the LAO.

117

PART – II (To be filled up in cases where High court has ed interim orders) G. i) CMP No./ A.S. No. and date of order ii) directions in the Interim order iii) Date by which orders to be complied with iv) Amount to be deposited. Signature and designation of Land Acquisition Officer

118

Enclosure to Annexure IV Calculation sheet – Claimant wise Statement showing the amount of decretal charges payable on of interim orders of High Court. Sl.

Rate per acre

Value for the Structures

No.

(Classification wise)

Trees etc., (Variety Wise)

1.

Name of the Village

2.

Reach No.

3.

Award no. and date

4

Date of 4(1)

Paid by

Awarded

Paid by

Awarded

LAO

by court

LAO

by Court

Notification 5.

Date of taking possession

6

L.A. O.P. No.

7.

A.S. No.

119

Amount awarded by Lower Court

SL. No.

Name of L.A. Survey Extent of land the O.P. No. No. including awardee/cl structures, aimant trees, etc.,

1

2

Market Value.

14

3

4

Classification.

5

Amount awarded by LAO Solatium Addl. Interest If any Market Value 9% 15% Total 15 16 17 18 19

Income Tax to be deducted and payable to Income Tax Department 28

6

Grand Total

Market Value

20

21

Net amount payable to the Claimant 29

120

Market Value

Solatium

Addl. Market Value

9

Inter

9% 10

7

8

Solatium

Difference Addl. Market Inter Value

22

C.M.P. No./A.S. No. and date of Judgment 30

23

Gift of High Court’s interim order 31

9% 24

Amount depos

32

ANNEXURE–V

showing the details of proposals in respect of the L.A. court cases relating to the I&CAD Department w ordered is above 50% and below 100% over the award of the L.A.Os submitted for consideration by the District Monitoring Committee of District. Sl. Designation Ref. No. No. of the LAO of LAO & date of receipt of proposals 1 2 3

Rate per acre awarded by Court

12 Decision of the Committee 22

Name of the Project/ Scheme 4

Nam of the Village & Mandal 5

Amount Percentage awarded of by Court enhancement including all benefits 13 14

Date of obtaining C. Cs. of Judgment and decree 15

Reference No. of the Chairman with date

Remarks

23

Award No. & date

Extent acquired

Rate per acre awarded

Amount awarded incl. of all benefits

Designatio n of the Court

7

8

9

10

6

Grounds for filling appeal if any (in brief) 16

A.S. No. & Date of order 17

High Court Whether Gist or interim order order or final order 18 19

Opinion Opini of the LAO G.P. concerned

20

24

Signature and designa Land Acquisition Offic

Section: Date:

121

A N N E X U R E – VI

showing the details of proposals in respect of the L.A. court cases relating to the I&CAD Department w ordered is above 50% and below 100% over the award of the L.A.Os submitted for consideration by the District Monitoring Committee of District. Sl. Current No. No. of the Chairman

1

2

O.P. No. & date

13

Designation Ref. No. of the LAO of LAO & date of receipt of proposal 3 4

No. of Date of claimants obtaining C.Cs of judgment & decree 14

15

Name of the Project/ Scheme

Nam of the Village & Mandal

5

6

Award No. & date

Extent acquired

Rate per acre awarded

Amount awarded incl. of all benefits

8

9

10

7

Future liability on of Amount Percentage enhanced of Sec. 18 ref. Sec. 28-A by Court enhancement No. Probable No. Probable including amount amount all benefits 16 17 18 19 20 21

A.S. No. & Date of order

High Court Whether Gist of orders interim order or final order

Opinion of G.P. concerned

Opinion of LAO

Date of the meeting

23

24

26

27

28

25

Decision of the committee whether to file appeal or to deposit decretal charges 29

Date o comm ion of decisi LAO 30

Signatu La

122

A N N E X U R E – VII Proforma of Minutes Book of District Level Land Acquisition Monitoring Committee Meeting to be maintained in the Land Acquisition Branch of Collectorate. Minutes of the District Level land Acquisition Monitoring Committee Meting of District 1. Date of meeting 2. Venue 3. Names and Designations of officers present Sl. No. 1 2 3 4 5

Name and designation of the Officer t Collector Special Collector Superintending Engineer Government Pleader Land Acquisition Officer

Sl. No.

Current No. & Date of Ref. of LAO 2

1

Designation in the Committee Chairperson Associate Chairperson Member Member Member Conenor

Collector’s officer file No.

3

7

8

Project/Scheme

Mandal/Village

4

Details of the Proposals O.P. No. Wheth Details Total Designatio & Date of er final of Percentag n of Judgmen or enhance e of Reference t/ A.S. interim ment enhance Court / No. & orders ment High Court date of Judgmen t 6

Signature of the officer present

9

10

123

Total differentia l amount payable

11

5

In case of interim orders of H.C. amount payable

12

Decision of the Committe e

13

A N N E X U R E – VIII Rc. No.

/o4

Dt:2004

From Smt/Sri t Collector & Chairman District Level land Acquisition Monitoring Committee District.

To The L.A.O.

(R.D.O./S.D.C./

Spl. Tahsildar).

Sir, Sub: Land Acquisition – I & CAD Dept. – project/Scheme Dt. Mandal (v) – Enhancement of compensation by Reference Court/high Court – filing of appeal/payment of decretal charges – Reg. Ref:- Rc.No. Dt. Of the L.A.O. (R.D.O./SDC/spl.Tahsildar) -xA copy of the decision of the district Level land Acquisition Monitoring Committee taken in It’s meeting held on is herewith communicated to you for taking necessary further action. 2. The action taken in the matter may be intimated urgently. Encl: One,

J.C. and CHAIRPERSON Dist. Level L.A. Monitoring Committee Copy to all the of the Dist. Level LA. Monitoring Committee concerned.

124

A N N E X U R E – IX showing the details of L.A. Court cases relating to irrigation & CAD Department where enhancement ordered by Courts is above 50% and below 100% over L.A.Os award.

Sl. No.

Designation LAO

1

2

Decided to sanction decretal charges No. Amount involved 10 11

Name of No. Amount Project/ pending involved Scheme at beginning of the month 3 4 5

Receipt No. Amount received Involved during No. the month 6

7

8

Disposal Decided to file appeal Total No. 12

Amount Involved 13

No. 14

125

Total Amount involved

9

Balance

Amount Involved 15

No. 16

Amount Involved 17

ANNEXURE-X Certain salient features of land Acquisition Act & Land Acquisition Court cases at a glance. Ø What is L.A. Award? Award under L.A. Act is merely an offer made on behalf of Government to the owner of the property. (Raja Harish Vs. Dy LAO (1962) Sc/ J 696 AIT 1961 – SC 1500 (69 Bombay – L.R. 1967 – Mah. LJ 505 – AIR 1968 – Bom 31) Ø Who es the L.A. Award? Collector i.e., land Acquisition Officer. (Ref. Section 3(c) Ø Under What Section ? U/s 11 (1) of the L./A Act. Ø What shall be the contents of Award ? i) ii) iii)

True area of the land. Compensation to be allowed. Apportionment of compensation., among persons interested in the land.

Ø Can the Award be ed without prior approval of draft award by competent authority ? No. with prior approval of Government or of such officer authorized by Government. Refer proviso to Section 11(1) Vide G.O. Ms. No. 1843 Rev. (K) Department Dt. 13-12-1984 all District Collectors, t Collectors, Special Collectors, (L.A.) authorized to accord approval to draft awards. Ø Can Government empower any officer to exercise their powers ? If so under what provision ? Yes. District Collector U/s. 3-A. Ø What is the time limit prscribed for ing award ? Within a period of two years from the date of publication of D.d. U/s 6. Refer Sec. 11-A.

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In cases where advance possession of land is taken, limitation period of two years prescribed in section 11-A does not apply. (A.I.R. 1993 – S.C. 2517). (Refer Government memo. No. 63070 / LA.2/98 Rev. (L.A.) Dept. dt. 30-3-1999). Ø Can a consent award be ed ? Yes. U/s – 11 (2). Ø Can different awards be ed for different interests in the same land ? Separate awards for different interest, in the same land not to be ed. (para 4 – Chapter VIII – B.S.O. 91) L.A.O. to award for a particular land extinguishing all interest of a person in the land. Otherwise Government cannot get absolute title over the land free from all encumbrances. Ø When the award becomes final ? Becomes final and conclusive evidence, as between Collector i.e., LAO and persons interested once it is filed in Collector’s office. (Refer Section 12 (1)) Ø Can an award be corrected ? Correction of only clerical or arithmetical mistakes is allowed within six months from the date of award by LAO. (Refer Section 3 – A) Even Government cannot question LAOs award since it is made on its behalf. (1996 (6) – S.C.C. 454) Ø What is meant by Section 12(2) Notice ? Notice of award issued by LAO to persons interested who arenot present when the award is made. Ø What are the components of compensation paid in LA Award ? Market value as defined in Section 23 (1)

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Sum of 30% as defined in Section 23 (2) Sum of 12%per annum as defined in Sec 23 – 1A Additional market value Interest in the cases where advance possession of the land / structures was taken. Ø What is market value ? Price the asset expected to fetch in open market. (State of Haryana Vs. Ramsingh) 2001 (5) ALT 37 (S.C) AIR 2001 – SC 2532) Price which a willing seller expects from a willing buyer. (1939 – MLT – 45) (Refer section 23 read with Section 15.) Ø What are the methods of valuation of lands, structures trees etc ? Based on – Price paid within a reasonable time i.e., three years before 4(1) notification in bonafide comparable sale transactions of lands acquired, adjacent lands with similar advantages. Opinion of Experts. Multiplying value of annual yield of lands etc. (capitalization method) (Refer Section 23 (1), read with section 15). Ø What is solatium ? Sum of 30% to be awarded on market value in consideration of compulsory nature of acquisition. (Refer Section 23 (2) Ø What is additional market value ? Sum of 12% per annum, on market value for the period from the date of publication of 4 (1)

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notification to the date of award or date of taking possession of land whichever is earlier. (Refer Section 23 (1-A)) Ø What is interest and under what circumstances it is payable ? i) amount payable by LAO on compensation amount awarded by him from the date of publication of 4(1) notification to the date of award or date of taking possession of land whichever is earlier (Refer Section 34). ii) Amount payable on enhanced compensation awarded by the Court from the date of taking possession of land to the date of deposit. (Refer Section 28). Ø Under what circumstances section 18 reference is made to court ? i)

Non acceptance of LAO award by persons interested.

ii)

Objections from persons interested on measurements, amount of compensation to persons to whom it is payable and apportionment of compensation.

(Refer Section 18 (1)). Ø What are the prerequisites for a claim petition under Section – 18? i)

Receipt of amount of compensation under protest

ii)

Written application to Collector.

iii)

Grounds of objections to be mentioned in the application.

iv)

Application to be made within

a) Six weeks from the date of LAOs award, if the person interested is present at the time of ing award

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b) In other cases within two months from the date of service fo section 12 (2) notice. c) (Setion 5 of limitation Act, 1963) not applicable – Limitation period not to be extended.) (Refer Section 18 (2)). (S.C. 2642 – 1997). (Mrs. S. Thomas Vs. Collector of madras) AIR 1958 – Madras, 186; (1958) 1 MLJ 27) Ø Under what section of LA Act, ? Reference U/s 18 (1) to be made to Reference court under Section 19 (1) and (2) (Refer Section 19). Collector competent to withhold section 18 applications, if requirements are not complied with. (AIR 1927 – Mad 282). Onus to prove inadequacy of compensation lies on claimant. (ILR. (1972) 3 Delhi 780). Ø What is a Judgment? Statement given by the judge on the grounds of a decree or order . (Refer Section 2 (9) of the Civil procedure Code). Ø What is a decree? Formal expression of an adjudication, conclusively determining rights of parties. Decree shall follow Judgment.

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Ø What is meant by a Judgment – Debtor? Person against whom a decree is ed or an order capable of execution is made. (Refer Section 2(10) of civil procedure code). Ø What is meant by a decree holder? (Refer Section 2(2) and 33 of C.P.C.). Any person in whose favour a decree is ed or an order capable of execution is made. (Refer Section 2 (3) of C.P.C.). Ø What is meant by cross objection? Examination of a witness by the Adverse party. (Refer Section 137 of the Indian Evidence Act, 1872). Ø What is the course of action after section 18 reference is made to Court and during the hearing of the case? L.A.O to adduce proper evidence both oral and documentary in the Court and defend his award, contradicting the claims of the awardees. Ø Can the Reference Court award compensation less than the amount of compensation awarded by Collector (L.A.O). No (Refer Section 25). Ø What is the course of action after reference Court delivers Judgment and decree? To obtain certified copies of Judgment and decree without delay. To examine grounds of appeal in consultation with government Pleader concerned with reference to L.A.O’s award and Court order. To take action for filing appeal in case there are grounds.

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Otherwise to take action for Sanction of decretal charges without giving scope for contempt cases / E.Ps. Ø What is the provision in the L.A. Act for filing appeals on the orders of Reference Court? Under section 54 of L.A. Act, appeal lies against orders of Reference Court to High Court and from High Court to Supreme Court. Ø What is the time limitation to prefer appeal in the High Court? Within 90 days from the date of decree or order of the Reference Court. Ø What is an interim order of the High Court/Supreme Court in respect of and Acquisition matters arising out of judgments of Lower Court on Section 18 references? An order ed by the High court/Supreme Court granting stay of Lower court’s order subject to deposit of a part of enhanced compensation within a stipulated time or to give interim relief as the court deems fit. Ø What is the effect if time limit stipulated in the interim order is not complied with? Failure to comply with the interim orders may result in automatic dismissal of the stay application. Ø If the interim orders are not complied with within the stipulated time what is the further action to be taken by the L.A.O. To seek extension of time in advance for depositing the amount. Ø What is the action to be taken on filing appeal before the High court? L.A.O. to defend his award effectively, contradicting the claims of the awardees.

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Ø What is the further action to be taken after receipt of High Court’s judgment and decree? To obtain certified copies of Judgment and decree without delay. To obtain the opinion of the Government Pleader concerned / Advocate General with reference to L.A.Os award, Lower Court’s order etc., on filing of appeal or otherwise. To take action for filing appeal within the limitation period in case there are grounds. Otherwise to take action for sanction of decretal charges, without giving scope for contempt cases / E.Ps. Ø Is it necessary to seek the opinion of the Government Pleader? Yes. The legal opinion of the government Pleader to be obtained should be specific traversing fully the grounds of appeal. Ø What is the time limit allowed for filing review petition before the High court? 30 days (Refer Art. 124 of Indian limitation Act, 1963). Ø What is the time allowed for preferring further appeal to Supreme court of India by way of S.L.P.? Within 90 days from the date of decree and Judgment of High court. (Refer Article 13. C of the Indian Limitation Act, 1963). Ø What is an E.P.? Application filed by the decree holder before the court for execution of decree (Refer rule 10 of order 21 of Civil procedure Code.) Ø Can the E.P. be filed for attachment of property of Judgment – debtor? Yes. For attachment of both movable and immovable property of Judgment – debtor. (Refer rule 12 and 13 of order 21 of Civil procedure code) Ø Whether there is provision for arrest and detention of Judgment debtor? Yes. (Refer Rule 11-A of Order 2 of C.P.C.)

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Ø Whether stay of execution of court order can be obtained? Yes. (Refer rule 26 and 29 of Civil procedure Code). Ø What is meant by contempt (Civil) of Court? It is willful disobedience of any judgment, decree direction, order, writ or other process of a Court or willful breach of an undertaking given to a Court (Refer Section 2 (b) of Contempt of Courts Act, 1971). Ø What is the time allowed to file contempt against Government. No Court to initiate contempt proceedings after expiry of one year from the date of commitment of contempt. (Refer section 20 of contempt of Courts Act. 1971). Ø What is the punishment for contempt of court? Simple imprisonment for a term up to six months or with fine up to Rs. 2,000/- or with both (Refer Section 12 of contempt of Courts Act, 1971). Section 28-a of L.a. Act. Ø What is a section 28 – A application? Application for redetermination of the amount of compensation on the basis of the award of the Court. (Refer Section 28 – A (1)). Ø Under what circumstances, a person interested can make an application U/s 28-A (1)? If a person interested in the other lands covered by the same notification U/s 4 (1) is also aggrieved by L.A.o’s award, in case of enhancement of compensation by the Court.

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Ø What are the ingredients required for preferring a petition U/a 28-A? (Refer Section 28-A (1)) i)

Application to be made to L.A.O. within three months from the date of Civil court’s award.

ii)

Award should have been made by the court after section 28-A came into force.

iii)

applicant should have been a person interested in other lands covered by same notification U/s 4 (1).

iv)

Applicant should not have made application U/s 18.

v)

Applicant to make only one application U/s 28-A

vi)

Section 28-A applies to only civil court order in O.P. does not apply to order of Appellate court i.e., High Court. Section 28-a (1) read with 1995 – SC 2259 1997 – SC 1793 – CLR’s Ref. No. G.1/3629/90 dt. 31-12-1990.

Ø Whether Section 28-A application can be filed even when the amount of compensation was received without protest? Yes. (Refer C.L.R.’s Ref. No. G. 1/47/98 dt. 15-6-1998). (1995 (2) SC 689). Ø Should the L.A.O. simply follow the Judgment of the civil court in ing the award U/s 28-a (2)? No. Enquiry to be conducted and an award made by determining the amount of compensation, taking into the proximity, potentiality and utility of land. (Refer Sec. 28-A (2)) (1994 (3) ALT 620- para 12). Can a person interested file section 18 – application on the award U/s 28-A? Yes If he has not accepted the award U/s 28-A. (Refer Section 28-A (3)).

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GOVERNMENT OF ANDHRA PRADESH ABSTRACT Land Acquisition – Sanction of decretal payments towards land acquisition – Delegating powers to heads of Department to sanction certain decretal payments -----------------------------------------------------------------------------------------------------------------FINANCE (WORKS & PROJECTS (F.3)) DEPARTMENT G.O. Ms. No.9

Dated:9-7-2004 Read the following

1. G.O. Ms. No. 370 Rev. (LA) Dept. Dt. 16-4-1993. 2. G.O. Ms. No. 2341 & CAD Dept. Dt. 15-10-1993. 3. G.O. Ms. No. 431 & CAD (PW –TGP.II) Dept. Dt. 8-3-2004. O R D E R: Government is taking up several developmental activities. Certain of Infrastructure facilities and irrigation potential is the thrust area of development. For executing above works land required will be acquired by government under provisions of land Acquisition Act. The amount required for the land acquisition will be provided by the Execution Department. Land Acquisition Act provides for appeal against the rate fixed by Land Acquisition Officer. The aggrieved land owners are approaching courts for enhanced compensation with increase in development are approaching courts for enhanced compensation with increase in development activities, the litigations in land acquisition are increased. Several cases are pending in different courts. The attachment of government properties as a result of delay in meeting execution petition ordered by court, are on the rise. 2. The provisions in article 209 and 51 (b) of Andhra Pradesh Financial Code Vol. I requires the sanction of government against each payment either interim or final for the reason of payment of interest and in the absence of authorization by some general or special orders of Government. Normally land Acquisition officers are the respondents in land acquisition court cases. Executive Department has to accord sanction for payment and provide funds. This resulted in initiation of proposal by Land Acquisition Department will arrange for sanction, after observing due procedure. With increased litigations in land acquisition matters, there is a corresponding increase in proposals. These proposals are as per court decree, interim orders (or) final orders. Many of these proposals do not involve any critical examination of principle. The delay in initiating proposal, obtaining sanction and arranging payment is resulting in additional financial commitment to Government on of interest. 3. The matter of sanction of decretal payment received attention of Government. It is considered that number of cases where the decision could have ended at the level of land Acquisition officer or head of the Department are referred to government for a decision because of provision in Financial Code. It is further noticed that when the litigations was very limited this could have served the purpose, but with increase litigations routine, small amounts are also being sanctioned at Government level. Government considers that this procedure is consuming lot of precious time of senior functionaries which can be put to better

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use. Further this represents over centralization in of small amounts, sanction also coming up to Government level and getting. 4. After careful examination of the matter, Government hereby order to delegate the following powers to the heads of Departments of engineering Departments or other officers authorized with these powers by respective istrative Department. i.

To sanction all interim payments as per orders of High court or any other court subject to availability of provision in Budget Estimate under “Charged’ category of relevant object head.

ii.

To sanction full payment of decretal charges where enhancement allowed by court is below 100% of rate fixed by land Acquisition officer and where appeal is considered not necessary subject to approval of District Level land Acquisition monitoring Committee constituted under reference III cited and provision in Budget Estimate under “charged’ category of relevant object head.

iii.

To comply with orders of Lok Adalat as per guidelines prescribed by Government from time to time.

5. The government desires that heads of Departments of Engineering Departments should undertake critical review of the requirements and make sufficient provision in budget estimates so that the delegation becomes meaningful. Further the heads of Departments are instructed to maintain relevant records to monitor the progress of land Acquisition court cases and exercise powers delegated diligently with utmost care and due promptitude. 6. Government further order that proposals in all cases where enhancement by courts is 100% and above of the rate fixed by Land Acquisition officer shall continue to come to Government. Similarly all cases where the expenditure is to be met as advance from contingency fund, the proposals for sanctioning advance from contingency fund shall continue to come to Government. All other cases where delegation of powers are not ordered shall continue to come to Government. 7. these orders shall come into force from the date of issue heads of the Departments are empowered to deal all pending cases, except where sanctions are issued by Government. (BY ORDER AND IN THE NAME OF GOVERNOR OF ANDHRA PRADESH) I.Y.R. KRISHNA RAO PRINCIPAL SECRETARY (W & P) To: All ENCs/CEs of I & CAD Department and R&B Department All District Collectors All special Collectors of Major projects Director of Works s and All JDWAS, PAOs/APAOs.

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GOVERNMENT OF ANDHRA PRADESH IRRIGATION AND CAD DEPARTMENT Memo No. 65272/Irrgn.v.3/2004-2

Dated: 2-8-2004

Sub:- Suits – LA PJP – Mahaboobnagar district – Dharoor Mandal – Chintarevula Village – Sr. Civil judge, Gadwal enhanced the market value on the reference made by the Spl. Dy. Collector, L.A., PJP., Gadwal U/s 18 of L.A. Act in OP No. 185/95 and batch dated: 16-02-2004 – Classification sought for whether to file an appeal in the hon’ble high court – Certain – instructions – Issued – Regarding. Ref:- 1. G.O. ms. No. 34, I&CAD (PW.TGP.II) Deptt., Dated. 8-3-2004. 2. From the Spl. Collector (FAC), Srisailam project, Kurnool, Lr. Rc. BS/149/2004, dated: 28-04-2004. 3. From the Spl. Collector, SSP., Kurnool, Lr. Rc. B3/149/2004, Dt: 5-7-2004. *** In the reference 2nd cited, Spl. Collector, SSP., Kurnool sought for permission to file appeal in appellate court as per para 5 (V) of G.O. Ms. No. 34 I & CAD (PW.TGP.II) Deptt., Dated. 8-3-2004. as enhancement is more than 100%. In this regard all L.A.Os are informed that if they are of the view that appeal should be filed, they should do so without referring to Government for orders. Only in cases where they feel, as per the advice of government Pleader, that there are not enough grounds to file appeal even though enhancement is 100% or more such cases only be referred to government for instructions. In other words where LAOs feels appeal should be filed, they should do so. In cases where they think there is no need to file appeal and further action be dropped, refer such cases only to Government for orders. SURESH CHANDA SECRETARY TO GOVERNMENT To All the district collectors in the State. All the Spl. Collectors in State, SLSP, Tarnaka All the t collectors in the State. All the Land Acquistion officers in the State through the Collectors/special Collectors concerned. Copy to the spl. C.s. & CCLA., Hyderabad. Copy to the I & CAD (PW.TGP.II) Deptt. Copy to SF SCs. / / FORWARDED BY ORDER / / SECTION OFFICER.

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GOVERNMENT OF ANDHRA PRADESH ABSTRACT Land Acquisition – Irrigation & CAD Department – Enhance ment of compensation by the Reference courts and High Court on references made by Land Acquisition officers U/s 18 of Land Acquisition Act – District Level land Acquisition Monitoring Committee to deal with such cases constituted – Certain amendments – Issued. ---------------------------------------------------------------------------------------------------------------IRRIGATION & CAD (PROJECTS WIND.TGP. II.A2) DEPARTMENT G.O. Ms. No. 119.

Dated: 13-10-2004 Read the Following:

1. G.O. Ms. No. 370, Revenue (LA) Deptt., dated 16-4-1993. 2. G.O. Ms. No. 34, irrigation & CAD (P.W) Deptt., dated 8-3-2004. O R D E R: In the G.O. second read above, with a view to minimize delays in decision taking process, orders were issued constituting a district Level land Acquisition monitoring Committee to d4al with court cases arising out of Section 18 of Land Acquisition Act where the enhancement of compensation made by the reference courts & High court is above 50% and less than 100% and to take suitable action either to prefer appeals or to make payment of decretal charges as the case may be in so far as the land acquisition court cases relating to Irrigation & CAD Department is concerned.

2. With regard to cases, where the enhancement ordered by courts is more than 100% over the award of the Land Acquisition officer as per sub para (v) of para 5 of the G.O. second cited, the district Collectors/Special Collectors shall refer such cases to Government for taking decisions whether to make payment of decretal charges or to prefer further appeal.

3. in order to obviate the least possible delay in processing and taking decisions in such land Acquisition Court cases, the Government have carefully examined the matter and decided to delegate powers to District collectors/Special collectors to take decisions at their level without referring them to Government. Accordingly the Government hereby order that

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the orders at sub para (v) of para 5 of the G.O. second read above shall be substituted by sub paras (v) (a) and (b) of paragraph 5 as noted below:

(v)

(a) The district collectors/ special collectors are authorized to examine and take decisions whether to prefer an appeal or to deposit the decretal charges in respect of the Land Acquistion court cases relating to irrigation & CAD Department where the enhancement ordered by the Reference Court / High Court, as on the date of order, including all the benefits such as the market value, solatium, additional market value and interest and the future liability arising out of Section 18 references and Section 28-A applications, covered by the same notification U/s 4(1) of the land Acquisition Act is 100% or more out the total additional financial involvement is less than Rupees on lakh.

(vi)

(b) In cases where the enhancement ordered by the Reference Court is 100% or more over the award made by the Land Acquisition Officer as on the dates of order, including all benefits such as solatium, additional market value and interest and also the future financial liability on of Section 18 references and Section 28-A applications covered by the same notification U/s 4 (10 of the land Acquisition act, 1894 is Rupees one lakh and above the land Acquisition officers concerned i.e., Revenue Divisional officers, special Deputy collectors and Special Tahsildars etc., also far as the land Acquisition court cases relating to irrigation & CAD Department are concerned shall file appeals before the Appellate court i.e., High court without waiting for the opinion of the government pleader or the clearance of the District Collectors / special Collector concerned.

4. The above orders shall come into force with immediate effect. 5. This order issues with the concurrence of the Revenue (Land Acquisition) Department and Law Department. 6. Necessary amendments will be issued to the orders issued in the G.O. first read above by the Revenue (Land Acquisition) department. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

SURESH CHANDA SECRETARY TO GOVERNMENT (PROJECTS) To

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All the District Collectors in the State. All the Special Collectors in the State All the t Collectors in the State. All the LAOs in the State through the Collectors/Special Collectors. The special chief secretary & chief commissioner of Land istration Andhra Pradesh, Hyderabad. The Revenue (LA) Department, A.P. Secretariat, Hyderabad. The Finance Department, AP., Secretariat, Hyderabad. The Law Department, AP Secretariat, Hyderabad. Copy to: All engineers-in Chief/Chief Engineers in the State. All Secretariat Departments dealing with land Acquisition. The Advocate General, Andhra Pradesh High court, Andhra Pradesh, Hyderabad. The Government Pleader, Appeals, high court of Andhra Pradesh, Hyderabad. All Circulating officers dealing with Land Acquistion in Irrigation & CAD Department. The P.S. to Additional Secretary to CM., The P.S. to Minister (Major irrigation). The P.S, to Minister (Minor Irrigation). The P.S. to Principal Secretary to Government, irrigation & CAD Department. The P.S. to Secretary (P), irrigation & CAD Department. All Sections dealing with land Acquistion in Irrigation & Cad Department. SC/SF

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GOVERNMENT OF ANDHRA PRADESH FINANCE (WORKS & PROJECT S) DEPARTMENT G.O. Ms. No. 1s/9079/F3(1)/2004-1

Dated: 03-01-2005.

Sub: Land Acquisition – sanction of Decretal payments towards land Acquisition Delegation of Powers to the Heads of Department to Sanction certain decretal amount – Clarification – Issued. Ref:- 1.G.O. Ms. No. 9, finance (W&P) Dept. Dt. 9-7-2004 2. Note from Secretary (Projects), I & CAD, C. No.190/Secy. (P)/2004, Dt. 14-12-2004 *** nd In the reference 2 cited, Secretary to Government (Projects), I & CAD Department have to issue clarifications to para 4 (ii) of G.O. Ms. No. 9 as guidelines to Head of Departments on implementation. It was suggested that there is some confusion in regard to the interpretation to the worked rate fixed by land Acquisition officer” mentioned in G.O. Ms. No. 9, Dt. 9-7-2004. It is to clarify that the word “rate fixed by land acquisition officer’ at para 4(ii) of g.O. Ms. No. 9, Dt. 9-7-2004means land value only and does not include solatium. Additional market value 9or) interest. Further, the following guidelines are issued as requested by I & CAD Department i)

Collector / Special Collector Concerned can issue the sanction of the payment as per the orders of courts.

ii)

Sanction order will be sent by District Collector/ Special Collector to the Chief Engineer concerned for transfer of funds for making payment wherever required. The Present procedure for drawl funds will continue.

iii)

I.Y.R. KRISHNA RAO PRINCIPAL SECRETARY TO GOVERNMENT To All ENCs/CEs of I & CAD Department and R & B Department All district collectors All special Collectors of Major Irrigation Projects, Director of Works s, Hyderabad. All JDWAS, PAOs/APAOs Copy to s General (A&E) AP, Hyderabad. Copy to AG (Audit &I), Hyd. Copy to I&CAD Department Copy to R&B Department Copy to Rev (LA) Department. Copy to Finance (BG) Department

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Copy to P.S. to Minister (Fin & LA) Copy to P.S. to Prl. Secretary, Finance (W&P) Dept. The P.S. to Secretary (P), irrigation & CAD Department. Copy to P.s. to Secretary, TR&B Department Copy to DFA & EODS Copy to AFA & All Sections in Fin (W&P) Dept. Copy to SF SCs. / / FORWARDED BY ORDER / /

SECTION OFFICER.

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GOVERNMENT OF ANDHRA PRADESH IRRIGAION & CAD DEPARTMENT Dt: 18/1/2005

Memo No. 4684/R&R-1/2005-1

Sub: Land Acquisition – Delay in release of decretal Charges – Instructions issued Reg. ***** All engineers in the department may be aware that land owners, if not satisfied with the compensation awarded by LAO, approach civil courts for enhancement of compensation. If enhancement of compensation by court is considered to be high by the government, appeal is filed by LAO in High Court or Supreme Court. Based on final out come of this legal process, LAO sends proposal to Spl. Collector / district Collector/ CCLA / Government for release of balance amount payable to land owners. Recently, certain powers of Government were also delegated vid G.O. Ms. No. 9, Finance (W&P) (F.3) Department dated 9/72004 to Chief Engineers, District Collectors and Spl Collectors to expedite release of decretal charges to land owners. However in certain cases still proposal need to come to Government for approval and release of funds. But it has been observed in large number of cases that even after G.O. is issued, funds are not released to LAO for depositing in the court leading to unfortunate situation of either people approaching High Court and filling contempt cases against senior officers or approaching civil court and leading to attachment of Government properties. Government have come across few cases where G.Os wer issued in the year 2003 and still funds not released to LAOs. Its nothing but mockery of Government system. Such delays also put sever financial burden on State Exchequer in of interest at 15% per annum. In most of the cases interest becomes more than the principal amount. It has been informed that there are very large number of cases pending at field level even for examination of cases even for implementing Court orders. Recently high Court has taken a very serious view of this pendency and taken this issue as separate WP and asked Government to submit its response/stand. A feeling is going around that I & CAD will not release funds till senior officers are made to face contempt cases in High Court. Its unfortunate situation but looks to be some what true in view of facts that even GOs issued in 2003 are still pending for release of funds and some cases where financial order of courts have com many years back are still pending for examination / implementation.

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The universal response for not releasing funds is that provision is not available in the Budget. All may note that no such defense can be taken as far decretal charges are concerned. If sufficient provision is not available in the budget under that particular head, initially mount can be drawn from contingency Fund and later make good from other head of . Other alternative is to re-appropriate from other head of and release amount. Now the basic purpose of this memo. In view of the facts mentioned above, all ENCs/Chief Engineers are directed to honour and release amount as per government Order IMMEDIATELY repeat IMMEDIATELY. In case they have some fundamental issue in honouring the GO they should do so IMMEDIATELY repeat IMMEDIATELY. In case they fail to take immediate action as mentioned in previous Para undesirable event of disciplinary action may follow. No needs to repeat but such undesirable events are to be avoided. All are requested to go through this memo as number of times as they like to realize the importance and urgency of the subject. The undersigned will appear before the courts to answer contempt case where he personally failed to act and I will answer it. But certainly he shall not too willing to face contempt cases because of failure of some other officer. Please realize the importance of the subject and act, as one should do being there to act. Kindly acknowledge the receipt of the memo. The undersigned will be happy if acknowledgment is through email to his email address secy.prok [email protected].

SURESH CHANDA SECRETARY TO GOVERNMENT To All Engineer-in Chief /Chief Engineers Copy to: All district Collectors for information All Special Collectors for information Prl.Secretary, ICADD for information Prl.Secretary, Irrigation for information t Secretary, Irrigation for information All LA sections in Secretariat for information. / / FORWARDED BY ORDER / / SECTION OFFICER.

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GOVERNMENT OF ANDHRA PRADESH IRRIGATION & CAD DEPARTMENT

Dt: 11/2/2005

Memo No. 184/LA.IV & R&R/2004

Sub:- Land Acquisition – Payment of decretal charges – Model Calculation sheet – Reg. ***** In many land acquisition cases land owners approach Civil Court for enhancement of compensation. In many cases when government is not satisfied with the order of Civil court the appeal is held in High Court. In most of the cases, High Court gives stay on the orders of Lower Court with the condition to deposit 50% ( in most of the cases) of the compensation in the lower court. LAOs based on such interim directions deposit 50% amount in the Civil court. After final decision of the court is received the mater of payment of balance decretal charges based on final orders of the court, the question of adjusting the previously paid part amount arises. The instructions were issued by CCLA vide reference No. G1/1932/99, dated 6-12-1999 as follows: When market value, additional amount solatium and interest are calculated, the total amount is arrived by a particular date. When the amount deposited or to be deposited is less than the said total sum, first the amount has to be appropriated towards market value, additional amount and solatium. balance would be towards interest.

The

If still some more balance of interest

remains to be paid it has to be paid without delay before the claimants approach civil courts for interest on the balance interest. As per this principle, the part amount paid towards decretal charges should be adjusted in the order of market value, 30% solatium, 12% additional value interest in that order.

However, it has been detected by the government while scrutinizing the decretal proposal for payment of balance decretal amount, many Collectors and Spl. Collectors are

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not following the above sanctioned principle for adjusting a part payment. Any principle followed other than indicated above will result in adverse financial implications for the Government.

The issue was again examined in depth in consultation with Revenue, Law and Finance departments. Accordingly all the collectors, Spl. Collectors are directed to follow the principle indicated above for adjustment of part payment.

While depositing part payment in civil court, the Collectors and Spl. Collectors should first arrive at the amount payable as on the probable date of part payment and then arrive at the 50% (or any other percentage as per the direction of court) of the amount payable and deposit such amount in lumpsum in the civil court. At the time of payment of balance amount ( at the time of final settlement) part amount already paid should be adjusted as per the principle indicated above. For your guidance 3 model calculation sheets have been enclosed which will help you in understanding the above indicated principle.

SECRETARY (IRRIGATION) Enclosure: Calculation Sheet

To All the District Collectors All Spl. Collectors (LA) Copy to: C.C.L.A. for information Prl. Secretary (I&CAD) / Prl. Secretary (Irrigation) for information All Junior Officers All Sections

147

Decretal Charges Calculation

Award Date Part Payment Date

Sl. No.

Item

Extent

1 2 3 4 5 6

Land Value Wells Structures Trees Others Total for S. No.

0.75

On Date 23/09/1986 22/09/1988

10/07/1980 Possession date Balance Payment Date

MV by LAO Rate Total Value 4500

3375

3375

148

MV by Court Rate Total Value 11000

8250

8250

23/09/198 22/09/198

Differe total

48 0 0 0 0 48

Decretal Charges Calculation

Solatium and Addi tional Value Calculation Land Wells Structures Trees SOLATIUM on

√

ADDITIONAL VALUE on

√ √

√

√

√

√

√

√

√

From Date 10/07/1980 To Date 23/09/1986 Compute

√

√

√

Interest Calculation on SOLATIUM 9% Interest 897.24

15% Interest 1495.40 From Date 23/09/1986 to Date 22/ 09/1988 Compute

149

Others

√

Decretal Charges Calculation Enter Part Payment amount 7000 Decretal charges Calculation sheet Get Charge Details Sl. Claimant No.

1 2 3 4 5

1 Claimant Part Payment Balance (12) Interest on balance Total payable (3+4)

Total Diff. Value

9% interest

15% Interest

Total Gross Payable

Total Interest

Differential Values MV 30% 12% solatium Addl. Value 2 3 4 4875 1462.5 3631.81 4875 1462.5 662.50

5=2+3+4 6 9969.31 897.24 7000.00 0.00

7 8 9=6+7 1495.40 12361.95 2392.64 0.00 7000.00

0.00

0.00

2969.31

2969.31

897.24

1495.40 5361.95

0.00

0.00

445.40

445.40

0.00

0.00

0.00

0.00

3414.71

3414.71

897.24

1495.40 5807.35

150

445.40

445.40 2838.04

Decretal Charges Calculation Enter Part Payment amount 7000 Decretal charges Calculation sheet Get Charge Details

Sl. Claimant No.

1 2 3 4 5

1 Claimant Part Payment Balance (12) Interest on balance Total payable (3+4)

Total Diff. Value

9% interest

15% Interest

Total Gross Payable

Total Interest

Differential Values MV 30% 12% solatium Addl. Value 2 3 4 4875 1462.5 3631.81 4875 1462.5 3631.81

5=2+3+4 6 9969.31 897.24 9969.31 530.69

7 8 9=6+7 1495.40 12361.95 2392.64 0.00 10500.00

0.00

0.00

0.00

0.00

366.55

1495.40 1861.95

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

0.00

366.55

1495.40 1861.95

151

0.00

0.00 2392.64

Decretal Charges Calculation Enter Part Payment amount 7000 Decretal charges Calculation sheet Get Charge Details

Sl. Claimant No.

1 2 3 4 5

Differential Values MV 30% 12% Solatium Addl. Value 1 2 3 4 Claimant 4875 1462.5 3631.81 Part Payment 4875 1306.00 0.00 Balance (1-2) 0.00 156.50 3631.81 Interest on 0.00 23.48 0.00 balance Total payable 0.00 179.98 0.00 (3+4)

Total Diff. Value

9% interest

15% Interest

Total Gross Payable

5=2+3+4 9969.31 6181.00 3788.31 568.25

6 897.24 0.00 897.24 0.00

7 1495.40 0.00 1495.40 0.00

8 9=6+7 12361.95 2392.64 6181.00 6180.95 568.25 568.25

4356.56

897.24

1495.40 6749.20

152

Total Interest

2960.89

FORMS Number

Subject

1.

Requisition Form

2-A

Notification U/s 4(1) for State

2-B

Notification U/s 4(1) for Union

3.

Notice U/s 5-A

4

Preliminary Valuation Statement

5-A

Draft Declaration U/s 6 for State

5-B

Draft Declaration U/s 6 for Union

5-C

Draft Declaration U/s 6 for Local authority

5-D

Draft Declaration U/s 6 for Companies

6

Notice U/s 9(1) and 10

7

Notice U/s (9(3) and 10

8

Award

10

Notice to awardee to deliver possession of land

11

Letter to Requisitioning Department to receive possession of land

12

Statement of land required to e temporarily occupied for (purpose to be noted)

13

Return of land acquired to e sent to sub Registrar, concerned

15

Return of land granted in exchange

16

Schedule U/s 19(2) to be sent to civil court

19

Special eating to acquisition of lands for public purpose

20

Statement of pending LA cases

21

Land acquisition check Memorandum

25

Form of cancellation notice

153

# 746

THE A.P. LAND ACQUISITION MANUAL

[ APP.6]

APPENDIX - - 6 FORM – I

Form of requisition Column

1.

Name of Village

“

2.

Survey number and letter

“ “ “ “

3. 4. 5. 6.

Extent Purpose for which required. Boundaries The name and designation of the departmental officer deputed for the t inspection

Certificate 1.

Demarcation:-That the site was peg marked on the ground and the demarcation approved by a responsible officer.

2.

Plan:- That accurate measurements are furnished in the plan attached.

3.

Objections:-That the objections of the owners have been duty considered and that the selection of another suitable site less open to objection by the owners was found impossible.

4.

Entry on Land:- That the land proposed for acquisition was entered upon with the consent of the owners on ………………………… ..(here enter the date) and subject to the following conditions:

(Here enter the conditions) Note:-If the land was entered upon after the requisition was sent and before the award was ed the fact should be immediately reported to the Land Acquisition Officer, with full particulars. G.O.Ms.2222 :Rev., dt.19-6-1958. Funds:- That provision has actually been made in the budget for the cost of acquisition.

154

FORM 2-A Form of notification to be issued under Section 4 of Act I of 1894, as amended by Act XXXVIII of 1923 Whereas it appears to the Government of Andhra Pradesh that the land specified in the schedule below and situated in the …………………………… Village……………Taluk………………… ..district, is/are needed for a public purpose, to wit, for ……………………………………… notice to that effect is hereby given to all to whom it may concern in accordance with the provisions of sub-section (1) of Section 4 of the Land Acquisition Act, 1894 (Central Act I of 1894); And whereas it has become necessar y to acquire immediate possession of the land/lands specified in the Schedule below, the Governor of Andhra Pradesh hereby directs that the land/lands be acquired under the provisions of sub-section (1)/(2) of Section 17 of the said Act; * Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 4 of the said Act, the Governor of Andhra Pradesh hereby authorizes ------------------------, his staff and workmen, to exercise the powers conferred by the said sub-section and under clause © of Section 3 of the said Act, the Governor of Andhra Pradesh hereby appoints -------------------------- to perform the functions of a Collector under Section 5-A of the said Act. Under sub-section (4) of Section 17 of the said Act, the Governor of Andhra Pradesh hereby directs that in view of the urgency of the case, the provisions of Section 5-A of the said Act shall not apply to this case. **

THE SCHEDULE ---------------------------------district, ------------------------------taluk,----------------------village, Dry/Wet, S.No.-----------------------belonging to (1)-bounded on the North by S.No. ----------East by S.No. ---------------------South by S.No. -------------- and West by S.No. ---------------------- Total extent --------------------- acres Extent under acquisition (approximate)” Note:-* (1) The section not applicable should deleted. ** (2) The provision under the urgency clause should be deleted when not required.

155

FORM 2-B Acquisition of land for the purposes of the Union Government Draft Notification under Section 4 (1) of the Land Acquisition Act, 1894

Whereas in exercise of the powers conferred by clause (1) of Article 250 of the Constitution of India, the President of India has in the Ministry of Food, Agriculture, Community Development and Co-operation (Department of Agriculture) Notification No. 4(1)/65 General – II, dated the 23rd April 1966, entrusted to the Government of Andhra Pradesh with their consent the functions of the Central Government under the Land Acquisition Act, 1894 (Central Act I of 1894), in relation to acquisition of land for the purpose of the Union in this state; And whereas the land/lands specified in the schedule below is/are needed for a public purpose, to wit, for ----------------------- notice o that effect is hereby given o all o whom it may concern, in accordance with the provisions of sub-section (1) of Section 4 of the Land Acquisition Act, 1894 (Central Act I of 1894); And whereas it has become necessar y to acquire the immediate possession of the lands specified in the Schedule below, the Governor of Andhra Pradesh hereby directs that the land/lands be acquired under the provision of sub-section (1)/(2) of Section 17 of the said Act; *, Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 4 of the said Act, the Governor of Andhra Pradesh hereby authorizes the ---------------------------------------, his staff and workmen to exercise the powers conferred by the said sub-section; under clause (c) of Section 3 of the said Act, the Governor of Andhra Pradesh hereby appoints ------------------------------------------- to perform the functions of a collector under Section 5 – A of the said Act; Under sub-section (4) of Section 17 of the said Act the Governor of Andhra Pradesh hereby directs that, in view of the urgency of the case, the provisions of Section 5-A of the said Act shall not apply to this case ** Note:- * (1) The section not applicable should be elected. ** (2) The provision under the emergency clause should be deleted when not required. Notice to that effect is hereby given to all whom it may concern in accordance with the provisions of Section 4 (1) of the Land Acquisition Act I of as amended by the Land Acquisition Amendment Act XXXVIII of 1923 and the Governor of Andhra Pradesh hereby authorizes.

156

His staff and workmen to exercise the powers conferred by Section 4 (2) of the Act. Under Section 3© of same Act, the Governor of Andhra Pradesh appoints. To perform the functions of a Collector under Sec. 5-A of the Act. Under sub-section (4) of Section 17 of the Act, the Governor of Andhra Pradesh directs that, in view of the urgency of the case, the provisions of Section 5-A of the Act shall not apply to this case.

FORM 3 Notice under Section 5-A of the Land Acquisition Act I of 1894, as amended the Land Acquisition

Amendment Act XXXVIII of 1923 Notice is hereby given that the land specified in the appended schedule and situated in the village of ………………………………………………………………………………… in the taluk of ……………………………………………………………………… ..in the district of …………………………………… is needed or is likely to be needed for a public purpose, to wit, for ……………………………………………………………… . In accordance with the notification under Section 4(10 of the Land Acquisition Act I of 1894, as amended by the Land Acquisition (Amendment) Act XXXVIII of 1923, published by Government at page ……………………………… ……. on Part I of the Andhra Pradesh Gazette, dated …………………… .All person interested in the land are accordingly required to lodge before …………………………………………………… . …………………………………………………………………… .…………………………………… …….……………you……..………………………………………………………… . with in 15 days from the date of publication of the above notification a statement in writing of their objection ……………………………………………………………………… . …………………… service of this notice ………………………… .. ….…………… your ………………………………………… . If any, to the acquisition of the said land. Any objection statement which is received after due date or which does not clearly explain the nature of the sender interest in ……………………………………… .. …………………………………………………………………………………… yours the land is liable to be summarily rejected. Objections received within the due date, if any, will be enquired into on …………………………… . at ………………………………… when ………………… ... The objectors will be at liberty to appear in person or by pleader and to ………………………………………………………………………………………………………… .. you adduce any oral or documentary evidence in of their objections.

157

SCHEDULE Survey Number

Description

Extent required

Reputed owner

__________________________________________________________________ __

____________________________________________________________________

158

RULES AND FORMS FORM 4 Preliminary valuation statement Form of Statement to be prepared by an officer of the Revenue Department (t with an officer of the department requiring the land if a t inspection with such officer is made) and to be submitted to and signed by the District Collector.

Area

Assessment or rental

(4)

Description dry or Wet

Village

(3)

Number of field

Taluk

(2)

Boundaries

Purpose for which Land is required

(1)

Whether ryotwari inam or zamindari

Department requiring land

Particulars of Land required ------------------------------------------------------

(5)

(6)

(7)

(8)

(9)

(10)

………………………………………………………………………………………………… .

(16)

159

(17)

(18)

(19)

Remarks

Total Compensation Payable

(14) (15)

Fifteen per cent addition allowable under Sec.23 (2) Act I of 1894

House

(13)

Total

Land

(12)

Trees

Selling price of similar land in the vicinity or other data on which the estimate of the value of the land is based

(11)

Wells

Name of Owner of Occupier

Estimated Value of ……………………

(20)

FORM 5 - A Acquisition for purposes of the State Draft declaration under Section 6 of the Land Acquisition Act. The Government having been satisfied that the land specified in the schedule below has/have to be acquired for public purpose and it having already been decided that the entire amount of compensation to be awarded for the land/lands is to be paid out of public revenues, the following Declaration is issued under Section 6 of the Land Acquisition Act, 1894 (Central Act I of 1894).

DECLARATION Under Section 6 of the Land Acquisition Act, 1894 (Central Act I of 1894), the Governor of Andhra Pradesh hereby declares that the land/lands specified in the Schedule below and measuring ………………………… ……… acres, be the same a little more or less, is/are needed for a public purpose, to wit, for ---------------------------- A Plan of the land/lands is are kept in the Office of the ------------------------------------ and may be inspected at any time during office hours.

THE SCHEDULE ---------------------------- district, -----------------------------------taluk, ---------------------------(1) -----------------------(2)--------------------------------(3) --------------------------------- etc., bounded no the North by S.No.--------------------East ------------------------South by S.No. ---------------------------------- and West by S.No. -------------------------------- Total extent:---------------acres”.

160

“FORM 5 - B Acquisition of land for the purpose of the Union Draft Declaration under Section 6 of the Land Acquisition Act Whereas in exercise of the powers conferred by clause (1) of Article 258 of the Constitution of India, the President of India has in the Ministry of Food, Agriculture, Community Development and Co-operation (Department of Agriculture) Notification No.4 (1)/65 General Ii, dated the 23rd April, 1966, entrusted to the Government of Andhra Pradesh with their consent, the functions of the Central Government under the Land Acquisition Act, 1894 (Central Act I of 1894), in relation to acquisition of land for the purposes of the Union in this State; And whereas it has already been decided that the compensation should be paid from the Public revenues; Now, therefore, in exercise of powers conferred by Section 6 of the said Act, the Governor of Andhra Pradesh hereby declares that the land/lands specified in the Schedule below and measuring ---------------------------------- acres, be the same a little more or less, is/are needed for a public purpose, to wit, for A plan of the land/lands is/are kept in the Office of the --------------------------------and may be inspected at any time during office hours.

THE SCHEDULE ---------------------------- district, -----------------------------------taluk, ---------------------------(1) -----------------------(2)--------------------------------(3) --------------------------------- etc., bounded no the North by S.No.--------------------East ------------------------South by S.No. ---------------------------------- and West by S.No. -------------------------------- Total extent:---------------acres”.

161

FORM 5 – C Declaration under Section 6 of the Land Acquisition Act in respect of Acquisition of Lands For a Local authority

The Government of Andhra Pradesh having been satisfied that the land/lands specified in the Schedule below has/have to be acquired for a public purpose, and it having already been decided that the entire amount of compensation to be awarded for the land/lands is to be paid by * out of the fund controlled or managed by * --------------- following Declaration is issued under Section 6 of the Land Acquisition Act, 1894 (Central Act I of 1894).

DECLARATION Under Section 6 of the Land Acquisition Act, 1894 (Central Act I of 1894), the Governor of Andhra Pradesh hereby declares that the land/lands specified in the Schedule below and measuring ………………………………… acres, be the same a little more or less, is/are needed for a public purpose, to wit, for ----------------------------

A Plan of the land/lands is are kept in the Office of the -------------------------------- and may be inspected at any time during office hours.

THE SCHEDULE ---------------------------- district, -----------------------------------taluk, ---------------------------(1) -----------------------(2)--------------------------------(3) --------------------------------- etc., bounded no the North by S.No.--------------------East ------------------------South by S.No. ---------------------------------- and West by S.No. -------------------------------- Total extent:---------------acres”.

162

FORM 5 – D Preamble to Declaration under Section 6 of the Land Acquisition Act in respect of the acquisition of lands for a company

The Government of Andhra Pradesh having been satisfied that the land/lands specified in the Schedule below has/have to be acquired for * which is for a public purpose and it having already been decided that the entire amount of compensation to be awarded for the land/lands is/are to be paid by the said company, the following Declaration is issued under Section 6 of the Land Acquisition Act. 1894) (*) Note:- Here specify the purpose and name of the company.

163

FORM 6 Notice under Sections 9 (1) and 10 of the Land Acquisition Act I of 1894 (India)

Notice is hereby given that the State Government propose to acquire the lands mentioned in the list below, which are required for public purpose under Act I of 1894 (India). All persons interested in the lands are requested to appear in person or by authorized agent on ………………………………… before …………………………… at ………………………………………… . State ……………………………………… . and to ……………………………………………………………………………… .. the Put in a statement in writing signed by themselves or their agents showing nature of their interest in the lands, the amount of compensation for such interests with particulars thereof and their objections (if any) to the measurements made under Sections 8 of the Act, and to put in a statement containing, so far as may be practicable the name of every other person possessing any interest in the land or any part of it as co-proprietor sub-proprietor mortgage, tenant or otherwise the nature of such interest and the rents and profits (if any) received or receivable on of its for three years next proceeding the date of the Statement.

Particulars of the Lands

Extent

Assessment

Remarks

(3)

Field No

Name of owner or ed holder or other person interested in the land

(2)

Wet

Village

(1)

Inam ayan zamin-

Taluk

……………………… ………………………………………………………………………… .

(4)

(5)

(6)

(7)

(8)

(9)

Acs.

Rs.

P.

-----------------------------------------------------------------------------------------------------------------164

Note:- If the persons interested refuse to make a claim to compensation or omit, without sufficient reasons, to make such claim, the amount to be awarded by the court in the event of a reference being made to it on application made by them, shall in no case exceed the amount awarded by the Collector under Section 11 of the Act. G.O.Ms.1745, Rev., dt. 9-6-1959. G.O.Ms. 1763, Rev., dt. 28-8-37. B.P. 36, Press, dt. 20-4-38. G.O.Ms. 420, Rev., dt. 7-3-33. B.P. 22, dt. 21-3-33. G.O.Rt. 161, Rev., dt. 15-3-57.

165

FORM – 7 Notice under Sections 9 (3) and 10 of the Land Acquisition Act I of 1894 (India)

Collector of …………………………………… ……………………… .. District. Notice is hereby given that State Government propose to acquire the lands mentioned in the list below, which are required for a public purpose under Act I of 1894 (India). Your are required to appear in person or by authorized agent on ……………… ... …………………… .………………………………… before …………………………… at ………………………………………… . State ……………………………………… . Showing the nature put in statement in writing signed by your or your authorized agent ……………………………… of your interest in the lands the amount of compensation for such interest with particulars thereof and your objections (if any) to the measurement made under Section 8 of the Act and to put in a statement containing so far as may be practicable, the name of every other person possessing any interest in the land or any part of it as coproprietor, sub-proprietor or mortgage, tenant or otherwise the nature of such interest and the rents and profits (if any) received or receivable on of it for three years next preceding the date of the statement.

Particulars of the Lands

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8) Acs.

166

Remarks

Assessment

Extent

Field No

Wet

Inam ayan zamin-

Name of owner or ed holder or other person interested in the land

Village

Taluk

…………………………………………………………………………………………………… .

(9) Rs.

P.

---------------------------------------------------------------------------------------------------------------------Note:- If you fail to make a claim to compensation or omit without sufficient reason to make such claim, the amount to be awarded by the court in the event of a reference being made to it on your application, shall in no case, exceed the amount awarded by the Collector under Section 11 of the Act.

G.O.Ms. 420, Rev., dt. 7-3-33. G.O.Ms. 1763, Rev., dt. 28-8-37. G.O.Rt. 161, Rev., dt. 15-3-57. G.O.Ms. 2464, Rev., dt. 26-8-53..

B.P. 22, dt. 21-3-33. B.P. 36, Press, dt. 20-4-38. B.P. Press, 28. dt. 22-12-58.

167

FORM 8 ………………………………………………… Award …………………………………… No……………………………… .dated ……………………………… made by…………. ………………………………………… .. under Section 11 of the Land Acquisition Act I of 1894. Whereas an extent of land measuring acres ……………………………………… .. And situated in the village of ……………………………………………………………… In the taluk …………………………………………… .... In the registration sub-district of ………………………………………… . In the district of …………………………… and ed in the name of or occupied by, the person specified below, has been declared by State Government at page of the Fort St. George Gazette, part……. ………………… . Dated …………………………………… ………. To be needed for ……. ………………………… …….……… the undersigned circumstances connected with the acquisition as here before set forth, makes the following award under his hand:(i) (ii) (a)

The true area of the land is acres The compensation allowed for the land is Rs. As shown below:(1) The market value of the land subject to …………………………… full assessment, peshkush or ground-rent as the case may be, and in the case of house-site held free, its market value as such, exclusive in all cases of trees, buildings and standing crops, at Rs………………………… .. vide Board’s Standing Order No, 90, paragraph 14 (i), Notice (1) (2)

In the case of inams other than those Mentioned in paragraph 14 (ii) of Board’s Standing Order No. 90, compensation for loss of privilege calculated at 20 times the assignment of Government revenue to which the inamdar is entitled vide Board’s Standing Order No. 99, Paragraph 14 (i) Note (2)

(3)

In the case of inams coming under paragraph 14 (ii) of Board’s Standing Order No. 90, the amount of net assessment guaranteed to the inamdar at the time of the inam settlement on the extent acquired, which represent the melvaram interest in Rupees. Note:- The value of the compensation for the Kudivaram interest is to be entered against item (ii) (a) (1) above.

168

(b)

Valuation on of buildings, wells, crops, trees, etc.,

(c)

15 [ercemt pm items (a) (1) and (2) and (b)

(d)

Other damages, if any (to be specified) -------------------------------Rupees Total. --------------------------------

169

Office of the Special Deputy Collector (L.A) ………………………… .. Project …............................. District File No:

Date :

FORM- 9 Notice of Award U/s 12(2) of the Land Acquisition Act-I of 1894 Take Notice that the Award with the following particulars has been ed by the under signed in the acquisition of lands as per notification of Andhra Pradesh Gazzette issue No: ………………… .. Dated ………………. Vide Award No: ………………. Dated………………………… . of the Special Deputy Collector (L.A)……………… .. Project , …………………………… .. Vilage/Mandal/ Sy.No: Extent District ( in acres)

1

2

3

Name of the interested person to whom the amount is awarded with apportionment there of 4

Amount per acre in Rs

Total amount in Rs

5

6

The person mentioned in col. No: 4 is hereby informed that he/ she should appear in person before the under signed in Gram Pachayat Office, ……………………… .. village of ---------------------- Mandal on --------------------- at ------------------ A.M / P.M and receive the amount specified above , failing which the said sum of money will be kept in Revenue Deposits and will bear no interest. Further , it is informed that no interest shall be payable for the period from the expiry of seven (7) days from the date of receipt of this notice. The Awardee is required to appear before the Special Deputy Collector, L.A , ………………………………………… project, ------------------- at Gram Panchayat Office …………………………… village on the appointed date with four (4) port size photos. Office of the Special Deputy Collector( L.A) ………………………… Project ………………………… District TO Sri/Smt ……………………… Copy to the Mandal Revenue Officer , ……………… Mandal. He/She is directed to depute the village Revenue Officer, concerned along with Village s on the day fixed for disbursement of cheques to the awardees

170

FORM 10 Form of letter from the Land Acquisition officer to the department concerned to receive possession of the land

No………………………………………………………………………………………… ... ………………………………………………………………………… ..…………OFFICE ………………………………………………………………………………………… ..19 from Land Acquisition officer, To Reference---- Acquisition of land for SIR With reference to the correspondence ending with ……………………………… ……….. Letter No…………………………… .. I am to inform you that ………………………… …………… acres ………………………………… cents of land have been acquired on your behalf. Please arrange to depute an officer of your department to take possession of the land from the Revenue Inspector of …………………………………………………… ……………… . at …………………………………… .on ……………………………… 19 …………… Yours faithfully,

Land Acquisition Officer.

171

FORM 12 Statement of land required to be temporarily Occupied for (note the purpose here)

….……………………………………………………………………………………………………… . District Taluk

Village

Description of Name of Boundaries of the Land, inam or owner or land required to Government, occupier North East South West Wet or dry, with Survey or paiMash number or ………………………… ………………………………………………………………………………… (1) (2) (3) (4) (5) (6) (7) (8) (9) …………………………………………………………………………………………………… ……….

………………………………………………………………………………………………………… . The Authority sanctioning the Estimate for the work for Extent to The probable the land is required i.e., The amount The total be occupied compensation whether sanctioned in a of the sanctioned amount Government Order or by estimate provided the Superintending, Engineer for land in his Circular No. the sanctioned estimate …………………………………………………………………………………………………………… . (10) (11) (12) (13) (14) ……………………………………………………………………………………………………………

…………………………………………………………………………………………………………….

172

FORM 13 Return of lands acquired under the Land Acquisition Act (to be forwarded to the Registration Dep

(3)

Name and designation of the officer who made the award

Date of Award

Names of the subdistrict and village

1

2

3-a

Name of Name and description of property acquired the Land Boundaries Extnt if any Survey No. North East South West or subnumber or letter or pamash number 3-b 3-c 3-d 3–f 3–g 3-h

(4)

4–a

3–i

4–c

Name and description of person to whom the prop

Amount or value of compensation awarded

Name including rank and title

4–d

5–a

Father’s name in he case of males, and the husband’s name in the case of females, when a person is usually described as the son of his mother, then his mother’s name 5–b 5-c 5-d 5-e

Residence

The The nature of purpose for compensation which the awarded transfer was made

4 –b

H o o d t n t p

(5)

Nature of the interest in immoveable property Natuere of interest in immoveable property transferred

Classification of lands as Government or Inam or zamindari land as wet, dry or garden

Caste

(2)

Profession

(1)

Note:- A copy of this return should be sent to every Sub-Registar in whose sub -district any por tion of th to in the awar d is situated

173

(1-c) (1-d) (1-e) (1-f) (3) (4 – a)

Father’s name in the case of males and husbands name in the case of females where a person is

(4-b)

Usually described as the son of his mother, then his mother’s name

FORM 15

(2)

Name (including rank and ade)

(3)

(1-j)

Name and description of the person to whom the property granted belonged

(2)

(1-i)

Nature of interest of immoveable property granted.

174

Houses, buildings, trees or hills, if any situated of the land and their description, name of street and door number in the case of house property

Return of Lands Granted in Exchange

(1-g) (1-h)

Classification of land (Government Inam or Zamindari, wet, dry or garden)

----------------------------------------------------------------------------------------------------------------------------------------

(1-b)

Survey number or sub-number or letter or paimash number

(1) Name and description of property granted in exchange Boundaries Nort East Sout West Exte Name of the h h nt sub-district village

(1-a)

Name of the land if any

Specification of the Land ------------------------------------------------------------------------------------------------------------

Number Extent Name Proportion Date of Date of & name of ate rent or sale payme estate of field, if peshkush nt or any number title deed, if inam -----------------------------------------------------------------------------------------------------------Acs. Rs. P. Rs. P. -----------------------------------------------------------------------------------------------------------G.O. Ms. 1763. Rev., dt. 28-8-1937 B.P. 36, Press, dt. 20-4-1938 G.O. Ms. 1005, Rev., dt. 3-5-1941 B.P. Ms. 3065, dt. 15-11-1941. District

Assessment

Taluk and Villag e

Form – 16 Schedule under section 19 (2) of the Land Acquisition Act, giving particulars of statements made in writing -----------------------------------------------------------------------------------------------------------From whom Date of Date of abstract of Remarks Statement receipt statement ------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------Schedule under section 19 (2) of the Land Acquisition Act, giving particulars of notices served. --------------------------------------------------------------------------------------------------------------------------Description of notice Date Name of person When servedHow served Notice under Section 9 (3) And 10 of the Act Notice under Section 12 (2) of the Act --------------------------------------------------------------------------------------------------------------------------Date 19-----------------Land Acquisition Officer

175

FORM 19 Special of papers relating to acquition of land for public purpose

----------------------------------------------------------------------------------------------------------------------------------------

Serial Date of Department Purpose of No. requisition from which acquisition the requisition has been received

Date of submission of notification under S 4(1)

Date of the publication of the notification in the official gazette

Number and date of the letter submitting the draft declaration under Section 6.

(1)

(5)

(6)

(7)

(2)

(3)

(4)

Date of the publication in the official gazette of the declaration under Sec.6 (8)

Date Se of the N award da th aw st

(9)

(1

---------------------------------------------------------------------------------------------------------------------------------------Note:- Column (7) - The letter should given a R.Dis number. Column (8) – The Government Order ordering the publication of the declaration should be given a separa which should be entered within brackets in this column.

176

FORM 20 (A)

Statement of pending land acquisition cases

Name of the District …………………………………………………………………………… ... Number of cases pending at the beginning of the half-year …………………… ..………………… .. Number of cases received during the half-year……………………………………………………… Total……………………………………… Number of cases disposed of during the half-year…………………………………………………… Balance at the end of the half-year ---(here enter the year-wise details of the balance also)………... ……………………………… .. (b)

Details in respect of cases pending over one year

(4)

(5)

(6)

(7)

Remarks or causes of abnormal delay at any stage from the date of application. If remarks are lengthy space under columns (5) —(

Subject in brief

(3)

Date of Award

Department applying for acquisition

(2)

Date of Publication of declaration under Section 6

Date of application

(1)

Date of publication o f notification under Section 4 (1)

Serial number

……………………………………………………………………………………………………… ...

(8)

………………………………………………………………………………………………… .. B.P. press, 10, dt. 25-5-44

177

FORM 21 Land Acquisition Check-Memorandum Questions

Answer

1.

Number and name of the village and name of the taluk.

2.

Whether the village is ryotwari, inam or Zamindari.

3.

Whether the village is surveyed or not

4.

Date of application for the Acquisition of the Land.

5.

The purpose for which land is required.

6.

Date of publication of the notification under Section 4 of the land Acquisition Act.

7.

Date of publication of the notification under Section 5 or 17 (b) (ii) of the Survey and Boundaries Act. Note:- The above question applies only to Non-Government Villages. 8.

Date of publication of the notification under Clause 1 to Section 4 of the Survey and Boundaries Act.

9.

Date of publication of the notification under Section 6 of the Survey and boundaries Act. Is the village Officer’s certificate of publication in the file?

10. Date of preparation of plotted sketch by the Revenue Inspector, Surveyor or Draughtsman.

178

Does the plotted sketch or demarcation sketch in the case of acquisition for large projects bear the Revenue Inspector’s or Surveyor’s certificated or Certificated of demarcation? What is the date of it? 12. Date of counter-signature by the Circle Officer or District Surveyor or the Special Land Acquisition Officer of the sketch in token of technical scrutiny. Note:- Even sketches of entire old fields or ed Sub-divisions require technical scrutiny. They should also bear the certificate of demarcation referred to in Question 11 (eleven).

11.

13.

Date of publication of the declaration under Section 6 of the Land Acquisition Act, and the area notified for acquisition – (a) Ryotwari (b) Inam, (c) other lands with (d) description

14.

Date of publication of the notice mentioned in section 9 (1) of the Land Acquisition Act. –Is the Village Officer’s certificate of publication in the file? Date of service of the notices under Section 9 (3) of the Land Acquisition Act. – Are the acknowledgments in respect of them in the file?

15.

Is the certificate required under Section 9 (1) or 10 (1) of the Survey and Boundaries Act available in the file?

16.

Date of service of the notices under Section 9 (2) or 10 (2) of the Survey and Boundaries Act.—Are the acknowledgments in respect of them in the file.

17.

Date of the award enquiry under Sec. 11 of the Land Acquisition Act.

179

18.

Does the Land Acquisition file contain extracts from the village and taluk As of the village?

19.

Area withdrawn from acquisition, if any, and date of publication of the notification under Section 48 (1) of the Land Acquisition Act.

20.

Date of ing the award and the areas acquired.

21.

Is the award drawn up in the form standardized in B.P.No.33, dated 6th June 1927 and is copy of the proceedings discussing the grounds of valuation in the file?

22.

Date of dispatch of the Code Form A (T & A 54) to the Audit office.

23.

Date of dispatch of the Code Form A (T & A 54) to the Audit office.

24.

Have notices under Section 12 (2) of the land Acquisition Act been issued promptly wherever necessar y and are their acknowledgement in the file?

25.

(a) Have reference to Court been made where necessar y and the amounts covered by such reference deposited in Court and acknowledgment by it?

26.

Date of handing over possession of the land to the department requiring it.

27.

Date of submission of proposals to the Collector for the grant of beriz deduction or for the reduction of quitrent or peshkush and the date of receipt of the Collector’s orders thereon.

180

28.

Date of dispatch of Form No. 13 printed in Appendix to B.S.O. No. 90 to the Registration Department by or through the Revenue Divisional Officer.

29.

When the Land Acquisition Officer, is not himself the Revenue Divisional Officer, date of dispatch to the Revenue Divisional Officer of the duplicate copies of the revised filed maps, the sub-division statements and the statement of changes due to land acquisition and the demarcation sketch.

30.

Has the acquisition been entered in Taluk No. 7? What is the number of the ? Note:- This does not apply to cases of Acquisition in which no change in the classification of the land acquired is involved. B.P. 160, Press, dt/28-11-35

31.

If the acquisition involved new field or subdivision, has the case been entered in Taluk- 8A ? If so, what is number of the item in the ?

32.

Date of (a0 the insertion of the new field maps or the plotting of the new subdivisions in the village copy of the field measurement book, (or the record of measurement and revenue map in a surveyed tow) and (b) entry in permanent “A” .

33.

Date of (a) plotting of the new fields or sub-divisions in the town Surveyor’s copy of the record of measurement and revenue map and the Chairman’s copy of the revenue map and (b) Entry in Town Survey in a (c) surveyed town.

181

G.O. G.O. G.O. G.O. G.O. G.O. G.O. G.O. G.O.

34.

Whether the survey records sent to the circle Officer of District Survey or after the incorporation of changes in the village, s for final scrutiny and for correction of the maintained set of village maps where necessar y? What is the number of the item in the Circle Officer’s or district surveyor’s sub-division ?

35.

Date of (a) the insertion of the new field maps of the plotting of the new subdivisions in the taluk copy of held measurement book (or the record of measurement and revenue may in a surveyed town) and (b) entry in permanent A .

36.

Date of the publication of the notification under Section 13 of the Survey and Boundaries Act in the District Gazette and in the village.

37.

Date on which the land acquisition file was closed and its disposal number.

38.

Date on which copy of the check Memorandum was submitted to the Collector.

Ms. 2813, Rev., dt. 31-10-38. Ms. 26, Rev., dt. 17-1-44. Ms.1727, Rev., dt. 24-9-37. Ms. 135, Rev., dt. 20-1-31. Ms. 524, Rev., dt. 17-3-34. Ms. 2057, Rev., dt. 1-7-55. Ms. 664, Rev., dt. 29-4-45. Ms. 2065, Rev., dt. 17-5-57. 1788, Press., dt. 27-4-57.

B.P. B.P. B.P. B.P. B.P. B.P. B.P. B.P.

B.P. Press, 25, dt. 20-3-39. Press, 4, dt. 3-2-44. dt. 14-9-37. Mis, 238, dt. 24-1-31. 58, dt. 30-4-34. 160 Press, dt. 28-11-35. Press, 22, dt. 18-7-45. Press, dt. 7-3-47. Ms. 1507, dt. 29-11-58.

182

FORM 25 Cancellation Notification (I) Under sub-section (I) of Section 4 of the Land Acquisition Act 1894 (Central Act 1 of 18940, THE government of Andhra Pradesh hereby rescinds the -----------------------------------Department Notification No--------------------------- Department of ---------------------------------dated the --------------------------------------------------- published at page -----------------------------of part ------------------------- Section ---------------------------- of the Andhra Pradesh Government Gazette, dated the --------------------------------------( II ) Whereas the land/lands specified in the Schedule below has/have been notified after the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967 (Central Ordinance, I of 1967), under sub-section (i) of Section 4 of the Land Acquisition Act, 1984 (Central Act I of 1894), in Department Notification --------------------------------- dated the --------------------------------------- published at ------------------------------------------------- of part- ---------------------------------------- of Section -------------------------------------- of the Andhra Pradesh Government Gazette, date the -------------------------------------------------. And, whereas, three years having expired from the date of publication of the said Notification under sub-section ( I) of Section 4 of the Land Acquisition Act. 1894 (Central Act I of 18940, THE PROVISION TO section 3 (a) (ii) of the Land Acquisition (Amendment and Validation ) Act, 1967 (Central Act 13 of 1967), prohibits the making of a Declaration under Section 6 of Central Act I of 1894, in respect of the said land/lands. Now, therefore, under sub-section (I) of Section 4 of the Land Acquisition Act 1894 (Central Act I of 1894), the Governor of Andhra Pradesh hereby cancels the said ---------------------------------------------------------- Department Notification No. ------------------------- dated the ------------------------------------------------------.

THE SCHEDULE ---------------------------- district, -----------------------------------taluk, ---------------------------village, dry/wet. S.No. ---------------------------- belonging to (1) ------------------------(2)-------------------------------(3) --------------------------------- etc., bounded no the North by S.No.--------------------East -----------------------South by S.No. ---------------------------------- and West by S.No. ------------------------------- Total extent:---------------acres”. ( IIII )

Whereas the land/lands specified in Part A and Part B of the Schedule below has have been notified after the commencement of the Land Acquisition (Amendment and

183

Validation ) Ordinance, 1967 (Central Ordinance I of 1967), under sub-section 4 of the Land Acquisition Act, 1894 (Central Act I of 1894), in ------------------------------ Department Notification --------------------------------- dated the ---------------------------------------- published at ------------------------------------------------ of part- ----------------------------------------- of Section ------------------------------------- of the Andhra Pradesh Government Gazette, date the ------------------------------------------------. And whereas, before the expiry of three years from the date of publication of the said Notification under Sub-section (1) of Section 4 of the Land Acquisition Act, 1894 (Cemtra; Act I of 1894), (Central Act I of 1894), a declaration/ declarations has/have been made under Section 6 of Central Act I of 1894, in respect of the land/lands specified in Part A of the Schedule below; And whereas, three years having expired from the date of publication of the said notification under sub-section (1) of Section 4 of the Land Acquisition Act, 1894 (Central Act I of 1894) the proviso to Section 3 (a) (ii) of the Land Acquisition (Amendment and Validation) Act 1967 (Central Act 13 of 1967), prohibits the making of a Declaration under Section 6 of Central Act I of 1894, in respect of the land/lands specified in Part B of the Schedule below: Now, therefore, under sub-section (1) of Section 4 of the Land Acquisition Act, 1894 (Central Act I of 1894), the Governor of Andhra Pradesh hereby cancels the said ------------------------------------------ Department Notification No. ------------------------------- dated the --------------------------------------- in so far as the said Notification relates to the land specified in Part B of the Schedule below.

184

THE SCHEDULE PART – A ---------------------------- district, -----------------------------------taluk, ---------------------------village, dry/wet. S.No. ---------------------------- belonging to (1) ------------------------(2)-------------------------------(3) --------------------------------- etc., bounded no the North by S.No.--------------------East -----------------------South by S.No. ---------------------------------- and West by S.No. -------------------------------Total extent:---------------acres”.

PART – B ---------------------------- district, -----------------------------------taluk, ---------------------------village, dry/wet. S.No. ---------------------------- belonging to (1) ------------------------(2)-------------------------------(3) --------------------------------- etc., bounded no the North by S.No.--------------------East -----------------------South by S.No. ---------------------------------- and West by S.No. -------------------------------Total extent:---------------acres”.

Notification under Section 48 (1) of the Land Acquisition Act, 1894 Under sub-section (i) of Section 48 of the Land Acquisition Act, 1894 (Central Act I of 1894), the Governor of Andhra Pradesh hereby withdraws from acquisition the lands specified in the Schedule below in respect of which -----------------------------Department ---------------------------------------- Notification S.R.O. No. --------------------------------- dated the ---------------------------------------published at -------------------------------------------------page ------------------- of part- ---------------------------------------- of Section -------------------------------------- of the Andhra Pradesh Government Gazette, date the ------------------------------------------------- under sub-section (1) of Section 4 and Section 6 of the said Act, respectively, as being required for public purpose, to wit, for ---------------------------------------------.

THE SCHEDULE ---------------------------- district, -----------------------------------taluk, ---------------------------village, dry/wet. S.No. ---------------------------- belonging to (1) ------------------------(2)-------------------------------(3) --------------------------------- etc., bounded no the North by S.No.--------------------East -----------------------South by S.No. ---------------------------------- and West by S.No. -------------------------------Total extent:---------------acres”.

*******

185

GOVERNMENT OF ANDHRA PRADESH ABSTRACT Land Acquisition – Capitalization of the Value of garden lands under acquisition – Guidelines for valuation of Orchards in the State – Orders – Issued. -----------------------------------------------------------------------------------------------------------REVENUE (LA) DEPARTMENT G.O. Ms. No.357

1. 2. 3. 4.

Dated: 22-03-2006 Read the following: G.O. G.O. G.O. G.O.

Ms. No. Ms. No. Ms. No. Ms. No.

601, Revenue (LA) Department, dt. 19-6-1992 306, Revenue (LA) Department, dt. 02-05-2001 503, Revenue (LA) Department, dt. 20-7-2001 1807, Revenue (LA) Department, dt. 17-10-2005 ******

ORDER: Government have issued certain guidelines in G.O. 1st read above for computation and payment of compensation for Orchards. In the course of time, and in the light of orders of Supreme Court, dt. 18-1-1995 in C.A. No. 4974-76/85 with C.A. No. 2600/86, it is felt necessar y to review these guide lines. Government accordingly have issued orders in G.O. 2nd read above, read with G.O. 3rd read above, appointing an Expert Committee to go into valuation of all fruit bearing trees and other trees in the State and for reviewing the existing procedure for estimating the value of the lands with Horticulture Crops.

The Committee after examining the prevailing procedure and practices and the methods of valuation followed in various States has submitted its report in respect of fruit bearing trees and other trees.

The report has been examined and considered to refer the matter to the group of Ministers and accordingly the matter was referred to the group of Ministers constituted in G.O. Ms. No. 4724 G.A. (Cabinet) Department, dt. 16-8-2004 read with G.O. Ms. No. 6294, G.A. (Cabinet) Department, dt. 05-11-2004. A meeting of Group of Ministers was held on 17-

186

10-2005, and after going through the report of the Expert Committee it was decided to reconstitute the Expert Committee and to request to present their report in revised comprehensive format. Accordingly, orders were issued in G.O. 4th read above. The said committee has submitted its revised comprehensive report. The report was placed before the Group of Ministers in its Meeting held on 9-1-2006 which accepted the same and in addition, the Group of Ministers decided that apart from the 25 species mentioned in the Expert Committee report, if any, additional items are indicated by the Collectors in future, then these items shall also have to be examined by the Expert Committee and it may make it recommendations to the Group of Ministers for approval of Government. The list of these 25 species are at Annexure – V. Government after careful examination of the report of the Expert Committee and recommendations of Group of Ministers have accepted the report.

Accordingly, in

supersession of all earlier orders issued on the subject, the following orders and guidelines are issued in regard to computation and payment of compensation for Orchards to be observed by the concerned officers as follows:-

1.

The future revision of the valuation of Horticulture crops shall be done once in 10 years

2.

No compensation need be paid for short duration crops as the farmer can harvest the standing crop and deliver the vacant position of the land.

3.

The existing instructions contained in G.O. Ms. No. 601, Revenue (LA) Department, dt. 19-6-1992 shall be continued for fuel wood trees and wood value of fruit bearing trees.

4.

In respect of valuation of other species, Horticulture crops, perennial vegetable crops etc. which are not included in this report, the valuation shall be decided by a committee to be constituted at the district level headed by the District Collector as shown below and the LAOs concerned may address the respective District Collectors in the matter. i.

District Collector

..

Chairman

ii.

Land Acquisition Officer

..

Convenor

187

iii.

t Director, Agriculture

..

Member

iv.

Assistant Director, Horticulture

..

Member

v.

Assistant Director, Sericulture

..

Member

vi.

District Forest Officer

..

Member

vii.

A representative from the Requisitioning Department ..

Member

Scientist available at the Agriculture Research Station in the District, if any

..

Member

Any other member felt necessar y by the Chairman, can be co-opted

..

Member

viii. ix.

I. GUIDELINES FOR VALUATION OF ORCHARDS:

(1)

The Land Acquisition Officers concerned shall determine the Market value of the land with Orchards with due regard to the comparable bonafide sale transactions of a similarly placed Orchards in that locality in recent year, if available, following the guidelines prescribed in the e L.A. Manual of Government of A.P.

(2)

If there have been no such sales, the capitalization method be adopted for valuation of land with Orchards, following the guidelines contained in the L.A. Manual of Government of A.P.

It shall be strictly borne in the mind that while adopting the capitalization method, compensation for the land as well as fruit bearing trees cannot be separately awarded. Further, when the market value is determined on the basis of yield from trees or plantation, 8 years multiplier shall be adopted as per the guidelines of Hon’ble Supreme Court of India.

(3)

If the above two methods are not applicable for any reasons, the Land Acquisition Officers may follow the guidelines indicated in the Annexures appended to this order

188

II.

PROCEDURE FOR VALUATION OF ORCHARDS:

Category ‘A’:(i). Trees belonging to certain variety of a horticulture crop species recommended for that region.

(ii). Recommended Orchard management practices including timely inputs, cultural operations, prescribed spacing etc., should have been observed.

(iii). Trees with healthy growth, good productivity and free from pests and diseases.

Category ‘B’:(i)

Trees belonging to commercial or good local variety recommended for the

region.

(ii)

Orchards with average management practices showing average growth and

productivity which among other reasons could be due to prescribed spacing not being observed, etc.,

Category ‘C’:(i) (ii)

Trees with non-descriptive varieties / seedlings. Trees with poor management practices showing poor growth and productivity.

Pre-bearing or fruit bearing Orchard falling in “A” category depending on the age of Orchard, etc., may be awarded valuation upto a maximum of the values as indicated in Annexure – II or III respectively; Orchard in category ‘B’ awarded upto a maximum of 80% and Orchard categorized under ‘C’ upto a maximum of 60%.

189

The Assistant Director or concerned Officers should personally inspect the garden, count the number of trees and first categories the Orchard following guidelines enunciated above. Before assessing the amounts payable under the category, he should whether recommended

management

practices

like

training,

pruning,

manuring,

irrigation,

deplossoming, plant protection, inter cultivation, etc., are followed or not.

Having thus verified the management practices and categorized the Orchard into one of the above three categories, depending on whether the Orchard is at pre-bearing or fruit bearing stage, valuation may be arrived at as follows: III.

VALUATION OF PRE-BEARING ORCHARDS:

(1)

The category under which the Orchards falls i.e., whether it is category A or B

or C may be identified at the outset.

(2)

The market value of he land alone may be arrived at, on the basis of bonafide

and comparable sales of similarly placed lands, following the guidelines as may be prescribed from time to time.

(3)

Apart from market value of lad so arrived at, an amount upto the maximum of

the total cost of cultivation (being the non-recurring and recurring cost), depending on the age, category of Orchard and the management practices observed may be awarded as compensation:-

(a) The Orchard which falls in category-A may be awarded compensation upto maximum of the cost of cultivation depending on the age of plants as per Annexure – II. (b)

The Orchard falling in category-B may be awarded a maximum upto

80% of the amounts as indicated in Annexure-II depending on the age of the Orchard.

190

(c)

The Orchard falling in category-C may be awarded a maximum upto

60% of the amounts indicated in Annexure – II depending on the age of the Orchard. (4)

As seen from the foregoing paras, pre-bearing Orchard is therefore entitled for

compensation as shown in Annexure-IV(i). IV. PROCEDUR E FOR VALUATION OF FRUIT BEARING ORCHARDS WHERE REMAINING BEARING PERIOD IS MORE THAN GESTATION PERIOD

(I)

Depending on the growth and condition of the Orchard, the category under

which the Orchard falls i.e., whether it is category A or B or C, may be identified at the outset on the basis of the guidelines indicated under para II above.

(ii)

Just as envisaged for pre-bearing Orchard, the market value of the land may be

arrived at, on the basis of bonafide and comparable sales of similarly placed lands following the guidelines that may be prescribed from time to time.

As seen from the foregoing paras the fruit bearing Orchard is therefore entitled for compensation as follows:

Market value of the land + compensation upto the maximum of the total cost of cultivation depending on category of Orchard and management practices observed + net returns from the Orchard for a period equivalent to pre-bearing period depending on category of Orchard + damages equivalent to net returns from the Orchard for a period of one year depending on the category of Orchard.

The compensation for a fruit bearing Orchard may therefore be awarded as per rates shown in Annexure-III as follows:-

191

Market value of land + cost of cultivation upto the maximum amounts indicated in col 6(i) or 6(iii) as the case may be + 7(i) or 7(ii) or 7(iii) as the case may be + 8(i) of 8(ii) or 8(iii) as the case may be of Annexure – III. As shown in Annexure – IV (ii). PROCEDURE FOR VALUATION OF FRUIT BEARING ORCHARDS WHERE REMAINING BEARING PERIOD IS LESS THAN GESTATION PERIOD

Wherever the remaining fruit bearing period is less than the pre-bearing period, the net returns, depending on the category of crop will be restricted to the remaining number of years of bearing period i.e., the compensation payable for such Orchard will be the market value of the land alone + net returns for the remaining fruit bearing period depending on the category of Orchard as shown in Annexure – IV(iii). GUIDELINES FOR VALUATION OF ORCHARDS WHERE MIXED CROP IS RAISED

A)

Pre-bearing Stage:

(1)

For pre-bearing Orchard where two or more perennial horticulture species are

raised in the same garden as intercrop, depending on the condition and the growth, the main crop shall be categorized either under B or C.

(2)

The inter crop shall be categorized as (C).

(3)

Apart from market value of land, damages equivalent to a maximum of the total

cost of cultivation shall be payable for the main crop depending on whether the category is B or C and depending on the age of the plants.

(4)

Where the prescribed spacing is observed for both main and inter-crop, the

proportionate cost of cultivation restricting to the number of trees subject to optimum number for the inter-crop duly classifying it under (C) may be paid as damages.

192

(5)

In case where prescribed spacing is not observed, cost of cultivation will not be

payable for inter-crop.

(6)

If the number of trees are less than the optimum number as prescribed in col. 3

of Annexure – II damages payable towards cost of cultivation, shall be fixed proportionately subject to spacing being observed.

B)

Bearing Stage:

(1)

In a bearing Orchard when two or more perennial horticulture crops are raised

as inter-crop depending on the condition, the growth of the crop and management practices observed, the main crop shall be categorized under B or C.

(2)

Inter-crop shall be categorized as (C).

(3)

Compensation upto a maximum of the total cost of cultivation shall be payable

for the main crop depending on the category (B or C) and depending on the category (B or C) and depending on the management practices observed.

(4)

Depending on the category (B) or (C) under which the main crop is classified

and on the management practices observed, compensation equivalent to the net returns for the gestation period of that crop may be awarded. If he number of trees are less than the optimum number proportionate compensation is payable.

(5)

Where the prescribed spacing is observed for both main and inter-crop the

proportionate net returns (restricting the number of trees subject to optimum number) for the gestation period may be awarded for the inter-crop duly classifying it under (C).

(6)

Where prescribed spacing for either main crop or inter crop are not observed,

the net returns for gestation period for the inter-crop shall not be paid.

193

(7)

Damages equivalent to net returns for one year shall be payable for the main

crop depending on its category (B or C), management practices observed and the proportionate number of trees subject to optimum number.

(8)

If the number of trees is less than the optimum number as prescribed in

Annexure – II, compensation payable towards cost of cultivation, net returns as indicted above shall be fixed proportionately.

(9)

Note: If the number of trees in a Orchard is more than the optimum number

prescribed for either the main crop or the intercrop the total amount payable either towards cost of cultivation or for net returns, etc., shall be restricted to the optimum number indicated in Annexure – II depending on the category of the crop. VALUATION OF SCATTERED OR ISOLATED TREES

(1)

Isolated and scattered trees will not normally be given the recommended

package of practices as prescribed, and they will therefore be treated as under category C and proportionate amounts towards damages be paid on tree basis.

(2)

The entire amount so payable by following the guidelines given under II A or IIB

or IIC as the case may be shall be treated as damages.

Therefore the 12% additional

market value and solatium shall not be awarded on such damages.

(3)

Unlike Orchards no additional amount towards damages may be paid.

Model Example as show in Annexure – IV (iv). NARROW STRIPS OF ORCHARDS:

(I)

Pre-Bearing:

If a part of an Orhard is acquired the proportionate amount

towards damages depending on the number of trees, the age, category and the management

194

practices observed, as indicated under item II-A shall be paid towards the pre-bearing Orchard.

(ii)

For a strip of Orchard at bearing stage depending on number of trees; category

and the management practices observed, the compensation shall be proportionately fixed as indicated in the item II-B or II-C as the case may be.

Wood value: In case of crops like Pomegranate, Guava, Grapes, etc., the wood does not have significant economic value and therefore separate compensation for wood does not arise. Even in case of crops like Mango, Coconut, etc, the crop is not grown for wood, which is only incidental or secondary product. However, since the wood from Mango, Coconut, Jack, Jamun, have some value, the ryots may be allowed to cut and take the wood if the Orchards are going to be removed / submerged.

In the alternative if trees are to be

conserved, wood value at site as determined by the D.F.O., concerned as per prevailing rates may be granted towards damages. Such amount shall carry solatium or additional market value. Fuel Wood value: The fuel wood for the fuel wood trees may be determined y the t Collector and D.F.O. concerned as per the existing procedures, if the total is blow Rs. 50,000/- and by the District Collector where the vlue exceeds Rs. 50,000/GENERAL:

1. Wherever valuation of an orchard under acquisition exceeds Rs. 10,000/- it may be got approved by the District Level Committee under the chairmanship of the District Collector with t Collector as convenor and the t Director of Agriculture and Deputy Director of Horticulture / Assistant Director of Horticulture as . 2. The Collectors / LAOs concerned shall directly address the Commissioner of Horticulture for any clarification if needed.

195

3. The details of cost of cultivation, details of trees per acre and stage of the crop (prebearing or bearing) and compensation for each Horticulture species and details for the total compensation to be paid for each Horticulture species as per the guidelines above are given in Annexure-I, II and III respectively. Annexure – IV gives model examples of calculation by third method. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

Dr. V.P. JAUHARI SPECIAL CHIEF SECRETARY TO GOVERNMENT

To The Special Chief Secretary & Chief Commissioner of Land istration, Hyderabad. All the District Collectors (10 copies each) For distribution among Revenue Divisional Officers / Sub-Collector/Spl. Collectors (LA) etc., The Commissioner of Horticulture, Hyderabad (10 copies) The Commissioner of Sericulture, Hyderabad The Principal Chief Conservator of Forests, Hyderabad The Spl. Collector, Srisailam Project. The Spl. Collector, Nagarjuna Sagar Project The Spl. Collector, Telugu Ganga Project, Nellore All the Departments of Secretariat. SF/SCs.

// FORWARDED :: BY ORDER// SECTION OFFICER

196