Académique Documents
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LAND CELL
Background note 3 – 20
1.
Important Instructions 21 – 50
2.
3. District and State level Negotiation Committee Rules 51 - 74
6. Award 83 – 84
9. G.O. Ms. NO. 357 Revenue (LA) Dept., dated 22-3-2006 186 - 252
– Guidelines for valuation of orchards in the State
2
LAND ACQUISITION – IMPORTANT FEATURES
I. PREAMBLE
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 24-09-
1984.
3
Collectors and Courts passed after 30-04-1982 and before 24-
09-1984.
2. DEFINITIONS
2.1 “Land” includes benefits to arise out of land and things attached to the
earth. – Refer Section 3(a)
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).
2.7 “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
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).
3. DELEGATION OF POWERS AND DUTIES TO THE DISTRICT
COLLECTOR
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
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.
5.6 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.
5.9 (i) Civil Court jurisdiction in L.A barred –Refer 1999-6 ALT - Page
122.
(ii) Civil Court not to entertain Suits on L.A. Refer - 2005 – L.A & C.C 557.
6
IV. 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).
6.3 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).
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).
8.3 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).
8.5 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
8.7 After the declaration, Collector to take order for acquisition. (Section 7
of the Act).
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.
9.2 Applies to any waste or arable land. (Explanation under Section 17(1)
of the Act).
9.4 Before taking possession, Collector shall tender payment of 80% of the
compensation to persons interested.
(Section17 (3-A)(a) of the Act).
8
9.6 The question of urgency of an acquisition under Section 17(1) and (4)
is a matter of subjective satisfaction of the Government.
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
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).
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
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.
12.8 Separate awards for different interests in the same land not to be
passed. LAO to pass award for a particular land extinguishing all
10
interests of a person in the land to get absolute title free from all
encumbrances.
12.12 Provision made for passing consent awards as per the agreement with
the persons interested. (Section 11(2) of the Act).
11
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.
12.20 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.
12.23 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
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.
13
13. Matters to be neglected in determining compensation :-
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
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.
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.
16.1 (a) MRO to enter changes in Mandal Account No.7 and also in 8-A, if
new fields are formed.
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.
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).
15
19.2 Application to be made within six weeks in case the person is present at the
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.
19.10 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 passed 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.
(ii) Award should have been made by Court after Section 28-A came
into force.
17
(vi) 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.31-12-
1990.
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).
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).
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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).
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. 9-5-
2005, constituted State Level Monitoring Committee under the Chairmanship
of the Principal Secretary, Revenue for reviewing and monitoring progress of
implementation of the scheme.
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28.5 Officer not below the rank of Joint Collector to be appointed by Government
as Administrator 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.
*****
20
PROFILE OF LAND ACQUISITION UNIT
5. Purpose of Acquisition :
6. Provision of Funds :
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.
22
24. Date of publication of Notification :
under Section 13 of A.P. Survey &
Boundaries Act in Gazette
** As soon as LAO assumes charge, he must verify 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.
· 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.
· 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.
· 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 to be passed within two years from the date of publication of D.D.
U/S 6, excluding the period covered by Court stay, if any.
· 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.
· 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.
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· Section 12(2) notice to be served on all persons interested as are not present,
when award made.
· In other cases within two months from the date of service of Section 12(2)
notice.
* * * * * *
25
GOVERNM ENT 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.
------------------------------------------------------------------------------------------------------------
ORDER
AMENDMENT
“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”.
G.SUDHIR
Secretary to Government.
*******
26
CIRCULAR INSTRUCTION UNDER SEC. 11-A OF L.A. ACT
GOVERNMENT OF ANDHR A PRADESH
*******
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 passed 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 Sub-
section (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 pass award basing on the notification issued in 1989, without
issuance of fresh notification. Thereafter the Government Pleader advised the
Collector concerned to pass 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 pass award basing on the earlier notification, without
issuance of any fresh notification.
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:
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:
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-passing of award within the stipulated time under Sec. 11-A the Land
Acquisition proceedings will not lapse and award can be passed basing on the first
notification even after issuance of fresh notifications which are to be held as “non-
est” 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 passing the award as otherwise interest is payable from the date of taking
possession of land which will be an avoidable burden of the Government.
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 ANDHR A PRADESH
REVENUE (LA) DEPARTMENT
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.
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) Possessi on 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) Possessi on 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
publication of the notice under sub-section (1) of section 9 of the said
Act, though no award has been made.
(c) The Land Acquisition officers shall have to refrain from taking
possession of the land in any other manner contary to the above
provisions.
(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.
G. SUDHIR
SECRETARY TO GOVERNME NT
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 Administration,
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
GOVERNM ENT OF ANDHRA PRADESH
REVENUE (LA) DEPARTMENT
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 Administration,
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
TWO THOUSAND
PRESENT:
Between:
1. Bantharam Bichappa
2. Shivarampuram Osman Saaheb
3. Shivarampuram Khaja Saaheb .. Petitioners
4. Bicchapu Sangaiah
and
1. The District Collector, R.R. District
2. Revenue Divisional Officer-cum-
Land Acquisition Officer, Vikarabad, R.R. District.
3. Executive Engineer, Minor Irrigation Department,
R.R. District, At Red Hills, Nampally, Hyderabad.
.. Respond ents
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, admeasuring 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.
33
BILAL NAZKI. J
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 admeasuring 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 terms 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 passed 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 pass
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 passed 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.
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
GOVERNM ENT OF ANDHRA PRADESH
REVENUE (la) DEPARTMENT
******
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) Joint 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 account 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.
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
safeguard ed.
G. SUDHIR
SCRETARY TO GOVERNM ENT
To
The Special Chief Secretary & Chief
Commissioner of Land Administration,
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 Administration,
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
SECTION OFFICER
37
GOVERNMENT OF ANDHR A PRADESH
REVENUE (LA) DEPARTMENT
*******
In the reference 1st cited the Special Chief Secretary and Chief Commissioner
of Land Administration, 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
passing 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 terms 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 terms 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 interms 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.
(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.
39
(iv) 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.
(v) 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.
(vi) Where the decree is couched in general terms 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 pre-
existing benefits. Interest has always been required to be paid and is
not a benefit under the amended Act.
PRIYADARASHIDASH
PRINCIPAL SECRETARY TO GOVERNMENT
To
The Special Chief Secretary and Chief Commissioner of land Administration, 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 Administrator, Government Pleaders office, High Court of Andhra Pradesh
Hyderabad.
All the Assistant Government Pleader in the State (Through Administrator Govt.
Pleaders office, HC of AP Hyd.)
Copy to the Law Department.
Copy to the Stock file/Spare copy.
// FORWARDED BY ORDERS //
40
No. A3/3425/02 Dated: 25-11-2002
41
GOVERNMENT OF ANDHR A PRADESH
REVENUE (LA) DEPARTMENT
Memo No: 44753/LA(A2)2007-/ Dt 26-10-2007
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 passing 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 GOVERNM ENT
42
GOVERNMENT OF ANDHR A PRADESH
ABSTRACT
Land Acquisition – The Land Acquisition Act, 1894 – Policy on land Acquisition –
Issued.
------------------------------------------------------------------------------------------------------------
REVENUE (L.A) DEPARTMENT
ORDER:
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”.
44
GOVERNMENT OF ANDHR A PRADESH
IRRIGATION & CAD (Projects Wing) DEPARTMENT
******
In reference 2nd cited above, Government have issued instructions to send all
advertisement in respect of DN & DD Publications and other advertisements 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
advertisements 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 advertisements, it is decided that the District
Collectors and Special Collectors of Land Acquisition shall send all these
advertisements 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.
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.
Accountant General of AP
The Pay & Accounts Officer,
The Director of Works & Accounts, 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
--------------------------
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.
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 (registered 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.
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 registered 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
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
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 Joint 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 joint 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 registered post to the last known residence addressor place of business.
AIR 1945 Bom 49.
15. A Joint 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.
50
ANDHRA PRADESH RAJAPATRAM
RULES SUPPLEMENT TO PART - I
EXTRAORDINAR Y
OE
THE ANDHRA PRADESH GAZETTE
PUBLISHED BY AUTHORITY
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NO 45] HYDERABAD, MONDAY, OCTOBER 26, 1992.
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NOTIFICATIONS BY GOVERNMENT
REVENUE DEPARTMENT
(L.A.)
RULES
1. Short title, extent and Commencement. – (1) These rules may be called the
Andhra Pradesh Land Acquisition (Negotiation Committee) Rule 1992. G-
504-1.
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.
51
1. The District Collector of the Concerned District .. Chairman
(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.
(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
registered 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.
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.
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.
53
· The negotiation Committee shall receive further statements of claims in
writing that may be submitted to the Committee.
· 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.
· The increase from 1% to 20% shall depend upon merits of each case.
54
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.
(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.
16. After negotiated settlement the consent award shall be passed 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 passed under these rules shall
not be applicable to the other similar cases.
18. Nothing in these rules prevent the Land Acquisition officer from passing
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
55
FORM – I
(Sec Rule 5)
FORM – II
To
The –
(Requisitioning Department)
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
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:
(b) Where the land/lands re held by the interested party / Parties under the
owners named herein above with respective terms 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 registered 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.
58
ANDHRA PRADESH RAJAPATRAM
RULES SUPPLEMENT TO PART - I
EXTRAORDINAR Y
OE
THE ANDHRA PRADESH GAZETTE
PUBLISHED BY AUTHORITY
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NO 34] HYDERABAD, MONDAY, DECEMBER 20, 1993.
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NOTIFICATIONS BY GOVERNMENT
REVENUE DEPARTMENT
(L.A.)
AMENDMENTS
2. In rule 10
4. in clause (ix) the words occurring and shall be authored by name of Judicial
Department also shall be omitted.
59
ANDHRA PRADESH RAJAPATRAM
RULES SUPPLEMENT TO PART – I
EXTRAORDINAR Y
OE
THE ANDHRA PRADESH GAZETTE
PUBLISHED BY AUTHORITY
NO 28] HYDERABAD, THURSDAY, JUNE 22, 1995.
NOTIFICATIONS BY GOVERNMENT
REVENUE DEPARTMENT
(L.A.)
AMENDMENTS
1. In sub-rules (xiv) and (xv) of rule 10, for the figure 20% the figure 50% ,
shall be substituted;
A. CHENGAPP A,
Secretary to Government.
60
ANDHRA PRADESH RAJAPATRAM
RULES SUPPLEMENT TO PART – I
EXTRAORDINAR Y
OE
THE ANDHRA PRADESH GAZETTE
PUBLISHED BY AUTHORITY
NO 26] HYDERABAD, MONDAY, AUGUST 10, 1998.
NOTIFICATIONS BY GOVERNMENT
REVENUE DEPARTMENT
(L.A.)
AMENDMENT TO RULES RELATING TO ANDHRA PRADESH
LAND ACQUISITION NEGOTIATION COMMITTEE
61
5. In rule 6:-
“(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”.
“(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 pass the consent award through the Negotiation
Committee”.
7. For clause (vii) of rule 10, the following clause shall be substituted, namely:-
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 …………………………………………
63
ANDHRA PRADESH RAJAPATRAM
RULES SUPPLEMENT TO PART - I
EXTRAORDINAR Y
OE
THE ANDHRA PRADESH GAZETTE
PUBLISHED BY AUTHORITY
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NO 49] HYDERABAD, TUESDAY, SEPTEMBER 4, 2001.
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NOTIFICATIONS BY GOVERNMENT
*******
REVENUE DEPARTMENT
(L.A.)
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
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.)
[1]
AMENDMENT
K.C. MISRA,
Special Chief Secretary to Government
65
AMENDMENT TO ANDHRA PRADESH LAND ACQUISITION
(NEGOTIATION COMMITTEE) RULES, 1992 AMENDMENT.
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.
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NOTIFICATIONS BY GOVERNMENT
******
REVENUE DEPARTMENT
(L.A.)
[ G.O. Ms. No. 431, Revenue (L.A. -2), 18th June, 1998. ]
RULES
(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.
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;
(3) The quorum for the final meeting shall consist of all official members of the
committee and all the members shall be present in person and no nominee is
permitted.
(i) The Chairman may preside or authorize any other senor member to
preside over the meetings of the committee, except the final meting.
(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:
(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;
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:
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 passed 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
passing 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.
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.
(1) The State Committee may at any time summon and enforce
attendance and examine any officer or interested person; and
70
FORM
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 passing 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
O R D E R:
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.
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
accounts. Without reference to or the intervention of the Revenue Divisional Officers
concerned:-
(b) The Special officer may make payments of the compensation amount
while camping in the village immediately after closing the award
enquiry and passing the award.
(c) The Special Officer may carry out the changes in the village and the
taluk accounts 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
accounts 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 registers.
(iii) The entry of the changes in the diglot register should follow the form of
the diglot register, 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 passing of the award without waiting till the changes are
incorporated in the maintained set of maps and in the village and the
taluk accounts.
(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
GOVERNM ENT OF ANDHRA PRADESH
ABSTRACT
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 compassionate 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 terms 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.
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
GOVERNM ENT OF ANDHRA PRADESH
ABSTRACT
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 compassionate
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.
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.
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.
M. NARAYANA RAO
Secretary to Government
To
All Collectors etc.,
78
GOVERNM ENT OF ANDHRA PRADESH
REVENUE (ASN. 1) DEPARTMENT
*******
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 terms 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.
“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 passed
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
passed 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.
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
GOVERNM ENT OF ANDHRA PRADESH
ABSTRACT
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.
81
allottees of surplus ceiling lands whose livelihood is getting affected due to
resumption of their lands for irrigation Projects.
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.
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.
SURESH CHANDA
SECRETARY TO GOVERNME NT
82
AWARD AND AWARD PROCEEDINGS – INGREDIENTS
· Award to be in Form – 8
Market Value of the lands (Refer Section 23, read with Section 15) – to be in a
very detailed manner consisting of -
· Details of all registered sales took place during the crucial period, with dates
of inspection of the lands.
· 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.
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)
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 registered 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.
84
GOVERNM ENT OF ANDHRA PRADESH
ABSTRACT
G.O.Ms.No.370 Dated:-16-4-1993.
Read the following:-
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”.
P. NARAYANA RAO
SECRETARY TO GOVERNME NT.
86
GOVERNM ENT 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.
----- ----------------- ------------------------ ----- ---------
G.O.Rt.No.146 Dated:-8-2-2001.
Read the following:-
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.
K. G. SHANKAR
SECRETARY TO GOVERNME NT,
LEGAL AFFAIRS
88
GOVERNM ENT OF ANDHRA PRADESH
ABSTRACT
G.O.Rt.No.34 Dated:-08-03-2004.
Read the following:-
****
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 Administration 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 account 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.
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.
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.
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. Necessar y addendum shall be issued to the orders issued in the G.Os 1st
and 2nd read above by the Revenue (LA) Department.
C.V.S.K.SARMA
PRINCIPAL SECRETARY TO GOVERNMENT
To
All the District Collectors in the State.
92
GOVERNMENT OF ANDHR A PRADESH
IRRIGATION & C.A.D (PROJECTS WING.TGP.II.A2) DEPARTMENT
****
2. The above Committee has been, interalia, mainly entrusted with the task of
considering and deciding -
93
4. The Joint Collectors/Spl. Collectors are requested to ensure that the above
guidelines are followed scrupulously while implementing the orders issued in the
G.O. cited.
To
All the Special Collectors in the State
All the Joint Collectors in the State
All the Land Acquisition Officers in the State through the Collectors/Spl.Collectors.
The Special Secretary & Chief Commissioner of Land Administration, 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.
****
1.1 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 :
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.
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.
96
ii) Copy of Appeal filed.
On receipt of proposals from the Land Acquisition Officer concerned the Joint
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 register, a model proforma of which is appended at Annexure VI.
Thereafter the following steps shall be taken.
ii) To fix up a date, time and venue for conducting the meeting and to
communicate the same to the members 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.
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.
5.1 The Committee shall examine the proposals of the Land Acquisition Officer
particularly on the following aspects :
5.2 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 Joint Collector /
Special Collector for according administrative sanction along with check memo and
calculation sheet prescribed in Annexure I & II specifying the decision of the
Committee therein. The Joint Collector/Special Collector after thorough verification
of calculations as per the language in the decree and Judgment may accord
administrative 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.
6.1 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 administrative 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. Registers to be maintained :
a) Minutes book of the meetings of the District Level Land Acquisition Monitoring
Committee (vide Annexure VII)
b) Register 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
register shall be submitted to the Government in I&CAD Dept., every month
by 10 th of the succeeding month.
(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.,
9. 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
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%.
***
R. C. No.
Dated:
2. Name of Project/Scheme :
3. Purpose of Acquisition :
d. Extent: d. Extent:
103
6. Market value fixed by L.A.O vis-à-vis Lower Court.
c. Total
104
12. Date of final disposal of appeal in the
High Court.
105
ANNEXURE – II
PART – I
A) Basic Data:
(i) Designation of the Reference court - O.P. No. and date of Judgment
B) Crucial data:-
(iii) Solatium
(v) Total
106
D) Amount paid as per LAOs award:
iii) Solatium
iv) Total
v) interest, if any
i) Market Value
ii) Solatium
iv) Total
v) interest, if any
107
PART – II
(To be filled up in cases where High court has passed interim orders)
P A R T – III
c) Total Rs………………… ..
108
PART - IV
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
(Variety Wise)
2. Reach No.
4 Date of 4(1)
Notification
5. Date of taking
possession
7. A.S. No.
110
Amount awarded by Lower Court
SL. Name of L.A..P. Surve Extent of Classifi Market Solatium Addl. Interest Grand
No. the No. y No. land cation. Value Market Total
awardee/ including Value
claimant structures,
trees, etc.,
9% 15% Total
1 2 3 4 5 6 7 8 9 10 11 12 13
112
ANNEXURE – III
Proposals in respect of cases where High Court passed 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.
***
Dated:
2. Name of Project/Scheme :
3. Purpose of Acquisition :
d. Extent: d. Extent:
c. Total
114
11. Opinion of the Government Pleader of High Court
/Advocate General
115
ANNEDURE – IV
PART – I
A) Basic Data:
(i) Designation of the Reference court - O.P. No. and date of Judgment
B) Crucial data:-
(ix) Solatium
(xi) Total
116
D) Amount paid as per LAOs award:
iii) Solatium
iv) Total
v) interest, if any
i) Market Value
ii) Solatium
iv) Total
v) interest, if any
117
PART – II
(To be filled up in cases where High court has passed interim orders)
118
Enclosure to Annexure IV
Wise)
2. Reach No.
4 Date of 4(1)
Notification
5. Date of taking
possession
7. A.S. No.
119
Amount awarded by Lower Court
SL. Name of L.A. Survey Extent of land Classification. Market Solatium Addl. Interest Grand
No. the O.P. No. No. including Value Market Total
awardee/cl structures, Value
aimant trees, etc.,
9% 15% Total
1 2 3 4 5 6 7 8 9 10 11 12 13
120
ANNEXURE–V
Register showing the details of proposals in respect of the L.A. court cases relating to the I&CAD Department where the enhancement
ordered is above 50% and below 100% over the award of the L.A.Os submitted for consideration by the District level land Acquisition
Monitoring Committee of District.
Sl. Designation Ref. No. Name of Nam of Award Extent Rate per Amount Designatio O.P. No.
No. of the LAO of LAO the the No. & acquired acre awarded n of the and date
& date of Project/ Village date awarded incl. of all Court
receipt of Scheme & benefits
proposals Mandal
1 2 3 4 5 6 7 8 9 10 11
Rate per Amount Percentage Date of Grounds High Court Opinion Opinion of the
acre awarded of obtaining for A.S. Whether Gist or of the LAO
awarded by Court enhancement C. Cs. of filling No. & interim order G.P.
by Court including Judgment appeal if Date order or concerned
all and any (in of final
benefits decree brief) order order
12 13 14 15 16 17 18 19 20 21
121
A N N E X U R E – VI
Register showing the details of proposals in respect of the L.A. court cases relating to the I&CAD Department where the enhancement
ordered is above 50% and below 100% over the award of the L.A.Os submitted for consideration by the District level land Acquisition
Monitoring Committee of District.
Sl. Current Designation Ref. No. Name Nam of Award Extent Rate per Amount No. of Designatio
No. No. of the of the LAO of LAO of the the No. & acquired acre awarded awardees n of the
Chairman & date Project/ Village & date awarded incl. of all Court
of Scheme Mandal benefits
receipt
of
proposal
1 2 3 4 5 6 7 8 9 10 11 12
O.P. No. No. of Date of Amount Percentage Future liability on account of Grounds for
& date claimants obtaining enhanced of Sec. 18 ref. Sec. 28-A filing appeal.
C.Cs of by Court enhancement No. If any. (in
Probable No. Probable
judgment & including brief)
amount amount
decree all
benefits
13 14 15 16 17 18 19 20 21 22
122
A N N E X U R E – VII
Minutes of the District Level land Acquisition Monitoring Committee Meting of District
1. Date of meeting
2. Venue
Sl. Current No. & Collector’s officer file No. Project/Scheme Mandal/Village
No. Date of Ref. of
LAO
1 2 3 4 5
6 7 8 9 10 11 12 13
123
A N N E X U R E – VIII
From
Smt/Sri
Joint Collector & Chairman
District Level land Acquisition
Monitoring Committee
District.
To
The L.A.O. (R.D.O./S.D.C./ Spl. Tahsildar).
Sir,
-x-
A 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.
Encl: One,
124
A N N E X U R E – IX
Register 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.
Disposal Balance
Decided to sanction Decided to file appeal Total
decretal charges
No. Amount No. Amount No. Amount No. Amount
involved Involved Involved Involved
10 11 12 13 14 15 16 17
125
ANNEXURE-X
Certain salient features of land Acquisition Act & Land Acquisition Court cases at a glance.
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 Can the Award be passed without prior approval of draft award by competent
authority ?
Vide G.O. Ms. No. 1843 Rev. (K) Department Dt. 13-12-1984 all District Collectors,
Joint Collectors, Special Collectors, (L.A.) authorized to accord approval to draft awards.
Within a period of two years from the date of publication of D.d. U/s 6.
Refer Sec. 11-A.
126
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 different awards be passed for different interests in the same land ?
Separate awards for different interest, in the same land not to be passed.
L.A.O. to pass 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.
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))
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.
Notice of award issued by LAO to persons interested who arenot present when the
award is made.
127
Sum of 30% as defined in Section 23 (2)
Interest in the cases where advance possession of the land / structures was taken.
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.
Ø What is solatium ?
Sum of 12% per annum, on market value for the period from the date of publication of
4 (1)
128
notification to the date of award or date of taking possession of land whichever is
earlier.
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
ii) Amount payable on enhanced compensation awarded by the Court from the date of
compensation.
Ø What are the prerequisites for a claim petition under Section – 18?
a) Six weeks from the date of LAOs award, if the person interested is present at the time
of passing award
129
b) In other cases within two months from the date of service fo section 12 (2) notice.
extended.)
1 MLJ 27)
Reference U/s 18 (1) to be made to Reference court under Section 19 (1) and (2)
complied with.
Ø What is a Judgment?
Ø What is a decree?
130
Ø What is meant by a Judgment – Debtor?
made.
Ø What is the course of action after section 18 reference is made to Court and
L.A.O to adduce proper evidence both oral and documentary in the Court and defend
Ø Can the Reference Court award compensation less than the amount of
Ø What is the course of action after reference Court delivers Judgment and decree?
131
Otherwise to take action for Sanction of decretal charges without giving scope for
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
Within 90 days from the date of decree or order of the Reference Court.
references?
An order passed by the High court/Supreme Court granting stay of Lower court’s order
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
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.
132
Ø What is the further action to be taken after receipt of High Court’s judgment and
decree?
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
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.
Ø What is an E.P.?
Application filed by the decree holder before the court for execution of decree
Yes. For attachment of both movable and immovable property of Judgment – debtor.
133
Ø Whether stay of execution of court order can be obtained?
Yes.
It is willful disobedience of any judgment, decree direction, order, writ or other process
of a
No Court to initiate contempt proceedings after expiry of one year from the date of
commitment of contempt.
Simple imprisonment for a term up to six months or with fine up to Rs. 2,000/- or with
both
Court.
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.
134
Ø What are the ingredients required for preferring a petition U/a 28-A?
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).
vi) Section 28-A applies to only civil court order in O.P. does not apply to order
Ø Whether Section 28-A application can be filed even when the amount of
compensation was received without protest?
Yes.
Ø Should the L.A.O. simply follow the Judgment of the civil court in passing the
award U/s
28-a (2)?
No. Enquiry to be conducted and an award made by determining the amount of
compensation, taking into account the proximity, potentiality and utility of land.
135
GOVERNM ENT OF ANDHRA PRADESH
ABSTRACT
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 respondent s 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 account
of interest.
136
use. Further this represents over centralization in terms 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 administrative 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.
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.
137
GOVERNM ENT OF ANDHRA PRADESH
IRRIGATION AND CAD DEPARTMENT
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 GOVERNME NT
To
All the district collectors in the State.
All the Spl. Collectors in State, SLSP, Tarnaka
All the Joint 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.
138
GOVERNM ENT 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
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
139
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 account 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. Necessar y amendments will be issued to the orders issued in the G.O. first read
above by the Revenue (Land Acquisition) department.
SURESH CHANDA
SECRETARY TO GOVERNME NT (PROJECTS)
To
140
All the District Collectors in the State.
All the Special Collectors in the State
All the joint Collectors in the State.
All the LAOs in the State through the Collectors/Special Collectors.
The special chief secretary & chief commissioner of Land Administration
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
141
GOVERNM ENT OF ANDHRA PRADESH
FINANCE (WORKS & PROJECT S) DEPARTMENT
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.
iii) The Present procedure for drawl funds will continue.
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 Accounts, Hyderabad.
All JDWAS, PAOs/APAOs
Copy to Accounts 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
142
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.
143
GOVERNM ENT OF ANDHRA PRADESH
IRRIGAION & CAD DEPARTMENT
*****
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 terms 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.
144
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
account. Other alternative is to re-appropriate from other head of account 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 irr@ap.gov.in.
SURESH CHANDA
SECRETARY TO GOVERNME NT
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
Joint Secretary, Irrigation for information
All LA sections in Secretariat for information.
/ / FORWARDED BY ORDER / /
SECTION OFFICER.
145
GOVERNM ENT OF ANDHRA PRADESH
IRRIGATION & CAD DEPARTMENT
*****
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. The
balance would be towards interest. 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
146
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:
147
Decretal Charges Calculation
On Date 10/07/1980
Award Date 23/09/1986 Possession date 23/09/1986
Part Payment Date 22/09/1988 Balance Payment Date 22/09/1989
148
Decretal Charges Calculation
SOLATIUM on 1462.5
√ √ √ √ √
Interest Calculation on
SOLATIUM ADDITIONAL
√ √ √ √ VALUE
9% Interest 897.24
149
Decretal Charges Calculation
150
Decretal Charges Calculation
151
Decretal Charges Calculation
152
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 Register 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
Certificate
1. Demarcation:-That the site was peg marked on the ground and the demarcation
approved by a responsible officer.
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:
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
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);
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. **
155
FORM 2-B
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 23 rd 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; *,
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 **
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.
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 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 support of their objections.
157
SCHEDULE
Survey Number Description Extent required Reputed owner
__________________________________________________________________ __
____________________________________________________________________
158
RULES AND FORMS
FORM 4
Preliminary valuation statement
Description dry or
Whether ryotwari
Land is required
Number of field
Assessment or
requiring land
Department
Boundaries
Village
rental
Taluk
Area
(1) (2) (3) (4) (5) (6) (7) Wet (8) (9) (10)
………………………………………………………………………………………………… .
Estimated Value of
……………………
Fifteen per cent addition
allowable under Sec.23
other data on which the
estimate of the value of
Selling price of similar
land in the vicinity or
Total Compensation
Name of Owner of
Remarks
Payable
House
Trees
Wells
Land
Total
(11) (12) (13) (14) (15) (16) (17) (18) (19) (20)
159
FORM 5 - A
Acquisition for purposes of the State
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
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 23 rd 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
THE SCHEDULE
161
FORM 5 – C
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
162
FORM 5 – D
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
Inam ayan
Assessment
Remarks
Field No
zamin-
Village
Extent
Taluk
Wet
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. 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.
165
FORM – 7
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 co-
proprietor, sub-proprietor or mortgage, tenant or otherwise the nature of such interest and
the rents and profits (if any) received or receivable on account of it for three years next
preceding the date of the statement.
Inam ayan
Assessment
Remarks
Field No
zamin-
Village
Extent
Taluk
Wet
Acs. Rs. P.
166
----------------------------------------------------------------------------------------------------------------------
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.
167
FORM 8
168
(b) Valuation on account of buildings, wells,
crops, trees, etc.,
169
Office of the Special Deputy Collector (L.A)
………………………… .. Project
…............................. District
Take Notice that the Award with the following particulars has been passed 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 ,
…………………………… ..
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) passport size photos.
Copy to the Mandal Revenue Officer , ……………… Mandal. He/She is directed to depute
the village Revenue Officer, concerned along with Village Accounts on the day fixed for
disbursement of cheques to the awardees
170
FORM 10
No………………………………………………………………………………………… ...
………………………………………………………………………… ..…………OFFICE
………………………………………………………………………………………… ..19
from
To
SIR
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,
171
FORM 12
….……………………………………………………………………………………………………… .
………………………………………………………………………………………………………… .
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 Register No. the
sanctioned
estimate
…………………………………………………………………………………………………………… .
…………………………………………………………………………………………………………….
172
FORM 13
Return of lands acquired under the Land Acquisition Act (to be forwarded to the Registration Department )
Name and Date Names of Name of Name and description of property acquired Classification Houses, building trees
designation of the sub- the Land Boundaries Extnt of lands as or hills, if any situated
of the Award district if any Survey No. North East South West Government or on the land & their
officer who and or sub- Inam or description, name of
made the village number or zamindari land the street and door
award letter or as wet, dry or number being given in
pamash garden the case of house
number property
1 2 3-a 3-b 3-c 3-d 3–f 3–g 3-h 3–i 3-j
Nature of the interest in immoveable property Name and description of person to whom the property belonged
Natuere of The The nature of Amount or Name Father’s name in he Name and
interest in purpose for compensation value of including case of males, and the description
immoveable which the awarded compensation rank and husband’s name in the of the
property transfer was awarded title case of females, when person to
Profession
Residence
transferred made a person is usually whom the
Remarks
described as the son of property has
Caste
his mother, then his been
mother’s name transferred
4–a 4 –b 4–c 4–d 5–a 5–b 5-c 5-d 5-e 5-f 6
Note:- A copy of this return should be sent to every Sub-Registar in whose sub -district any por tion of the pr operty referred
to in the awar d is situated
173
Name of the land if any
(1-a)
village
sub-district
Survey number or sub-number or letter or
Name of the
(1-b)
paimash number
h h
(1-f)
nt
Nort East Sout West Exte
(1-g) (1-h)
or Zamindari, wet, dry or garden)
Houses, buildings, trees or hills, if any
(1-i)
Name and description of property granted in exchange Boundaries
174
name of street and door number in the
FORM 15
where a person is
Residence
(4-c)
Profession
(4-d) e
Remarks
5
------------------------------------------------------------------------------------------------------------------------------------------------------------------
Caste
Specification of the Land
------------------------------------------------------------------------------------------------------------
Assessment
e or any
number
District
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.
Form – 16
------------------------------------------------------------------------------------------------------------
From whom Date of Date of abstract of Remarks
Statement receipt statement
------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------------
175
FORM 19
------------------------------------------------------------------------------------------------------------------------------------------------------------------
Serial Date of Department Purpose of Date of Date of the Number Date of the Date Serial Date of Date of
No. requisition from which acquisition submission publication and date of publication of the No. and taking completion
the of of the the letter in the award date of possession of
requisition notification notification submitting official the proceedings
has been under in the the draft gazette of award & closing
received S 4(1) official declaration the statement of the file
gazette under declaration
Section 6. under
Sec.6
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)
------------------------------------------------------------------------------------------------------------------------------------------------------------------
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 separate current number,
which should be entered within brackets in this column.
176
FORM 20
……………………………………………………………………………………………………… ...
declaration under Section
notification under Section
application. If remarks
abnormal delay at any
stage from the date of
Remarks or causes of
Date of publication o f
Date of Publication of
Date of application
columns (5) —(
Subject in brief
Date of Award
Serial number
acquisition
4 (1)
………………………………………………………………………………………………… ..
B.P. press, 10, dt. 25-5-44
177
FORM 21
Questions
Answer
1. Number and name of the village and
name of the taluk.
178
11. 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
Registered Sub-divisions require
technical scrutiny. They should also bear
the certificate of demarcation referred to
in Question 11 (eleven).
179
18. Does the Land Acquisition file contain
extracts from the village and taluk A-
registers of the village?
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.
181
34. Whether the survey records sent to the
circle Officer of District Survey or after
the incorporation of changes in the
village, accounts 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
register?
G.O. Ms. 2813, Rev., dt. 31-10-38. B.P. Press, 25, dt. 20-3-39.
G.O. Ms. 26, Rev., dt. 17-1-44. B.P. Press, 4, dt. 3-2-44.
G.O. Ms.1727, Rev., dt. 24-9-37. B.P. dt. 14-9-37.
G.O. Ms. 135, Rev., dt. 20-1-31. B.P. Mis, 238, dt. 24-1-31.
G.O. Ms. 524, Rev., dt. 17-3-34. B.P. 58, dt. 30-4-34.
G.O. Ms. 2057, Rev., dt. 1-7-55. B.P. 160 Press, dt. 28-11-35.
G.O. Ms. 664, Rev., dt. 29-4-45. B.P. Press, 22, dt. 18-7-45.
G.O. Ms. 2065, Rev., dt. 17-5-57. B.P. Press, dt. 7-3-47.
G.O. 1788, Press., dt. 27-4-57. B.P. 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
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
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”.
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
*******
185
GOVERNM ENT 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.
------------------------------------------------------------------------------------------------------------
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
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iii. Joint 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
viii. Scientist available at the Agriculture
Research Station in the District, if any .. Member
ix. Any other member felt necessar y by the
Chairman, can be co-opted .. Member
(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
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II. PROCEDURE FOR VALUATION OF ORCHARDS:
Category ‘A’:-
(i). Trees belonging to certain variety of a horticulture crop species recommended for
that region.
(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’:-
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%.
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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 verify 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:
(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.
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(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).
(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:-
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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).
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).
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.
(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.
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(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.
(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.
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(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.
(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.
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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 Joint
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 Joint Collector as convenor and the Joint Director of Agriculture and Deputy Director of
Horticulture / Assistant Director of Horticulture as members.
2. The Collectors / LAOs concerned shall directly address the Commissioner of Horticulture
for any clarification if needed.
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3. The details of cost of cultivation, details of trees per acre and stage of the crop (pre-
bearing 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.
To
The Special Chief Secretary &
Chief Commissioner of Land Administration, 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
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