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GOVERNMENT OF ANDHRA PRADESH ABSTRACT Land Acquisition--Visakhapatnam District--Acquisition of Land for NTPC.,Project in Devada Village of Peddagantyada Mandal--proposals for payment of ex-gratia of 35%of Rs.,2.25 Lakhs to per acre to the enjoyers/occupiers on Private Inam Lands for an extent of Acs.155.28 cents of Private lands --Fixation of market value as recommended by the State Level Negotiation Committee--Approved--Orders--Issued. ENERGY (PR.IV) DEPARTMENT G. O.Ms.No.79 Read the following:1. From the Collector, Visakhapatnam District letterNo.2806/98/G5, Dated:6-4-2000 addressed to Secretary, Revenue Department. 2.From the Collector, Visakhapatnam Dist.Fax Message Ref.No.Rc./ No.2806/98/G5, Dated:19-5-2000 addressed to CCLA of A.P.Hyd. 3.From Spl.Chief Secy.to Govt.& CCLA.,A.P.Hyderabad Letter No.CCLA's Lr.No.G1/481/2000, Dated:3-6-2000. ORDER: The Special Chief Secretary to Government &Chief Commissioner of Land Administration in the reference 3rd read above hasreported that in the instant case, Acs.155.28 cents of Private lands (Inam-Land) are underacquisition where the title is indispute. The Collector, Visakhapatnam has proposed topass Award under Section 11(1) by adopting Market Value with reference to sale statistics.The amount would be deposited in the Civil Court Under Section 30 and 31 of L.A. Act andwhoever proves his title over the Inam lands will receive the amount of compensationthrough Court. He has also stated.that in the present case, there are enjoyers on the Inamlands where title is in dispute between Inamdars and enjoyers. NTPC.,needs immediatepossession of the land for implementation of the Project. The State Level NegotiationCommittee has fixed Rs.2.25 Lakhs as Market Value of lands which were so far acquired infavor of NTPC., and the requisitioning body has agreed to pay 35% of Rs.2.25 Lakhs even toenjoyers on Inam lands where there is title disputes between original Inamdars and persentenjoyers. As such, the Collector, Visakhapatnam has requested for specific orders of theGovernment for payment of 35% of Rs.2.25 Lakhs even to enjoyers on Private Inam lands asper decision taken in the Meeting held on 6-3-2000 in the Chambers of the Chief Secretary.The NTPC.authorities informed that as along as the amount ofcompensation payable is within Rs.2.25 Lakhs it has no objection to pay such amount evento enjoyers over the Inam lands. 2. He has also stated that the Commissioner LegalAffairs desired that if the title of land is decided in favor of enjoyers of Inam landsthe amount of 35% of Rs.2.25 Lakhs which is worked out to Rs.78,750/- by Collector,Visakhapatnam in his letter 2nd read above that is being paid toenjoyers would be adjusted from the amount that is deposited in the Civil Court at the time of payment, and in case, the titleis decided in favour of Inamdars other than enjoyers such a recovery cannot be affected.
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Dated:27-7-2000

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3. The Special Chief Secretary to Government& CCLA. has requested the Government to communicate orders for payment of 35% ofRs.2.25 Lakhs even to the enjoyers on Private Inam lands subject to condition ofadjustment of the amount from the compensation amount deposited in Civil Court at the timeof Payment where the title is decided in favor of enjoyers. 4. The Government after careful consideration,agree to the proposal of the Collector, Visakhapatnam District for payment of35% of Ex-gratia of State Level Negotiation Committee valuation of Rs.2.25 Lakhs Per acreto the enjoyers/Occupier on Private Inam Lands of the Acs.155.28centsof Private landsunder acquisition in Devada Village in favour of Simhadri Thermal Power Project subject tocondition of adjustment of the amount from the compensation amount deposited in the CivilCourt at the time of Payment where the title is decided in favour of enjoyer , asrecommended by the Special Chief Secretary to Government & Chief Commissioner of LandAdministration of Andhra Pradesh, subject to the conditions laid down in G.O.Ms.No.711,Revenue (Assnt.I) Department, Dated:05-10-1999 and also subject to taking the followingprecautions:i) An undertaking from the occupier/enjoyer inthe shape of an affidavit (duly wetted by Law Department/Legal Experts) to abide by thecondition of repayment of full amount with simple interest and, if required, recovery ofthe amount under A.P.Revenue Recovery Act,1864 if they are not conferred with the RyotwariPatta under the provisions of the A.P.Inams (Abolition and Conversion into Ryotwari)Act,1956 or if their title/ownership is not established. ii) Collector, Visakhapatnam may initiate actionunder A.P. Inams ( A & CR) Act,1956, so that title can be determined as pereligiblity. iii) Collector, Visakhapatnam may initiate LandAcquisition proceedings for acquisition of the above land duly invoking urgency clauseunder section 17 of Land Acquisition Act, if not already done. iv) The ex-gratia amount may be paid only aftertaking an affidavit according consent for the award amount as fixed by the State LevelNegotiations Committee. v) The amount paid as ex-gratia will, of course,be adjusted in the compensation payable or recovered as case may be at the appropriatetime. vi) The share of Inamdars/Wakf land will also bedeposited in the court under Land Acquisition Act.

The District Collector, Visakhapatnam shall takefurther necessary action accordingly and also further action for payment ofcompensation as ex-gratia within a period of 30 days and the said amount shall be paidthrough the Banks and also observe all Statutory formalities as per A.P.District LevelNegotiation Committee Rules, 1992. (BY ORDER AND IN THE NAME OF THE GOVERNOROF ANDHRA PRADESH ) V.S.SAMPATH, PRINCIPAL SECRETARY TO GOVERNMENT.

To The District Collector, Visakhapatnam. The Director(Projects), National Thermal Power

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Corporation Limited, N.T.P.C.,Bhavan, ScopeComplex, Lodhi Road, New Delhi. The General Manager, National Thermal PowerCorporation Limited, Visakhapatnam. The Special Chief Secretary to Government &Chief Commissioner of Land Administration of Andhra Pradesh , Hyderabad. The Executive Director, National Thermal PowerCorporation Limited, Hyderabad. The Director, A.P.TRANSCO.,Ltd., Vidyut Soudha,Hyderabad. The Members of the State Level NegotiationCommittee. The Managing Director, A.P.I.I.C., Hyderabad. The Secretary to Commissioner of Land Revendue,A.P.Hyderabad. Copy to: The Revenue (LA)Department. The Revendue(Assign.I)Department. The Finance & Planning (FW)Department. The Law Department. The P.S. to Minister for Energy. The P.S. to Secretary to C.M. The P.S. to Chief Secretary,, G.A.D. The P.S. to Prl.Secretary to Government, EnergyDepartment. The P.S. to Additional Secretary to Government,Energy Department. The C.No.3432/PR.IV.A2/2000. The Stock File/S.Cs. //FORWARDED :: BY ORDER//

SECTION OFFICER.

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