Professional Documents
Culture Documents
Landacquisition Act 1894
Landacquisition Act 1894
LAND CELL
AMR-A.P. ACADEMY OF RURAL DEVELOPMENT
Rajendranagar, Hyderabad 30
Ph. No. (040) 24016472, 24015959, 24015337 Ext. 189
Land Cell Tele Fax 24016472
INDEX
Sl. No.
Item
Page No.
Background note
3 20
Important Instructions
21 50
2.
3.
51 - 74
5.
75 - 82
6.
Award
83 84
7.
Decretal Charges
85 -152
8.
Forms
153 185
9.
186 - 252
1.
PREAMBLE
1.1
1.2
1.3
Acquisition by the State does not infringe any of the rights conferred by
Article 14 or 19 of the Constitution of India.
(Equality before Law and right to freedom)
1.4
L.A. (Amendment) Act, 1984 came into force with effect from
1984.
24-09-
1.5
30-04-
1.6
ii)
2.
DEFINITIONS
2.1
Land includes benefits to arise out of land and things attached to the
earth. Refer Section 3(a)
2.2
2.3
2.4
2.5
2.6
2.7
3.
II.
PRELIMINARY PROCEEDINGS
4.1
4.2
4.3
III.
5.
5.1
Meant for information of the people concerned and shows the intention
of the Government to acquire a particular land.
5.2
Also empowers the authorised officers etc., to enter upon the land and
conduct survey etc.,
5.3
5.4
5.5
5.7
The Notification has to be issued in Form 2-A for the purpose of State
and in Form 2-B for the purpose of the Union. It serves a two fold
purpose. One is to decide whether the land is needed for a public
purpose. The other one is to give an opportunity to persons interested
to put forward their view that the land is not required for a public
purpose. There shall not be any delay at Draft Notification stage to
avoid escalation in the market value.
5.8
Page
(ii) Civil Court not to entertain Suits on L.A. Refer - 2005 L.A & C.C 557.
(iii)Questioning 4(1) Notification before Civil Court barred Refer 1995S.C 1955.
5.10
IV.
7.
8.
6.1
Enquiry U/S 5-A : Any person interested may, within thirty days of
causing public notice U/S 4(1), object to the acquisition of land.
(Section 5-A(1)of the Act).
6.2
6.3
6.4
7.2
8.2
8.3
8.4
8.5
8.6
9.
8.7
8.8
8.9
The Declaration shall be issued in Form 5-A for the purposes of the
State, in Form 5-B for the purposes of the Union and in Form 5-C for a
local authority.
8.10
8.11
8.12
9.2
9.3
9.4
9.5
9.6
9.7
9.8
9.9
V.
10.1
10.2
10.3
VI.
AWARD STAGE
11.
11.2
12.
11.3
Collector also to serve Notice on the occupier of the land and on all
persons interested. Notice to be in Form-7. (Section 9(3) of the Act).
11.4
On the day fixed, Collector to enquire into the objections of the persons
interested, to the measurements, value of the land at the date of the
publication of the Notification U/S 4(1) and into the respective interests
of the persons claiming compensation and make an award of
(i)
(ii)
(iii)
among
all
persons
12.2
12.3
12.4
12.5
12.6
12.7
12.8
10
interests of a person in the land to get absolute title free from all
encumbrances.
12.9
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.
12.19 Matters to be considered in determining Compensation : Market
value of the land at the date of publication of Notification U/S 4(1) and
damages sustained by land owner at the time of taking possession of
the land. (Section 23(1) of the Act).
12.20 Market value means the price which the asset would fetch in the open
market. It is also the price paid by a willing Purchaser to a willing
Vendor. It should be just and reasonable.
12.21 Comparative sales method of valuation, though not always
conclusive, is preferred because it furnishes evidence. Sale must be
genuine transaction. Sale must have been done at the time proximate
to date of 4(1) notification. Land covered by sale must be in the
vicinity. Land covered by sale must be similar to land acquired. The
size of the land covered by sale to be comparable to land acquired.
12.22 When not possible to secure comparable sales, to resort to
capitalisation method by multiplying the annual yield by ten years
multiplier. 1996 SC 106.
- Refer Addl. Spl. LAO Vs Y.B.Chalwadi (1994) 3 SCC 323.
12.23 The other methods are (i) opinion of experts and (ii) a number of years
purchase of the actual or immediately prospective profits of the land
acquired. These two methods are to be generally resorted to in the
case of lands with buildings, topes etc.,
- Refer AIR 1959 SC 429
12.24 Separate market value for wells, topes and buildings not allowable. In
such cases, capitalization method is to be adopted.
- Refer O.Janardhan Reddy Vs SDC, LA, Unit IV, LMD, Karimnagar,
A.P. AIR 1995 SC 186 AIR 1963 A.P. 466. AIR 1959 S.C 429
1992(2) ALT 187.
12.24 Other components of compensation :
(i)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
13
the
13.
14.2
14.3
14.4
14.5
14.6
14.7
15.1
14
16.
15.2
15.3
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.
16.2
16.3
16.4
16.5
16.6
17.
18.
19.1
15
19.2
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
19.5
19.6
19.7
19.8
19.9
at the
19.10 After reference Court or High Court delivers Judgement, Collector to obtain
certified copies of Judgement and Decree without delay, to examine grounds
of Appeal in consultation with the G.P. concerned and to take action for filing
Appeal in case there are grounds.
19.11 Otherwise to take action for sanction and payment of decretal charges without
giving scope for Contempt Cases / E.Ps.
19.12 In the cases of interim orders passed by the High Court / Supreme Court
granting stay of lower Courts 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.
16
REDETERMINATION OF COMPENSATION
20.1
20.2
Award should have been made by Court after Section 28-A came
into force.
(iii)
(iv)
(v)
17
(vi)
21.
22.
Section 28-A applies to only Civil Court order in O.P and does
not apply to orders of Appellate Court i.e, High Court.
- Refer Section 28-A (1)
1995 SC 2259
1997 SC 1793 CLRs Ref. No.G1/3629/90
dt.31-121990.
20.3
20.4
Any person not accepting Collectors award U/S 28-A(2) may file
application U/S 18 for reference to Civil Court. (Section 28-A(3) of the
Act).
20.5
21.2
21.3
21.4
21.5
18
23.
Owner may require Collector to acquire whole of the land or building in case
only a part is proposed for acquisition, owing to severance. (Section 49 of the
Act).
24.
25.
26.
VIII.
27.1
27.2
without
(Assgn I)
IX.
28.1
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
28.4
of
28.5
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.AR&R)Department dt.8-4-2005.
X.
Category
1)
2)
3)
4)
5)
Submergence Villages
Main Canal
Branches & Distributories
Roads
Field Channels
2000
1000
750
750
300
XI.
Government
Acres
Acres
Acres
Acres
Acres
*****
20
2.
3.
4.
5.
Purpose of Acquisition
6.
Provision of Funds
7.
8.
Name of the
Village
Wet
Dry
9.
10.
11.
D.N
D.D
21
* There should be gap of atleast one day between D.N & D.D Publication.
Note:- Govt. / Assigned / Allotted surplus lands should not be included in the D.N &
D.D.
12.
13.
14.
15.
16.
17.
18.
19.
:
:
20.
21.
22.
23.
22
24.
25.
** 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
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.
24
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
Dated: 09-10-98.
Read the following :-
26
Dated: 30-03-
determined not on the basis of subsequent 4(1) notification but on the basis of the
earlier notification if section 17(1) comes into play. The observations of the Division
Bench of the High Court is as follows:
Merely because subsequent notifications were published erroneously, those
would not cease the operation of the earlier notification. The property having been
vested in the Government would not get divested only because new notifications
were published in 1991. If the conceded position of law is that the property was
never divested from the government, the question of publication of notifications
afresh would in no way alter the position. In that view of the matter, we must accept
the submission of the Learned Government Pleader for Land Acquisition.
3.
The Division Bench of the High Court has also relied on the Judgement of the
Supreme Court in Lt. Governor of Himachal Pradesh Vs Avinash Sharma, AIR 1970
SC 1576 which has explained the scope of section 17 (1) of the Land Acquisition
Act, 1894 as follows:
When section 17(1) is applied by reason of urgency, Government takes
possession of the land prior to the making of the award under section 11 and there
upon the owner is divested of the title to the land which is vested in the Government.
Section 17(1) states so in unmistakable terms. Clearly, section 11-A can have no
application to cases of acquisitions under Section 17 because the lands have
already vested in the Government and there is no provision in the said Act by which
land statutorily vested in the Government can revert to the Owner.
4.
The Division Bench has further relying on the Supreme court Judgment of
Satendra Prasad Jain case held that Section 11-A of the Act does not apply to cases
of acquisition under Sec.17 where possessi on was already taken and lands vested
in the Government absolutely and free from all encumbrances as per the mandate
contained in Sec. 17(1) and issuance of any further notification under Sec. 4(1) and
Sec. 5 will be futile and superfluous. Therefore the first notification alone is crucial
for determination of market value.
5.
The Division Bench has also observed that proceedings for determination of
compensation ought to be completed without unreasonable delay and notification
can not be issued for freezing the price.
6.
Government after careful examination of the above facts direct that wherever
notifications are issued invoking sec. 17 of the Land Acquisition Act 1894 even after
non-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 nonest in the eye of law and the first notification issued invoking section 17(4) alone will
be crucial for determination of market value and the provisions of Sec. 11-A do not
apply in cases where advance possession of the land is taken by invoking the
28
provisions of Sec 17(4) and the Land Acquisition Officers shall not make undue
delay in 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.
7.
Order in WA 1126 & 1226/97 was reported in 1998 (4) ALT 554 (DB) consisting of
Honble Justice P. Venkatarama Reddi and Honble Justice A. Hanumanthu and the
same has also been confirmed by Supreme Court. In this decision the Honble
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
Dated:27-04-2000
(b)
30
(c)
(d)
(e)
SECTION OFFICER
31
Dated:13-6-2000
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
..
Petitioners
..
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.
For the petitioner .. M/s G. Anandam
M. Padmalatha Yadav, Advocates
For the Respondents 1 & 2 .. Govt. Pleader for Land Acquisition
For the Respondents No. 3 .. Govt. Pleader for Irrigation & CAD
The Court at the stage of admission made the following:
33
BILAL NAZKI. J
W.P. NO. 9780 OF 1999
ORDER:
This is a Writ petition filed by four persons. The grievance of the petitioners is
that their land was taken but no compensation had been paid. During the course of
hearing after the counters were filed this Court found that land 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 anybodys 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
// TRUE COPY //
SECTION OFFICER
35
SUB:
Dated. 16-6-2000
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.
(ii)
(iii)
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.
These instructions shall be followed scrupulously by all concerned.
The receipt of the memo shall be acknowledged.
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
Date:12-11-2002
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.
(i)
(ii)
(iii)
In regard to matters where payments have already been made and the
decree is satisfied no further claims can be entertained.
39
(iv)
(v)
(vi)
(vii)
No. A3/3425/02
Dated: 25-11-2002
41
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
Dated. 23.02.2005.
ORDER:
Infrastructure plays a critical role in generating higher economic growth.
Experience has shown that a 10% increase in the availability of infrastructure can
raise average house-hold incomes by equal amount mainly by creating large scale
employment. Andhra Pradesh needs to invest about Rs. 16,00,000 crores in
infrastructure development by 2020 and over Rs. 4,00,000 crores by 2010. The
infrastructure would include I.T. Parks, Biotech Parks, industrial Townships,
Highways, Bridges, Flyovers, Food Parks, Power Generation, Water supply,
Airports, Ports etc.
2.
In order to achieve this, Government have already brought out industrial
policy, Policy for Food processing Industries, I.T. Policy, etc., and also have
established an Infrastructure Authority to facilitate the investment.
3.
All of above would need requirement of considerable chunk of land. In view
of scare availability of Government land, private land will have to be acquired under
Land Acquisition Act. Above activity of infrastructure development to ultimately
generate economic activity and employment is an important public interest which will
drive the State into high growth of development.
4.
Instances have come to notice that in many cases the Government land
proposed to be utilized for the Projects gets into litigation because of other claims
from private parties. In such a case, it becomes difficult to proceed further in the
Project. Therefore Government is seized of the issue to overcome this situation and
to expedite the execution of the Project without compromising the claim of the
private parties.
In this context public interest becomes the overriding deciding
factor.
5.
The public interest as defined under Land Acquisition Act, 1894, is very
comprehensive and covers the land under any scheme of development sponsored
by the Government or with prior approval of the appropriate Government by a local
authority. Even in the cases where acquisition has some element of profit are also
acceptable as per the observations of the Supreme Court in Bharath Singh Vs State
of Haryana (AIR 1988/SC).
43
6. Accordingly keeping in view of the above, the Government have declared the
following policy on land acquisition:
Public purpose: The inclusive definition of Public purpose in the Act not being
compendious is not useful in ascertaining the ambit of that expression. Broadly
speaking the expression public propose would however, include a purpose in
which the general interest of the community as opposed to the particular interest
of individuals, is directly and vitally concerned. Public purpose is bound to vary
with the times and the prevailing conditions in a given locality, and therefore, it
would not be a practical proposition even to attempt a comprehensive definition
of it. It is because of this that the legislature has left it to the Government to say
what is a public purpose and also to declare the need of a given land for a public
purpose.
7.
In view of the proposed important activity and the public interest
associated with it, Government will have to acquire appropriate land for any of the
public purposes as indicated from time to time. The acquisition shall be governed by
the provisions of L.A. Act, 1894. Where the govt. land is in dispute, the process of
acquisition will proceed as per the provisions of the Act without prejudice to the case
of the Government and money deposited in the court to be given to the rightful
owners.
8.
The above policy of the Government shall be kept in view by all
concerned while acquiring the land under the provisions of Land Acquisition Act,
1894 in connection, primarily, with all infrastructure projects. This will also apply in
other cases too depending on the necessity of the case.
44
Dated: 24-05-2005
46
MISCELANEOUS
-------------------------SECTION:45 SERVICE OF NOTICES:
--------------------------------------------------------1.
Service of any notice under this Act shall be made by delivering or tendering
a copy there of signed, in the case of a notice under Section 4, by the officer therein
mentioned, and in the case of any other notice, by or by order of the Collector or the
Judge.
2.
Whenever it may be practicable, the service of the notice shall be made on
the person therein named.
3.
When such person cannot be found, the service may be made on any adult
male member of his family residing with him; and if no such audit male member can
be found, the notice may be served by fixing a copy thereof in some conspicuous
place in the office of the officer aforesaid or of the Collector or in the court-hose, and
also in some conspicuous part of the land to be acquired.
4.
Provided that, if the Collector or Judge shall so direct, a notice may be sent
by post, in a letter addressed to the person named therein at his last known
residence, address or plate of business and (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 addressees receipt.
CRUCIAL POINTS
-------------------------1.
service on the person himself is the normal rule and the substituted service
out lined in clause (3) can be involved only when the person cannot infact be found
after bonafide enquired.
2.
The service of a notice under the L.A. Act and the Rules is a matter of law;
and the procedure having been land down cannot be devioted in any manner
selected by the officials.
47
3.
The expression when such person cannot be found in section 45(3)
contemplates habitual absence at his address.
5. Service at any rate on female maker of the family is not contemplated by sec. 45.
COURT RULING
1.
2.
Irregularity in Service But notice reached the right person he appeared
irregularity waived.
AIR 1955 Mad 466
3.
After taking part in proceedings and field objection one cannot question the
notice U/S 9 & 10 being not served.
AIR 1977 Del 256
AIR 1971 AP 310
4.
5.
6.
7.
In the case of a receiver of an estate, Service of notice under Section 12(2)
has to be personal unless he has authorised the manager to accept service.
33 Mad LR 472
8.
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
51
.. Chairman
..
Member
.. Member
.. Member
The interested persons may also file petitions suo-motu for settlement
of the claims before the Negotiation Committee for settlement of
Compensation or for share in the compensation.
(ii)
(iii)
(iv)
52
The statements filed under Rules 5,6 and 8 along-with all connected
records of award enquiry preliminary Vale statements and other
relevant records etc., duly verified by the Land Acquisition officer shall
be placed before the negotiation Committee for its verification.
(b)
The Convenor may submit a copy of the report to the Chairman of the
negotiation Committee. The Convenor of the Committee may issue a
notice to the interested persons for filing any statement or to say
anything in person.
(c)
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.
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.
12. (a) The Quantum of compensation, as arrived at the interested persons
and requisitioning department before the Negotiations Committee shall be Package
deal inclusive of market value/Additional market value/solatium/cost of the
damages/valuation of structures/trees and interest etc., as are allowed under the
Land Acquisition Act and Government Orders. The Package deal shall indicate the
installments and mode and dates of payments, if any.
(b) If there is delay in Payments after settlement as per package deal interest
as provided under Section 34 of Land Acquisition Act shall be paid from the due
date.
13. If the negotiations fail, the Land Acquisition Officer shall proceed further in
accordance with the provisions of Land Acquisition Act and shall not take into
cognizance the deliberations of the Negotiating Committee for taking further action.
14. In case, Government do not approve of the proposed settlement rate of
the Committee, the Land Acquisition officer shall proceed as per the provisions of
the Land Acquisition Act and without regard to any of the proceedings of the
Committee.
15. The interested persons shall be at liberty to hand-over the possession of
land on any other conditions as agreed upon with the Negotiations Committee and
as stated in the Agreement Deed.
16. After negotiated settlement the consent award shall be 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)
Notice calling for claims for settlement through Negotiation Committee
It is hereby informed that the land specified
at Sy. Nos. . .Measuring
Acs .. in the village of
.. in the Mandal of .
.. in the district of ..
.. in the District of .
Is needed for a public purpose to wit for
In accordance with the notification under
section 4(1) of the Land Acquisition Act I of 1894, as amended by the land
Acquisition (Amendment) Act XXXVIII of 1923, Published by Government at Page
of part-I of the Andhra Pradesh Gazette,
dated ..
All persons interested in the land should appear personally or by person
authorized by them before the Negotiation Committee on ..
at at and to
state their willingness to settle their claims through the Negotiation Committee.
FORM III
Agreement to be executed when land is acquired for Public Purposes by
agreement between the persons interested and the acquiring body U/s. 11 (1) read
with Section 31 (20 of Land Acquisition Act, 1894.
An agreement made this .. day of
19 between
Hereinafter called the Owner (Which expression shall unless repugnant to the
context or meaning there of include his heirs, executors and administrators) and
. Hereinafter called the Interested party
(Which expression shall unless repugnant to the context or meaning thereof include
their successors and assignees (to b scored out if there is no interested party on the
one Part and the Government represented by
(LAOs) hereinafter called the Government on the other part and attested by
Negotiations Committee.
AND WHEREAS the right, title and interest of the owner/owners and the
interested party/parties in the following land/ lands hereinafter called the said land /
lands is/ are as specified below:
(a) Persons being the absolute owner/owners of the Property or having an
interest there in capable of leading ownership ultimately, hereinafter mentioned and
hereby conveyed in the following shares, that is to say:
(1) .. S/o . Share
(2) . S/o . Share .
(3) . S/o . Share .
(b) Where the land/lands re held by the interested party / Parties under the
owners named herein above with respective terms and nature of interest:
(1) S/o Definite
Term and nature of interest .... Definite
(2) Term and nature of interest .. Definite
(3) S/o Definite
Term and nature of interest ...
(c) AND WHEREAS the said piece and perscel of Land was mortgaged by the
Owner to the interested party by a mortgage Deed Dt.
57
58
AMENDMENTS
In the said rules
1. In rule 4 item (2) shall be deleted;
2. In rule 10
3. In clause (viii) the words and nominee of judicial Department shall be
omitted;
4. in clause (ix) the words occurring and shall be authored by name of Judicial
Department also shall be omitted.
CH.V.S.R. ANJANEYA SASTRY
Deputy Secretary to Government
-----------------------------------------------------------------------------------------------------------Printed and published by the Commissioner of Printing, Government of Andhra
Pradesh at Government Central press, Hyderabad.
59
PUBLISHED BY AUTHORITY
HYDERABAD, THURSDAY, JUNE 22, 1995.
28]
NOTIFICATIONS BY GOVERNMENT
REVENUE DEPARTMENT
(L.A.)
AMENDMENT TO RULES RELATING TO ANDHRA PRADESH
LAND ACQUISITION NEGOTIATION COMMITTEE
[ G.O. Ms. No. 296, Revenue (L.A.), 17 th June, 1995 ]
AMENDMENTS
In the said rules
1. In sub-rules (xiv) and (xv) of rule 10, for the figure 20% the figure 50% ,
shall be substituted;
2. In rule 11 of the figure 20% the figure 50% shall be substituted.
A. CHENGAPP A,
Secretary to Government.
60
PUBLISHED BY AUTHORITY
HYDERABAD, MONDAY, AUGUST 10, 1998.
26]
NOTIFICATIONS BY GOVERNMENT
REVENUE DEPARTMENT
(L.A.)
AMENDMENT TO RULES RELATING TO ANDHRA PRADESH
LAND ACQUISITION NEGOTIATION COMMITTEE
[ G.O. Ms. No. 594, Revenue (L.A.), 10 th August, 1998 ]
3. For rule 3, the following shall be substituted namely: Action for negotiation shall commence only after approval of
preliminary value and that award enquiry under section 11 of the Land
Acquisition Act, 1894 is completed.
4. In rule 4, the following item shall be added, namely:
5. In rule 6:(a) for sub-rule (ii), the following shall be substituted, namely:(ii) The owner or person interested shall withdraw the cases pending in the
Courts, as the case may be, before payment of compensation and the total
benefits payable under the Act.
(b) for sub-rule (v), the following shall be substituted, namely:(v) Negotiations for settlement shall commence only when all interested
persons or representatives authorized by them covered by a Notification give
a statement expressing willingness for settlement by the Negotiation
Committee and when the Requisitioning Department or Authority files a
written requisition in Form V before the District Collector and the Chairman,
Negotiation Committee to pass the consent award through the Negotiation
Committee.
6. for rule 3, the following shall be substituted, namely:8 The Requisitioning Department or Authority shall file a written requisition in
Form V to the District Collector and the Chairman, Negotiation Committee to
pass the consent award through the negotiation Committee under Section
11(2), read with second provision sub-section (2) of section 31 of the Land
Acquisition Act, 1894.
7. For clause (vii) of rule 10, the following clause shall be substituted, namely:(vii) the proceedings or deliberations of the committee pertaining to the
claims of compensation etc., shall be recorded.
8. For rule 11, the following shall be substituted namely:11 Any Increase beyond the competence of District Committee shall be
referred to by the Chairman of the District Committee to the Andhra Pradesh
State level negotiation Committee after receiving the written requisition in the
prescribed Form No. V] submitted by the Requisitioning Department with the
prior approval of the Head of the Department or Competent Authority
concerned.
9. Form II shall be omitted.
10. After Form IV, the following Form shall be added, namely:(a)
Form V
(b)
Form VI
62
FORM No. V
(See rule 6(v) and 8)
To
The District Collecotr & Chairman,
District Level negotiation Committee.
Sir,
It is, hereby, informed that a notification U/s4(1) of L.A. Act, 1894 was duly
published at page . Of part I of A.P. Gazette Dated .
For a acquiring the land in Sl. No. measuring an extent of
Acres of . Village in
. Mandal of . District to wit
for
It is requested that the above lands may be acquired by passing consent
award U/s 11(2) of the L.A. Act, as the lands are urgently required by the
Requisitioning Department or Authority for grounding or implementing the project or
scheme expeditiously.
63
[1]
AMENDMENT
K.C. MISRA,
Special Chief Secretary to Government
65
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
(3)
(b)
(c)
3. Compensation and composition of the State level negotiation Committee(1) The Andhra Pradesh land Acquisition State level negotiation Committee for
settlement of the claims of compensation and total benefits payable under the Act
through negotiation shall be constituted at the State level;
(2) The Composition of the Sate level Committee shall be as follows:(i)
.. Chairman
(ii)
.. Member
(iii)
.. Member
(iv)
.. Member
(v)
.. Member
.. Member
(vii)
.. Member
(vii)
.. Member
(ix)
Secretary to C.L.R.
.. Convenor
(x)
(vi)
.. Member
(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.
4. The procedure for the conduct of the business by the Negotiation
Committee shall be as follows:(i)
(ii)
(iii)
The Convenor under the directions of the Chairman shall fix the date;
time and place of the meetings.
68
5. Powers and functions of the State Committee- The State Committee shall
determine the claims for compensation and total benefits payable under the Act in
cases:
(1)
(2)
(3)
6. (1) The Convenor of the State Committee shall cause through District
Collectors concerned notice in form to be affixed at two or more public places like
office of Gram Panchayat , Village Chavadi, etc., of the village in whose jurisdiction
the land proposed to be acquired lies, and the persons interested in the land may be
required to appear personally or by persons duly authorized by them to attend the
meetings of the State Committee at the time and place specified therein.
(2) The State Committee may take up local inspections wherever deemed
necessar y or the Chairman of the State Committee may nominate a team of officials
to inspect the lands and submit a report.
(3) The State Committee after going through various material papers,
documentary evidence and after holding negotiations with the persons interested
shall determine the total benefits payable and shall communicate its decision to the
Collector/District Committee or to the Requisitioning Department/Authority or to the
Government, as the case may be;
(4) After communication of the decision under sub-rule (3) to the District
Committee the land Acquisition officer shall follow the procedure prescribed in the
Andhra Pradesh land Acquisition (Negotiation committee0 Rules, 1992 and take
further action accordingly:
7. The quantum of compensation as arrived at before the State Committee
shall be a package deal inclusive of market value/additional market value/solatium
/cost of the damages/valuation of structures/trees, interest etc., as are allowed under
the Act and the Government orders. The quantum of compensation determined
shall depend on the merits of each case.
8. After negotiated settlement is arrived at by the State Committee the
consent award shall be passed by the Land Acquisition officer under section
11(2)read with the second proviso under Section 31 (2) of the Act and reference
under Section 18 shall not be made in a court of Law.
69
9. If the negotiations fail at the Sate level, the Land Acquisition officer shall
proceed further in accordance with the provisions of the Act and shall not take into
cognizance the deliberations of the Sate Committee for taking further action.
10. The consent award 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.
13. Power to call for records by the State Committee:
The State Committee may at anytime before taking a final decision call for
any records or any proceedings for the purpose of satisfying itself either from the
office of the Collector or the requisitioning authority.
14. Power to summon and enforce attendance:
(1)
(2)
70
FORM
[Sec Rule 6 (1)]
It is hereby informed that a notification under Section 4(1) of the Land
Acquisition Act, 1894, was duly published at page . of part I of the
Andhra Pradesh Gazette, dated .. for acquiring the land in sy.
Nos measuring an extent of Ac .. in .
(v) of ..Mandal in District to wit for .
The persons interested in the said lands are required to appear before the
undersigned at on . In the
office of the Commissioner of Land Revenue, Andhra Pradesh, Hyderabad with
necessar y documentary evidence to present their claims for quantum of
compensation for taking further action for 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
Abstract
Land Acquisition Court Cases Out of court settlement through District level
negotiations Committee Instructions Issued
-----------------------------------------------------------------------------------------------------------Irrigation & CAD (LA.IV-R &R) Department
G.O. Ms. No. 46
Dated: 15-03-2005
O R D E R:
It has been observed by Government that in large number of land acquisition
cases land owners approach Civil Courts under section 18 for enhancement of
compensation for the land. The disposal of cases takes lot of time and it is many
years by the time the case is finally disposed of in Civil Court, High Court and
Supreme Court, in most of the cases, after the case is finally disposed of in the
courts. The Government has to pay not only the enhanced compensation but also
huge interest (9% in the first year and 15% thereafter) on enhanced compensation.
2. To expedite the disposal of the cases in different courts it has been
proposed that the district level Negotiations Committee constituted under G.O. Ms.
No. 1050 Revenue (Land Acquisition) Department. Dt: 17-10-1992 for passing the
consent award under section 11(2) of the land Acquisition At be empowered to
negotiate with the land owners, and once the settlement is reached, to file a consent
joint affidavit before the court with a request for a consent award or decree. The
basic idea behind this mechanism is to bring finally to at the earlier cases pending in
the courts of Law which would help not only in early realization of the amount due to
the land owner but also reduce interest burden on the Government on account of
payment of interest.
3. Accordingly Government after careful consideration in the matter hereby
empower the District Level Negotiation Committee constituted under G.O. Ms. No.
1050. Revenue (Land Acquisition) Department dated 17-10-1992 to entertain
petition or initiate action suo-motu for negotiations with land owners. Once
negotiations is reached a joint affidavit by Land Acquisition officer and the land
owners concerned can be filed before the court concerned with a request to pass a
consent decree / award. Once consent affidavit is accepted by court and a consent
award / decree is issued by court the Land Acquisition officer will take further action
for implementation of such consent award / decree without any further loss of time.
4.
under this provision the District Level Negotiations Committee is
empowered to award an additional amount to maximum extent of 50% of the
compensation (award value inclusive by the Land Acquisition officer in his award).
72
For example, if total award value is Rs. 10.6 lakhs, the District level negotiations
Committee is authorized to negotiate upto a maximum amount of Rs. 15.9 lakhs (Rs.
106 lakhs + Rs. 5.3 lakhs) as an all-inclusive packages. The additional amount from
1 to maximum 50% shall depend on the merits of each case. Extra care should be
taken while arriving at the additional amount within the upper limit indicated where
the amount awarded by the Land Acquisition Officer has a large component of
interest in it.
73
(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:(i)
(ii)
Transfers to Public Works Department poramboke, of channel s carttracks and footpaths shown as details in private holdings which are
sub-divided and reserved in connection with the public work after
publication of notices inviting objections to transfer and without
acquiring such portions.
(b)
(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)
74
4. The orders issued in G.O. Ms. No. 1185/ Revenue, Dt. 27-7-1981 will stand
modified to the extent ordered in para 3 above.
5. The powers to resume Government lands assigned on D form patta and
coming under submersion of any of the above projects shall be exercised by the
Special Deputy Collector of the respective project, instead of the Revenue
Department officers.
6. Where D from pattas have not been granted and the landless poor
persons have been in encroachment of Government lands coming under
submersion of any major, Medium Irrigation or power projects, since a long time and
the said occupants are otherwise eligible for assignment of Government lands, the
respective District Collectors will grant alternative Government lands wherever
available. They will not be entitled for any compensation.
7. The Commissioner of Land Revenue, Hyderabad is requested to take
action accordingly.
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
Dated 23-12-1993
G.O. Ms.
G.O. Ms.
G.O. Ms.
G.O. Ms.
From the
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.
In the Empowered committee meeting held on 21-6-1993, during the
discussions the issue regarding payment of compensation equivalent to the market
value to the assignees, whose lands are resumed once for all for public purpose on
par with other pattadars, as suggested by Commissioner of Land Revenue came up
for discussion and it was decided to place the proposal before the Cabinet.
The government after careful examination of the matter in consultation with
the Commissioner of Land Revenue, Irrigation and Command Area Department and
Finance Department hereby order payment of lumpsum of ex-gratia equivalent to the
77
market value to the assignees whose lands are resumed for the projects and other
public purposes and equivalent to valuation for other private orchards structures,
wells etc., removing the directions stipulated in para (3) of G.O. Ms. No. 428
Revenue (Asn.1) Department Dt. 25-4-92 subject to the following conditions.
a. That the amount is to be treated as ex-gratia
b. That the assignees would not be entitled for marking references under section
18 and section 28-A of land Acquisition Act to the courts.
c. An amount equivalent to 15% for the lands resumed prior to 30-4-82 and 30%
after that date on the market value payable under S4ction 23(1) of Land
Acquisitions Act may be considered for being included in the total ex-gratia
payable to the assignees as solatium
d. That the assignees will not be entitled for interest or additional market value
under the Land Acquisition Act.
e. That the above conditions shall be made applicable to all the assigned lands
resumed on or after 9-2-1984 (i.e. the date of issue of G.O. Ms. No.180,
Revenue dated 9-2-84, in supersession of G.O. Ms. No. 43, Revenue (s)
Department) Dt. 23-1-88.
6. The Commissioner of Land Revenue shall take action in the matter
accordingly.
M. NARAYANA RAO
Secretary to Government
To
All Collectors etc.,
78
Dated: 27-05-1999
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.
6. The Special C.S. & Chief Commissioner of Land Acquisition is required to
ensure that the above instructions are scrupulously followed by all concerned .
7. Receipt of these instructions shall be acknowledged
G. SUDHIR
Secretary to Government
To
All the Collectors, All land Acquisition officers
All Special Collectors, Chief Commissioner of Land Acquisition, A.P., Hyderabad
Copy to :
The Government Pleader for land Acquisition, High Court A.P., Hyderabad
80
Dated: 30-11-2004
Read the following:-
1. G.O. Ms. No. 1307 Revenue Dt. 28-5-86(Asn.1) Department dated 23-12-1993
2. G.O. Ms. No. 162, I&CAD (FW:SRSP.1) Dept., dated 13-11-2003
3. G.O. Ms. No. 205, I & CAD (Irr.x1) Dept., dated 17-12-2003
O R D E R:
In the G.O. first read above, orders were issued for payment of ex-gratia
equivalent to market value and solatium to the assignees of Government lands
whose lands are resumed for the project and other public purposes, subject to
conditions like that they are not entitled for payment of interest or additional market
value under the land acquisition act and also precluded from seeking reference to
court under section 18 and 28-A of the Act.
2. In the G.O. second read above orders were issued on the
recommendations of the Lok Adalat at Nizamabad that the assignees of government
lands whose lands are resumed for Flood Flow Canal of Sriramsagar project be paid
ex-gratia equivalent to the compensation paid as a package deal to the pattadars of
private lands acquired on consent basis. Similarly in the G.O. third read above
orders were issued that the assignees of the Government lands whose lands are
resumed for Gutpa Lift irrigation Scheme be paid ex-gratia equivalent to the
compensation paid as a package deal to the pattadars of private lands acquired on
consent basis through District Level Negotiations Committee.
3. Certain representations have been received from the assignees of
Government assigned lands in other projects requesting payment of ex-gratia to
them on the same lines as was given in the above two projects.
4. The Government have contemplated a massive programme for completion
of 26 projects within the next 5 years besides some other projects in progress.
Keeping this huge programme in view the Government have examined the entire
issue of payment of ex-gratia to the assignees of Government lands and also the
81
SURESH CHANDA
SECRETARY TO GOVERNME NT
82
Award to be in Form 8
Details of requisition
True area of the lands being acquired with details of survey numbers, sub
division numbers, classification.
Details of Govt. and assigned lands involved.
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.
Full details of claims filed to be mentioned along with the decisions taken
thereon.
Apportionment
L.A.O to have before him a plan of the land being acquired with S.D
Records while passing award.
84
Dated:-16-4-1993.
Read the following:-
85
In the case of land acquisition appeals arising out of the decisions given by
the Civil Courts, where the Court awards more than 50% of the award made by the
Land Acquisition Officer (including benefits such as solatium, interest and additional
amount of 12%), the Land Acquisition Officer concerned should immediately send
the proposals to the Special Officer, Government Pleaders Office, High Court of
Andhra Pradesh, Hyderabad for filing an appeal, intimating the fact to the District
Collector/Special Collector without waiting for opinion of the Government Pleader
concerned or without clearance of concerned Supervisory Officer. In cases where
the Court award 50% or less over the award made by the Land Acquisition Officer,
the District Collector / Special Collector should decide whether there is any need to
file an appeal in the High Court, unless in the opinion of Government Pleader / Land
Acquisition Officer, there are strong grounds to prefer such an appeal.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
P. NARAYANA RAO
SECRETARY TO GOVERNME NT.
86
Dated:-8-2-2001.
Read the following:-
It is noticed that number of cases are being circulated to the Honble 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
Honble 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
Honble 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
Dated:-08-03-2004.
Read the following:-
ii)
iii)
iv)
v)
Member / Convenor
Chair Person
Member
Member
The above Committee shall discharge the following functions and duties.
i)
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)
iv)
Similarly in the cases where the High Court has issued interim orders
granting conditional stay of the orders of the Reference Court / Lower
Court directing to pay part of the enhanced compensation, the
Committee shall examine such cases meticulously and take
appropriate decision either for prompt deposit of the amount into the
Court or to seek review of the orders as deemed fit.
v)
vi)
vii)
The Committee shall take appropriate decisions in all such cases and
communicate its decision to the Land Acquisition Officer concerned
promptly well within the limitation period prescribed.
6.
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
Dt. 3.6.2004.
1.
2.
3.
4.
5.
2.
The above Committee has been, interalia, mainly entrusted with the task of
considering and deciding i)
ii)
3.
In order to facilitate proper implementation of the above orders, detailed
guidelines are hereby issued and sent herewith duly prescribing the formats in
Annexures I to IX for maintaining certain registers and for submission of periodical
returns. A brief note containing salient features of Land Acquisition Act 1894 and
other connected statutes in the form of questions and answers (Annexure X) is also
enclosed herewith for guidance.
93
4.
The 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.
Encl: Two (as above)
K. Raju
Secretary to Government (Projects)
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
delays in the matter of filing appeals or to finalise the proposals for payment of
decretal charges in the cases of enhancement of compensation ordered by the
Reference Court/High Court in respect of the lands acquired for various projects,
taken up by the I&CAD Dept., Govt. have issued orders in G.O.Ms.No.34 I&CAD
(P.W.TGP.II) Dept., dt.8-3-2004 constituting the District Level Land Acquisition
Monitoring Committee (hereinafter called the Committee) under the Chairmanship of
the Joint Collector, concerned. The Special Collector of the project concerned, if
any, is the Associate Chairperson and the Superintending Engineer concerned, and
the Govt. Pleader/Asst. Govt. Pleader concerned are the members.
The Land
Objective:The above orders shall be applicable to the L.A. Court cases, pertaining to
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
3.1
i)
ii)
Reference
Court/High Court, the Land Acquisition Officer concerned shall obtain a copy of
order/judgment and decree and the legal opinion of the Govt. Pleader concerned,
examine each and every case with reference to the material available on record and
submit necessar y proposals to the Chairman of the Committee the required material
enclosing the following documents.
certified copies of Judgment and decree and other material required, and in the
submission of the proposals as any delay would defeat the very purpose of
decentralization of powers to the Committee.
a)
b)
c)
d)
e)
f)
3.2
In cases covered by Category II i.e., interim orders of High Court, the Land
Acquisition Officer shall submit the following documents also.
i)
3.3
ii)
iii)
iv)
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.Os
proposal through the L.A.O. Member Convenor concerned.
iii)
iv)
Depending upon the urgency and necessity, the Committee may meet
more than once a month.
v)
vi)
5.1
The Committee shall examine the proposals of the Land Acquisition Officer
particularly on the following aspects :
5.2
i)
ii)
iii)
iv)
v)
vi)
vii)
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.
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
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.
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.
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
the
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
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.
Committee shall examine whether there are any delays in the processing and
submission of the proposals at any stage and make its 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.
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 :
7.1
At L.A.Os level :A register showing the details of proposals in respect of the Land Acquisition
Court cases relating to I & CAD Dept., where the enhancement ordered is above
50% and below 100% over the award of the Land Acquisition Officer submitted for
consideration by the District Level Land Acquisition Monitoring Committee. (vide
Annexure V)
7.2
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
Officers 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.
8.1 Other matters to be reviewed with the Land Acquisition Officers
concerned.
8.2
Section 18 references :
scheme wise review of the cases referred to the Reference Court u/s 18(1) of the
Land Acquisition Act 1894 and to provide necessar y guidance to the Land
Acquisition Officers and other Officers concerned.
Acquisition Officer concerned shall place before the Committee the details of the
section 18(1) references made to the Reference Court, to ensure whether
9.
(i)
(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)
(iv)
the cases are properly monitored keeping in close touch with the Govt.
Pleader / Asst. Govt., Pleader concerned and that all the required
material is furnished to him to safeguard the interests of the Govt.,
The Committee shall review the action taken by the Land Acquisition Offices
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
102
ANNEXURE I
CHECK MEMO LAND ACQUISITION
Proposals for taking a decision by the District Level land Acquisition monitoring
Committee constituted in G.O. Ms. No. 34 I & CAD (P.W. TGP-II) Department Dt:
8-3-2004 for filing appeal / Review in high court for payment of decretal charges in
respect of cases where the enhancement ordered by the Reference /High court is
above 50% and below 100%.
***
1. Designation of the Land Acquisition :
Revenue Divisional Officer/Spl.
Officer from whom proposals received with Dy. Collector/Special Tahsildar.
Current No. and date of reference.
R. C. No.
Dated:
Part 1 : particulars of Award of Land Acquisition Officer vis--vis lower Court.
2.
Name of Project/Scheme
3.
Purpose of Acquisition
4.
District
Mandal
5.
L. A. Os Award
Village
a. Designation of LAO
a. Designation of Court
c. No. of Awardees
c. No. of claimants:
d. Extent:
d. Extent:
Covered by Award
Covered by O.P.
103
Item
LAO
A.
B.
C.
D.
Low
er
Cour
t
Total
compensation
awarded by
LAO
% of
enhancem
ent over
LAOs
award
Differenti
al
amount
payable
on
account
of Courts
orders.
Court
Land
Trees
Struc
tures
Total
No. of cases
probable amount
105
ANNEXURE II
Calculation Sheet OP Wise
PART I
A) Basic Data:
(i) Designation of the Reference court
- No. of claimants
- Extent
B) Crucial data:(i)
(ii)
(ii)
Market Value
(iii)
Solatium
(iv)
(v)
Total
(vi)
Rs.
106
107
PART II
(To be filled up in cases where High court has passed interim orders)
G. i) CMP No./ A.S. No. and date of order
ii) directions in the Interim order
iii) Date by which orders to be complied with
iv) Amount to be deposited.
P A R T III
(To be filled up on receipt of final orders from the High Court)
Rs ..
108
PART - IV
(To be filled up on receipt of final orders of Supreme Court)
109
Enclosure to Annexure II
Calculation sheet Claimant wise
Statement showing the decretal charges to be deposited in the Civil Court.
Sl.
No.
(Classification wise)
Paid by
LAO
1.
2.
Reach No.
3.
Date of 4(1)
Awarded
by court
Notification
5.
Date of taking
possession
7.
A.S. No.
110
Paid by
LAO
Awarded
by Court
SL.
No.
Name of
the
awardee/
claimant
Market
Value.
14
L.A..P.
No.
Surve
y No.
Extent of
land
including
structures,
trees, etc.,
5
Classifi
cation.
Market
Value
Solatium
Addl.
Market
Value
Grand
Total
Market
Value
Solatium
20
21
22
9%
10
15%
11
Grand
Total
Total
12
13
Difference
Addl. Market Interest
Value
Interest
23
9%
24
Grand
Total
15%
25
Total
26
27
Appeal Stage
High court
A.S. No. &
Date of
Judgment
30
Whether
Lower
court
Judgment
confirmed
or not. If
not, the
directions
of High
Court,
31
32
Date of
deposit
33
Amount
deposited
34
Supreme Court
Differential
amount
payable on
account of
High court
35
S.L.P. No./
C.A. No. &
date of
Judgment
36
Whether
high
Courts
judgment
confirmed.
If not the
directions
Differential
amount
payable, if
any
37
38
112
ANNEXURE III
CHECK MEMO LAND ACQUISITION
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.
Committee constituted in G.O. Ms. No. 34 I&CAD (P.W. TGP.II) Department Dated
8-3-2004.
***
1. Designation of the
:
Revenue Divisional Officer/Spl.
Officer from whom proposals received with Dy. Collector/Special Tahsildar.
Current No. and date of reference.
R. C. No.
Dated:
Part 1 : particulars of Award of Land Acquisition Officer vis--vis lower Court.
2.
Name of Project/Scheme
3.
Purpose of Acquisition
4.
District
Mandal
5.
L. A. Os Award
Village
a. Designation of LAO
a. Designation of Court
c. No. of Awardees
c. No. of claimants:
d. Extent:
d. Extent:
Covered by Award
Covered by O.P.
Item
LAO
A.
B.
C.
D.
Lower
Court
Total
compensation
awarded by
LAO
% of
enhancem
ent over
LAOs
award
Differenti
al
amount
payable
on
account
of Courts
orders.
Court
Land
Trees
Struc
tures
Total
No. of cases
probable amount
114
115
ANNEDURE IV
Calculation Sheet OP Wise
Statement showing the amount of decretal charges payable on account of
interim orders of High Court.
PART I
A) Basic Data:
(i) Designation of the Reference court - O.P. No. and date of Judgment
(ii) High Court
- No. of claimants
- Extent
(viii)
Market Value
(ix)
Solatium
(x)
(xi)
Total
(xii)
Rs.
116
117
PART II
(To be filled up in cases where High court has passed interim orders)
G. i) CMP No./ A.S. No. and date of order
ii) directions in the Interim order
iii) Date by which orders to be complied with
iv) Amount to be deposited.
Signature and designation of
Land Acquisition Officer
118
Enclosure to Annexure IV
Calculation sheet Claimant wise
Statement showing the amount of decretal charges payable on account of
interim orders of High Court.
Sl.
No.
(Classification wise)
1.
2.
Reach No.
3.
Date of 4(1)
Paid by
Awarded
Paid by
Awarded
LAO
by court
LAO
by Court
Notification
5.
Date of taking
possession
7.
A.S. No.
119
SL.
No.
Name of
L.A.
Survey Extent of land
the
O.P. No. No.
including
awardee/cl
structures,
aimant
trees, etc.,
Market
Value.
14
Classification.
Income Tax to be
deducted and payable
to Income Tax
Department
28
Grand
Total
Market
Value
20
21
Net amount
payable to
the
Claimant
29
120
Market
Value
Solatium
Addl.
Market
Value
Interest
9% 15%
10
11
Solatium
Difference
Addl. Market
Interest
Value
22
C.M.P.
No./A.S. No.
and date of
Judgment
30
23
9%
24
Gift of High
Courts
interim order
Amount to be
deposited
31
32
Grand
Total
Total
12
13
Grand
Total
15%
25
Total
26
27
ANNEXUREV
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.
No. of the LAO of LAO
& date of
receipt of
proposals
1
2
3
Rate per
acre
awarded
by Court
12
Decision of
the
Committee
22
Name of
the
Project/
Scheme
4
Nam of
the
Village
&
Mandal
5
Amount Percentage
awarded of
by Court enhancement
including
all
benefits
13
14
Date of
obtaining
C. Cs. of
Judgment
and
decree
15
Remarks
23
Award
No. &
date
Extent
acquired
Rate per
acre
awarded
Amount
awarded
incl. of all
benefits
Grounds
for
filling
appeal if
any (in
brief)
16
A.S.
No. &
Date
of
order
17
High Court
Whether Gist or
interim
order
order or
final
order
18
19
10
11
Opinion
Opinion of the
of the
LAO
G.P.
concerned
20
21
24
Section:
Date:
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
No. No. of the
Chairman
O.P. No.
& date
13
No. of
Date of
claimants obtaining
C.Cs of
judgment &
decree
14
15
Name
of the
Project/
Scheme
Nam of
the
Village &
Mandal
Award
No. &
date
Extent
acquired
Rate per
acre
awarded
Amount
awarded
incl. of all
benefits
No. of
awardees
Designatio
n of the
Court
10
11
12
Amount Percentage
Future liability on account of
enhanced of
Sec. 18 ref.
Sec. 28-A
by Court enhancement No.
Probable
No.
Probable
including
amount
amount
all
benefits
16
17
18
19
20
21
High Court
Whether
Gist of orders
interim
order or
final order
Opinion of
G.P.
concerned
Opinion of
LAO
Date of
the
meeting
23
24
26
27
28
25
Decision of the
committee
whether to file
appeal or to
deposit decretal
charges
29
Grounds for
filing appeal.
If any. (in
brief)
22
Date of
communicat
ion of the
decision to
LAO
Remarks
30
31
122
A N N E X U R E VII
Proforma of Minutes Book of District Level Land Acquisition Monitoring Committee
Meeting to be maintained in the Land Acquisition Branch of Collectorate.
Minutes of the District Level land Acquisition Monitoring Committee Meting of District
1. Date of meeting
2. Venue
3. Names and Designations of
officers present
Sl.
No.
1
2
3
4
5
Sl.
No.
Designation in the
Committee
Chairperson
Associate Chairperson
Member
Member
Member Conenor
Project/Scheme
Mandal/Village
10
123
Total
differentia
l amount
payable
11
In case of
interim
orders of
H.C.
amount
payable
12
Decision
of the
Committe
e
13
A N N E X U R E VIII
Rc. No.
/o4
Dt:2004
From
Smt/Sri
Joint Collector & Chairman
District Level land Acquisition
Monitoring Committee
District.
To
The L.A.O.
(R.D.O./S.D.C./
Spl. Tahsildar).
Sir,
Sub: Land Acquisition I & CAD Dept. project/Scheme Dt.
Mandal
(v)
Enhancement of compensation by
Reference Court/high Court filing of appeal/payment of decretal charges
Reg.
Ref:- Rc.No.
Dt.
Of the L.A.O. (R.D.O./SDC/spl.Tahsildar)
-xA copy of the decision of the district Level land Acquisition Monitoring Committee
taken in Its meeting held on is herewith communicated to you for taking necessary further
action.
2. The action taken in the matter may be intimated urgently.
Encl: One,
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.
Sl.
No.
Designation
LAO
Decided to sanction
decretal charges
No.
Amount
involved
10
11
Name
of
No.
Amount
Project/ pending
involved
Scheme at
beginning
of the
month
3
4
5
Receipt
No.
Amount
received Involved
during
No.
the
month
6
Disposal
Decided to file appeal Total
No.
12
Amount
Involved
13
No.
14
125
Total
Amount
involved
Balance
Amount
Involved
15
No.
16
Amount
Involved
17
ANNEXURE-X
Certain salient features of land Acquisition Act & Land Acquisition Court cases at a glance.
What is L.A. Award?
Award under L.A. Act is merely an offer made on behalf of Government to the owner
of the property.
(Raja Harish Vs. Dy LAO (1962) Sc/ J 696 AIT 1961 SC 1500
(69 Bombay L.R. 1967 Mah. LJ 505 AIR 1968 Bom 31)
Who passes the L.A. Award?
Collector i.e., land Acquisition Officer. (Ref. Section 3(c)
Under What Section ?
U/s 11 (1) of the L./A Act.
What shall be the contents of Award ?
i)
ii)
iii)
Can the Award be passed without prior approval of draft award by competent
authority ?
No. with prior approval of Government or of such officer authorized by Government.
Refer proviso to Section 11(1)
Vide G.O. Ms. No. 1843 Rev. (K) Department Dt. 13-12-1984 all District Collectors,
Joint Collectors, Special Collectors, (L.A.) authorized to accord approval to draft awards.
Can Government empower any officer to exercise their powers ? If so under
what provision ?
Yes. District Collector U/s. 3-A.
What is the time limit prscribed for passing award ?
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).
Can a consent award be passed ?
Yes. U/s 11 (2).
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.
(para 4 Chapter VIII B.S.O. 91)
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.
When the award becomes final ?
Becomes final and conclusive evidence, as between Collector i.e., LAO and persons
interested once it is filed in Collectors office. (Refer Section 12 (1))
Can an award be corrected ?
Correction of only clerical or arithmetical mistakes is allowed within six months from
the date of award by LAO.
(Refer Section 3 A)
Even Government cannot question LAOs award since it is made on its behalf.
(1996 (6) S.C.C. 454)
What is meant by Section 12(2) Notice ?
Notice of award issued by LAO to persons interested who arenot present when the
award is made.
What are the components of compensation paid in LA Award ?
Market value as defined in Section 23 (1)
127
128
ii)
ii)
iii)
iv)
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.
c) (Setion 5 of limitation Act, 1963) not applicable Limitation period not to be
extended.)
(Refer Section 18 (2)).
(S.C. 2642 1997).
(Mrs. S. Thomas Vs. Collector of madras)
AIR 1958 Madras, 186; (1958)
1 MLJ 27)
Under what section of LA Act, ?
Reference U/s 18 (1) to be made to Reference court under Section 19 (1) and (2)
(Refer Section 19).
Collector competent to withhold section 18 applications, if requirements are not
complied with.
(AIR 1927 Mad 282).
Onus to prove inadequacy of compensation lies on claimant.
(ILR. (1972) 3 Delhi 780).
What is a Judgment?
Statement given by the judge on the grounds of a decree or order .
(Refer Section 2 (9) of the Civil procedure Code).
What is a decree?
Formal expression of an adjudication, conclusively determining rights of parties.
Decree shall follow Judgment.
130
131
Otherwise to take action for Sanction of decretal charges without giving scope for
contempt cases / E.Ps.
What is the provision in the L.A. Act for filing appeals on the orders of Reference
Court?
Under section 54 of L.A. Act, appeal lies against orders of Reference Court to High
Court and from High Court to Supreme Court.
What is the time limitation to prefer appeal in the High Court?
Within 90 days from the date of decree or order of the Reference Court.
What is an interim order of the High Court/Supreme Court in respect of and
Acquisition matters arising out of judgments of Lower Court on Section 18
references?
An order passed by the High court/Supreme Court granting stay of Lower courts order
subject to deposit of a part of enhanced compensation within a stipulated time or to give
interim relief as the court deems fit.
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.
If the interim orders are not complied with within the stipulated time what is the
further action to be taken by the L.A.O.
To seek extension of time in advance for depositing the amount.
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
What is the further action to be taken after receipt of High Courts judgment and
decree?
To obtain certified copies of Judgment and decree without delay.
To obtain the opinion of the Government Pleader concerned / Advocate General with
reference to L.A.Os award, Lower Courts order etc., on filing of appeal or otherwise.
To take action for filing appeal within the limitation period in case there are grounds.
Otherwise to take action for sanction of decretal charges, without giving scope for
contempt cases / E.Ps.
Is it necessary to seek the opinion of the Government Pleader?
Yes. The legal opinion of the government Pleader to be obtained should be specific
traversing fully the grounds of appeal.
What is the time limit allowed for filing review petition before the High court?
30 days
(Refer Art. 124 of Indian limitation Act, 1963).
What is the time allowed for preferring further appeal to Supreme court of India
by way of S.L.P.?
Within 90 days from the date of decree and Judgment of High court.
(Refer Article 13. C of the Indian Limitation Act, 1963).
What is an E.P.?
Application filed by the decree holder before the court for execution of decree
(Refer rule 10 of order 21 of Civil procedure Code.)
Can the E.P. be filed for attachment of property of Judgment debtor?
Yes. For attachment of both movable and immovable property of Judgment debtor.
(Refer rule 12 and 13 of order 21 of Civil procedure code)
Whether there is provision for arrest and detention of Judgment debtor?
Yes. (Refer Rule 11-A of Order 2 of C.P.C.)
133
134
What are the ingredients required for preferring a petition U/a 28-A?
(Refer Section 28-A (1))
i)
Application to be made to L.A.O. within three months from the date of Civil
courts award.
ii)
Award should have been made by the court after section 28-A came into
force.
iii)
iv)
v)
vi)
Section 28-A applies to only civil court order in O.P. does not apply to order
of Appellate court i.e., High Court.
Section 28-a (1) read with 1995 SC 2259
1997 SC 1793 CLRs Ref. No. G.1/3629/90 dt. 31-12-1990.
Whether Section 28-A application can be filed even when the amount of
compensation was received without protest?
Yes.
(Refer C.L.R.s Ref. No. G. 1/47/98 dt. 15-6-1998).
(1995 (2) SC 689).
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.
(Refer Sec. 28-A (2))
(1994 (3) ALT 620- para 12).
Can a person interested file section 18 application on the award U/s 28-A?
Yes If he has not accepted the award U/s 28-A.
(Refer Section 28-A (3)).
135
Dated:9-7-2004
Read the following
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.
iii.
137
Dated: 2-8-2004
138
Dated: 13-10-2004
Read the Following:
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.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
SURESH CHANDA
SECRETARY TO GOVERNME NT (PROJECTS)
To
140
141
Dated: 03-01-2005.
Collector / Special Collector Concerned can issue the sanction of the payment
as per the orders of courts.
ii)
Sanction order will be sent by District Collector/ Special Collector to the Chief
Engineer concerned for transfer of funds for making payment wherever
required.
The Present procedure for drawl funds will continue.
iii)
142
SECTION OFFICER.
143
Dt: 18/1/2005
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
Dt: 11/2/2005
The
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:
C.C.L.A. for information
Prl. Secretary (I&CAD) / Prl. Secretary (Irrigation) for information
All Junior Officers
All Sections
147
On Date
23/09/1986
22/09/1988
Award Date
Part Payment Date
Sl.
No.
Item
Extent
1
2
3
4
5
6
Land Value
Wells
Structures
Trees
Others
Total for S. No.
0.75
10/07/1980
Possession date
Balance Payment Date
MV by LAO
Rate
Total Value
4500
3375
3375
148
MV by Court
Rate
Total Value
11000
8250
8250
23/09/1986
22/09/1989
Difference in
total Value
4875
0
0
0
0
4875
ADDITIONAL VALUE on
Others
Value
1462.5
3631.81
Interest Calculation on
SOLATIUM
9% Interest 897.24
149
ADDITIONAL
VALUE
1
2
3
4
5
1
Claimant
Part
Payment
Balance (12)
Interest on
balance
Total
payable
(3+4)
Differential Values
MV
30%
12%
solatium
Addl.
Value
2
3
4
4875 1462.5
3631.81
4875 1462.5
662.50
Total
Diff.
Value
9%
interest
5=2+3+4
6
9969.31 897.24
7000.00 0.00
11 @
11.20%
on
Interest
7
8
9=6+7
10
1495.40 12361.95 2392.64 267.98
0.00
7000.00
0.00
0.00
2969.31
2969.31
897.24
1495.40 5361.95
0.00
0.00
445.40
445.40
0.00
0.00
0.00
0.00
3414.71
3414.71
897.24
1495.40 5807.35
150
15%
Interest
Total
Gross
Payable
445.40
Total
Interest
445.40
Total Net
payable
11
12093.97
49.88
2838.04 317.86
5489
Sl. Claimant
No.
1
2
3
4
5
1
Claimant
Part
Payment
Balance (12)
Interest on
balance
Total
payable
(3+4)
Differential Values
MV
30%
12%
solatium
Addl.
Value
2
3
4
4875 1462.5
3631.81
4875 1462.5
3631.81
Total
Diff.
Value
9%
interest
5=2+3+4
6
9969.31 897.24
9969.31 530.69
11 @
11.20%
on
Interest
7
8
9=6+7
10
1495.40 12361.95 2392.64 267.98
0.00
10500.00
0.00
0.00
0.00
0.00
366.55
1495.40 1861.95
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
366.55
1495.40 1861.95
151
15%
Interest
Total
Gross
Payable
0.00
Total
Interest
0.00
Total Net
payable
11
12093.97
0.00
2392.64 267.98
1594
Sl. Claimant
No.
1
2
3
4
5
Differential Values
MV
30%
12%
Solatium
Addl.
Value
1
2
3
4
Claimant
4875 1462.5
3631.81
Part Payment 4875 1306.00
0.00
Balance (1-2) 0.00 156.50
3631.81
Interest on
0.00 23.48
0.00
balance
Total payable 0.00 179.98
0.00
(3+4)
Total
Diff.
Value
9%
interest
5=2+3+4
9969.31
6181.00
3788.31
568.25
4356.56
Total Net
payable
6
897.24
0.00
897.24
0.00
11 @
11.20%
on
Interest
7
8
9=6+7
10
1495.40 12361.95 2392.64 267.98
0.00
6181.00
1495.40 6180.95
0.00
568.25
568.25
63.64
897.24
1495.40 6749.20
6418
152
15%
Interest
Total
Gross
Payable
Total
Interest
2960.89 331.62
11
12093.97
FORMS
Number
Subject
1.
Requisition Form
2-A
2-B
3.
5-A
5-B
5-C
5-D
Award
10
11
12
13
15
16
19
20
21
25
153
# 746
[ APP.6]
APPENDIX - - 6
FORM I
Form of requisition
Column
1.
Name of Village
2.
3.
4.
5.
6.
Extent
Purpose for which required.
Boundaries
The name and designation of the departmental officer
deputed for the joint inspection
Certificate
1.
Demarcation:-That the site was peg marked on the ground and the demarcation
approved by a responsible officer.
2.
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:
154
FORM 2-A
Form of notification to be issued under Section 4 of Act I of
1894, as amended by Act XXXVIII of 1923
Whereas it appears to the Government of Andhra Pradesh that the land specified in
the
schedule
below
and
situated
in
the
Village Taluk ..district, is/are needed for a public purpose, to wit, for
notice to that effect is hereby given to all to whom it may
concern in accordance with the provisions of sub-section (1) of Section 4 of the Land
Acquisition Act, 1894 (Central Act I of 1894);
And whereas it has become necessar y to acquire immediate possession of the
land/lands specified in the Schedule below, the Governor of Andhra Pradesh hereby directs
that the land/lands be acquired under the provisions of sub-section (1)/(2) of Section 17 of
the said Act; *
Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 4 of
the said Act, the Governor of Andhra Pradesh hereby authorizes ------------------------, his staff
and workmen, to exercise the powers conferred by the said sub-section and under clause
of Section 3 of the said Act, the Governor of Andhra Pradesh hereby appoints -------------------------- to perform the functions of a Collector under Section 5-A of the said Act.
Under sub-section (4) of Section 17 of the said Act, the Governor of Andhra Pradesh
hereby directs that in view of the urgency of the case, the provisions of Section 5-A of the
said Act shall not apply to this case. **
155
FORM 2-B
Acquisition of land for the purposes of the Union
Government Draft Notification under Section 4 (1)
of the Land Acquisition Act, 1894
Whereas in exercise of the powers conferred by clause (1) of Article 250 of the
Constitution of India, the President of India has in the Ministry of Food, Agriculture,
Community Development and Co-operation (Department of Agriculture) Notification No.
4(1)/65 General II, dated the 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; *,
Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 4 of
the said Act, the Governor of Andhra Pradesh hereby authorizes the ---------------------------------------, his staff and workmen to exercise the powers conferred by the said sub-section;
under clause (c) of Section 3 of the said Act, the Governor of Andhra Pradesh hereby
appoints ------------------------------------------- to perform the functions of a collector under
Section 5 A of the said Act;
Under sub-section (4) of Section 17 of the said Act the Governor of Andhra Pradesh
hereby directs that, in view of the urgency of the case, the provisions of Section 5-A of the
said Act shall not apply to this case **
Note:- * (1) The section not applicable should be elected.
** (2) The provision under the emergency clause should be deleted when not
required.
Notice to that effect is hereby given to all whom it may concern in accordance with the
provisions of Section 4 (1) of the Land Acquisition Act I of as amended by the Land
Acquisition Amendment Act XXXVIII of 1923 and the Governor of Andhra Pradesh hereby
authorizes.
156
His staff and workmen to exercise the powers conferred by Section 4 (2) of the Act.
Under Section 3 of same Act, the Governor of Andhra Pradesh appoints.
To perform the functions of a Collector under Sec. 5-A of the Act.
Under sub-section (4) of Section 17 of the Act, the Governor of Andhra Pradesh
directs that, in view of the urgency of the case, the provisions of Section 5-A of the Act shall
not apply to this case.
FORM 3
Notice under Section 5-A of the Land Acquisition
Act I of 1894, as amended the Land Acquisition
157
SCHEDULE
Survey Number
Description
Extent required
Reputed owner
__________________________________________________________________ __
____________________________________________________________________
158
Area
Assessment or
rental
(4)
Description dry or
Wet
Village
(3)
Number of field
Taluk
(2)
Boundaries
(1)
Whether ryotwari
inam or zamindari
Department
requiring land
(5)
(6)
(7)
(8)
(9)
(10)
(17)
159
(18)
(19)
Remarks
(16)
Total Compensation
Payable
(14) (15)
House
(13)
Total
Land
(12)
Trees
(11)
Wells
Name of Owner of
Occupier
Estimated Value of
(20)
FORM 5 - A
Acquisition for purposes of the State
Draft declaration under Section 6 of the Land Acquisition Act.
The Government having been satisfied that the land specified in the schedule below
has/have to be acquired for public purpose and it having already been decided that the
entire amount of compensation to be awarded for the land/lands is to be paid out of public
revenues, the following Declaration is issued under Section 6 of the Land Acquisition Act,
1894 (Central Act I of 1894).
DECLARATION
Under Section 6 of the Land Acquisition Act, 1894 (Central Act I of 1894), the
Governor of Andhra Pradesh hereby declares that the land/lands specified in the Schedule
below and measuring acres, be the same a little more or less,
is/are needed for a public purpose, to wit, for ---------------------------- A Plan of the land/lands is
are kept in the Office of the ------------------------------------ and may be inspected at any time
during office hours.
THE SCHEDULE
---------------------------- district, -----------------------------------taluk, ---------------------------(1) -----------------------(2)--------------------------------(3) --------------------------------- etc., bounded no the North
by S.No.--------------------East ------------------------South by S.No. ---------------------------------- and
West by S.No. -------------------------------- Total extent:---------------acres.
160
FORM 5 - B
Acquisition of land for the purpose of the Union
Draft Declaration under Section 6 of the Land Acquisition Act
Whereas in exercise of the powers conferred by clause (1) of Article 258 of the
Constitution of India, the President of India has in the Ministry of Food, Agriculture,
Community Development and Co-operation (Department of Agriculture) Notification No.4
(1)/65 General Ii, dated the 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
A plan of the land/lands is/are kept in the Office of the --------------------------------and
may be inspected at any time during office hours.
THE SCHEDULE
---------------------------- district, -----------------------------------taluk, ---------------------------(1) -----------------------(2)--------------------------------(3) --------------------------------- etc., bounded no the North
by S.No.--------------------East ------------------------South by S.No. ---------------------------------- and
West by S.No. -------------------------------- Total extent:---------------acres.
161
FORM 5 C
Declaration under Section 6 of the Land Acquisition
Act in respect of Acquisition of Lands
For a Local authority
The Government of Andhra Pradesh having been satisfied that the land/lands
specified in the Schedule below has/have to be acquired for a public purpose, and it having
already been decided that the entire amount of compensation to be awarded for the
land/lands is to be paid by * out of the fund controlled or managed by * --------------- following
Declaration is issued under Section 6 of the Land Acquisition Act, 1894 (Central Act I of
1894).
DECLARATION
Under Section 6 of the Land Acquisition Act, 1894 (Central Act I of 1894), the
Governor of Andhra Pradesh hereby declares that the land/lands specified in the Schedule
below and measuring acres, be the same a little more or less,
is/are needed for a public purpose, to wit, for ----------------------------
A Plan of the land/lands is are kept in the Office of the -------------------------------- and
may be inspected at any time during office hours.
THE SCHEDULE
---------------------------- district, -----------------------------------taluk, ---------------------------(1) -----------------------(2)--------------------------------(3) --------------------------------- etc., bounded no the North
by S.No.--------------------East ------------------------South by S.No. ---------------------------------- and
West by S.No. -------------------------------- Total extent:---------------acres.
162
FORM 5 D
Preamble to Declaration under Section 6 of the Land
Acquisition Act in respect of the acquisition
of lands for a company
The Government of Andhra Pradesh having been satisfied that the land/lands
specified in the Schedule below has/have to be acquired for * which is for a public purpose
and it having already been decided that the entire amount of compensation to be awarded for
the land/lands is/are to be paid by the said company, the following Declaration is issued
under Section 6 of the Land Acquisition Act. 1894)
(*) Note:- Here specify the purpose and name of the company.
163
FORM 6
Notice under Sections 9 (1) and 10 of the
Land Acquisition Act I of 1894 (India)
Notice is hereby given that the State Government propose to acquire the lands
mentioned in the list below, which are required for public purpose under Act I of 1894 (India).
All persons interested in the lands are requested to appear in person or by authorized agent
on
before
at
. State . and to
.. the
Put in a statement in writing signed by themselves or their agents showing nature of
their interest in the lands, the amount of compensation for such interests with particulars
thereof and their objections (if any) to the measurements made under Sections 8 of the Act,
and to put in a statement containing, so far as may be practicable the name of every other
person possessing any interest in the land or any part of it as co-proprietor sub-proprietor
mortgage, tenant or otherwise the nature of such interest and the rents and profits (if any)
received or receivable on account of its for three years next proceeding
the date of the Statement.
Extent
Assessment
Remarks
(3)
Field No
Name of owner
or registered holder
or other person
interested in the land
(2)
Wet
Village
(1)
Inam ayan
zamin-
Taluk
(4)
(5)
(6)
(7)
(8)
(9)
Acs.
Rs.
P.
------------------------------------------------------------------------------------------------------------------
164
Note:- If the persons interested refuse to make a claim to compensation or omit, without
sufficient reasons, to make such claim, the amount to be awarded by the court in the event of
a reference being made to it on application made by them, shall in no case exceed the
amount awarded by the Collector under Section 11 of the Act.
G.O.Ms.1745, Rev., dt. 9-6-1959.
G.O.Ms. 1763, Rev., dt. 28-8-37. B.P. 36, Press, dt. 20-4-38.
G.O.Ms. 420, Rev., dt. 7-3-33.
B.P. 22, dt. 21-3-33.
G.O.Rt. 161, Rev., dt. 15-3-57.
165
FORM 7
Notice under Sections 9 (3) and 10 of the
Land Acquisition Act I of 1894 (India)
Collector of .. District.
Notice is hereby given that State Government propose to acquire the lands mentioned
in the list below, which are required for a public purpose under Act I of 1894 (India). Your are
required to appear in person or by authorized agent on ...
.
before
at
. State .
Showing the nature put in statement in writing signed by your or your authorized agent
of your interest in the lands the amount of compensation for such
interest with particulars thereof and your objections (if any) to the measurement made under
Section 8 of the Act and to put in a statement containing so far as may be practicable, the
name of every other person possessing any interest in the land or any part of it as coproprietor, sub-proprietor or mortgage, tenant or otherwise the nature of such interest and
the rents and profits (if any) received or receivable on account of it for three years next
preceding the date of the statement.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Acs.
166
Remarks
Assessment
Extent
Field No
Wet
Inam ayan
zamin-
Name of owner
or registered holder
or other person
interested in the land
Village
Taluk
(9)
Rs.
P.
---------------------------------------------------------------------------------------------------------------------Note:- If you fail to make a claim to compensation or omit without sufficient reason to make
such claim, the amount to be awarded by the court in the event of a reference being made to
it on your application, shall in no case, exceed the amount awarded by the Collector under
Section 11 of the Act.
167
FORM 8
Award
No .dated made by.
.. under Section 11 of the Land Acquisition Act I of 1894.
Whereas an extent of land measuring acres ..
And situated in the village of
In the taluk .... In the registration sub-district of
. In the district of and registered
in the name of or occupied by, the person specified below, has been declared by State
Government at page of the Fort St. George Gazette, part. . Dated
. To be needed for .
. the undersigned circumstances connected with the
acquisition as here before set forth, makes the following award under his hand:(i)
(ii)
(a)
(3)
168
(b)
(c)
(d)
169
Date :
FORM- 9
Notice of Award U/s 12(2) of the Land Acquisition Act-I of 1894
Take Notice that the Award with the following particulars has been 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 ,
..
Vilage/Mandal/ Sy.No: Extent
District
( in
acres)
Name of the
interested person
to whom the
amount is
awarded with
apportionment
there of
4
Amount
per acre in
Rs
Total
amount in
Rs
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.
Office of the Special Deputy Collector( L.A)
Project
District
TO
Sri/Smt
Copy to the Mandal Revenue Officer , Mandal. He/She is directed to depute
the village Revenue Officer, concerned along with Village Accounts on the day fixed for
disbursement of cheques to the awardees
170
FORM 10
Form of letter from the Land Acquisition officer to the
department concerned to receive possession of the land
No ...
..OFFICE
..19
from
Land Acquisition officer,
To
Reference---- Acquisition of land for
SIR
With reference to the correspondence ending with ..
Letter No .. I am to inform you that
acres cents of land have been acquired on your behalf.
Please arrange to depute an officer of your department to take possession of the land
from the Revenue Inspector of .
at .on 19
Yours faithfully,
Land Acquisition Officer.
171
FORM 12
Statement of land required to be temporarily
Occupied for (note the purpose here)
. .
District Taluk
Village
Description of
Name of
Boundaries of the
Land, inam or
owner or
land required to
Government,
occupier
North East South West
Wet or dry, with
Survey or paiMash number or
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
.
.
The Authority sanctioning the
Estimate for the work for
Extent to
The probable
the land is required i.e.,
The amount
The total
be occupied compensation
whether sanctioned in a
of the sanctioned amount
Government Order or by
estimate
provided
the Superintending, Engineer
for land
in his Circular Register No.
the
sanctioned
estimate
.
(10)
(11)
(12)
(13)
(14)
172
FORM 13
Return of lands acquired under the Land Acquisition Act (to be forwarded to the Registration Department )
(2)
(3)
Name and
designation
of the
officer who
made the
award
Date
of
Award
Names of
the subdistrict
and
village
3-a
Classification
of lands as
Government or
Inam or
zamindari land
as wet, dry or
garden
3i
(4)
(5)
4a
4 b
4c
Name
including
rank and
title
4d
5a
Fathers name in he
case of males, and the
husbands name in the
case of females, when
a person is usually
described as the son of
his mother, then his
mothers name
5b
5-c 5-d 5-e
Caste
Amount or
value of
compensation
awarded
Profession
The
The nature of
purpose for compensation
which the
awarded
transfer was
made
Residence
Natuere of
interest in
immoveable
property
transferred
(6)
Name and
description
of the
person to
whom the
property has
been
transferred
5-f
Remarks
(1)
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
(1-a)
(1-b)
(1-c) (1-d) (1-e)
(1-f)
174
(2)
(3)
(1-i)
(1-j)
(2)
(3)
(4 a)
(4-b)
(4-c)
(4-d) e
Caste
(1)
Name and description of property granted in exchange Boundaries
Name of the
Nort East Sout West Exte
sub-district
h
h
nt
village
Remarks
(1-g) (1-h)
FORM 15
-----------------------------------------------------------------------------------------------------------------------------------------------------------------(4)
Name
Number
Extent
Proportion Date of Date of
of
& name
ate rent or sale
payme
estate
of field, if
peshkush
nt
or
any
number
title
deed, if
inam
-----------------------------------------------------------------------------------------------------------Acs.
Rs. P.
Rs. P.
-----------------------------------------------------------------------------------------------------------G.O. Ms. 1763. Rev., dt. 28-8-1937
B.P. 36, Press, dt. 20-4-1938
G.O. Ms. 1005, Rev., dt. 3-5-1941
B.P. Ms. 3065, dt. 15-11-1941.
District
Assessment
Taluk
and
Villag
e
Form 16
Schedule under section 19 (2) of the Land Acquisition Act, giving
particulars of statements made in writing
-----------------------------------------------------------------------------------------------------------From whom Date of
Date of
abstract of
Remarks
Statement
receipt
statement
------------------------------------------------------------------------------------------------------------
175
FORM 19
Special register of papers relating to acquition of land for public purpose
------------------------------------------------------------------------------------------------------------------------------------------------------------------
Serial Date of
Department Purpose of
No.
requisition from which acquisition
the
requisition
has been
received
Date of
submission
of
notification
under
S 4(1)
Date of the
publication
of the
notification
in the
official
gazette
Number
and date of
the letter
submitting
the draft
declaration
under
Section 6.
(1)
(5)
(6)
(7)
(2)
(3)
(4)
Date of the
publication
in the
official
gazette of
the
declaration
under
Sec.6
(8)
Date Serial
Date of
of the No. and
taking
award date of
possession
the
award
statement
Date of
completion
of
proceedings
& closing
of the file
(9)
(12)
(10)
(11)
176
FORM 20
(A)
(4)
(5)
(6)
(7)
Remarks or causes of
abnormal delay at any
stage from the date of
application. If remarks
are lengthy space under
columns (5) (
Subject in brief
(3)
Date of Award
(2)
Date of Publication of
declaration under Section
6
Date of application
(1)
Date of publication o f
notification under Section
4 (1)
Serial number
...
(8)
..
B.P. press, 10, dt. 25-5-44
177
FORM 21
Land Acquisition Check-Memorandum
Questions
Answer
1.
2.
3.
4.
5.
6.
7.
9.
178
13.
14.
Are
the
acknowledgments in respect of them in the
file?
15.
16.
17.
179
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
180
28.
29.
30.
31.
If the acquisition involved new field or subdivision, has the case been entered in
Taluk- 8A Register? If so, what is number
of the item in the register?
32.
33.
181
G.O.
G.O.
G.O.
G.O.
G.O.
G.O.
G.O.
G.O.
G.O.
34.
35.
36.
37.
38.
B.P.
B.P.
B.P.
B.P.
B.P.
B.P.
B.P.
B.P.
182
FORM 25
Cancellation Notification
(I)
Under sub-section (I) of Section 4 of the Land Acquisition Act 1894 (Central Act 1 of
18940, THE government of Andhra Pradesh hereby rescinds the -----------------------------------Department Notification No--------------------------- Department of ---------------------------------dated the --------------------------------------------------- published at page -----------------------------of
part ------------------------- Section ---------------------------- of the Andhra Pradesh Government
Gazette, dated the --------------------------------------( II )
Whereas the land/lands specified in the Schedule below has/have been notified after
the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967
(Central Ordinance, I of 1967), under sub-section (i) of Section 4 of the Land Acquisition Act,
1984 (Central Act I of 1894), in Department Notification --------------------------------- dated the --------------------------------------- published at ------------------------------------------------- of part- ---------------------------------------- of Section -------------------------------------- of the Andhra Pradesh
Government Gazette, date the -------------------------------------------------.
And, whereas, three years having expired from the date of publication of the said
Notification under sub-section ( I) of Section 4 of the Land Acquisition Act. 1894 (Central Act
I of 18940, THE PROVISION TO section 3 (a) (ii) of the Land Acquisition (Amendment and
Validation ) Act, 1967 (Central Act 13 of 1967), prohibits the making of a Declaration under
Section 6 of Central Act I of 1894, in respect of the said land/lands.
Now, therefore, under sub-section (I) of Section 4 of the Land Acquisition Act 1894
(Central Act I of 1894), the Governor of Andhra Pradesh hereby cancels the said ---------------------------------------------------------- Department Notification No. ------------------------- dated the ------------------------------------------------------.
THE SCHEDULE
---------------------------- district, -----------------------------------taluk, ---------------------------village,
dry/wet. S.No. ---------------------------- belonging to (1) ------------------------(2)-------------------------------(3) --------------------------------- etc., bounded no the North by S.No.--------------------East -----------------------South by S.No. ---------------------------------- and West by S.No. ------------------------------- Total extent:---------------acres.
( IIII )
Whereas the land/lands specified in Part A and Part B of the Schedule below has
have been notified after the commencement of the Land Acquisition (Amendment and
183
Validation ) Ordinance, 1967 (Central Ordinance I of 1967), under sub-section 4 of the Land
Acquisition Act, 1894 (Central Act I of 1894), in ------------------------------ Department
Notification --------------------------------- dated the ---------------------------------------- published at ------------------------------------------------ of part- ----------------------------------------- of Section ------------------------------------- of the Andhra Pradesh Government Gazette, date the ------------------------------------------------.
And whereas, before the expiry of three years from the date of publication of the said
Notification under Sub-section (1) of Section 4 of the Land Acquisition Act, 1894 (Cemtra; Act
I of 1894), (Central Act I of 1894), a declaration/ declarations has/have been made under
Section 6 of Central Act I of 1894, in respect of the land/lands specified in Part A of the
Schedule below;
And whereas, three years having expired from the date of publication of the said
notification under sub-section (1) of Section 4 of the Land Acquisition Act, 1894 (Central Act I
of 1894) the proviso to Section 3 (a) (ii) of the Land Acquisition (Amendment and Validation)
Act 1967 (Central Act 13 of 1967), prohibits the making of a Declaration under Section 6 of
Central Act I of 1894, in respect of the land/lands specified in Part B of the Schedule below:
Now, therefore, under sub-section (1) of Section 4 of the Land Acquisition Act, 1894
(Central Act I of 1894), the Governor of Andhra Pradesh hereby cancels the said ------------------------------------------ Department Notification
No. ------------------------------- dated the --------------------------------------- in so far as the said Notification relates to the land specified in Part
B of the Schedule below.
184
THE SCHEDULE
PART A
---------------------------- district, -----------------------------------taluk, ---------------------------village,
dry/wet. S.No. ---------------------------- belonging to (1) ------------------------(2)-------------------------------(3) --------------------------------- etc., bounded no the North by S.No.--------------------East -----------------------South by S.No. ---------------------------------- and West by S.No. -------------------------------Total extent:---------------acres.
PART B
---------------------------- district, -----------------------------------taluk, ---------------------------village,
dry/wet. S.No. ---------------------------- belonging to (1) ------------------------(2)-------------------------------(3) --------------------------------- etc., bounded no the North by S.No.--------------------East -----------------------South by S.No. ---------------------------------- and West by S.No. -------------------------------Total extent:---------------acres.
THE SCHEDULE
---------------------------- district, -----------------------------------taluk, ---------------------------village,
dry/wet. S.No. ---------------------------- belonging to (1) ------------------------(2)-------------------------------(3) --------------------------------- etc., bounded no the North by S.No.--------------------East -----------------------South by S.No. ---------------------------------- and West by S.No. -------------------------------Total extent:---------------acres.
*******
185
1.
2.
3.
4.
Dated: 22-03-2006
Read the following:
G.O.
G.O.
G.O.
G.O.
Ms.
Ms.
Ms.
Ms.
No.
No.
No.
No.
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.
District Collector
..
Chairman
ii.
..
Convenor
187
iii.
..
Member
iv.
..
Member
v.
..
Member
vi.
..
Member
vii.
Member
..
Member
..
Member
viii.
ix.
(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 Honble Supreme Court of India.
(3)
If the above two methods are not applicable for any reasons, the Land Acquisition
Officers may follow the guidelines indicated in the Annexures appended to this
order
188
II.
that region.
(iii). Trees with healthy growth, good productivity and free from pests and diseases.
Category B:-
(i)
region.
(ii)
productivity which among other reasons could be due to prescribed spacing not being
observed, etc.,
Category C:-
(i)
(ii)
189
The Assistant Director or concerned Officers should personally inspect the garden,
count the number of trees and first categories the Orchard following guidelines enunciated
above. Before assessing the amounts payable under the category, he should verify whether
recommended
management
practices
like
training,
pruning,
manuring,
irrigation,
Having thus verified the management practices and categorized the Orchard into one
of the above three categories, depending on whether the Orchard is at pre-bearing or fruit
bearing stage, valuation may be arrived at as follows:
III.
(1)
The category under which the Orchards falls i.e., whether it is category A or B
(2)
The market value of he land alone may be arrived at, on the basis of bonafide
and comparable sales of similarly placed lands, following the guidelines as may be
prescribed from time to time.
(3)
Apart from market value of lad so arrived at, an amount upto the maximum of
the total cost of cultivation (being the non-recurring and recurring cost), depending on the
age, category of Orchard and the management practices observed may be awarded as
compensation:-
(a) The Orchard which falls in category-A may be awarded compensation upto
maximum of the cost of cultivation depending on the age of plants as per Annexure II.
(b)
80% of the amounts as indicated in Annexure-II depending on the age of the Orchard.
190
(c)
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
(I)
Depending on the growth and condition of the Orchard, the category under
which the Orchard falls i.e., whether it is category A or B or C, may be identified at the outset
on the basis of the guidelines indicated under para II above.
(ii)
Just as envisaged for pre-bearing Orchard, the market value of the land may be
arrived at, on the basis of bonafide and comparable sales of similarly placed lands following
the guidelines that may be prescribed from time to time.
As seen from the foregoing paras the fruit bearing Orchard is therefore entitled for
compensation as follows:
Market value of the land + compensation upto the maximum of the total cost of
cultivation depending on category of Orchard and management practices observed + net
returns from the Orchard for a period equivalent to pre-bearing period depending on category
of Orchard + damages equivalent to net returns from the Orchard for a period of one year
depending on the category of Orchard.
The compensation for a fruit bearing Orchard may therefore be awarded as per rates
shown in Annexure-III as follows:-
191
Market value of land + cost of cultivation upto the maximum amounts indicated in col
6(i) or 6(iii) as the case may be + 7(i) or 7(ii) or 7(iii) as the case may be + 8(i) of 8(ii) or 8(iii)
as the case may be of Annexure III. As shown in Annexure IV (ii).
PROCEDURE FOR VALUATION OF FRUIT BEARING ORCHARDS WHERE REMAINING
BEARING PERIOD IS LESS THAN GESTATION PERIOD
Wherever the remaining fruit bearing period is less than the pre-bearing period, the
net returns, depending on the category of crop will be restricted to the remaining number of
years of bearing period i.e., the compensation payable for such Orchard will be the market
value of the land alone + net returns for the remaining fruit bearing period depending on the
category of Orchard as shown in Annexure IV(iii).
GUIDELINES FOR VALUATION OF ORCHARDS WHERE MIXED CROP IS RAISED
A)
Pre-bearing Stage:
(1)
For pre-bearing Orchard where two or more perennial horticulture species are
raised in the same garden as intercrop, depending on the condition and the growth, the main
crop shall be categorized either under B or C.
(2)
(3)
Apart from market value of land, damages equivalent to a maximum of the total
cost of cultivation shall be payable for the main crop depending on whether the category is B
or C and depending on the age of the plants.
(4)
Where the prescribed spacing is observed for both main and inter-crop, the
proportionate cost of cultivation restricting to the number of trees subject to optimum number
for the inter-crop duly classifying it under (C) may be paid as damages.
192
(5)
In case where prescribed spacing is not observed, cost of cultivation will not be
(6)
If the number of trees are less than the optimum number as prescribed in col. 3
Bearing Stage:
(1)
In a bearing Orchard when two or more perennial horticulture crops are raised
as inter-crop depending on the condition, the growth of the crop and management practices
observed, the main crop shall be categorized under B or C.
(2)
(3)
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)
Annexure II, compensation payable towards cost of cultivation, net returns as indicted
above shall be fixed proportionately.
(9)
Note: If the number of trees in a Orchard is more than the optimum number
prescribed for either the main crop or the intercrop the total amount payable either towards
cost of cultivation or for net returns, etc., shall be restricted to the optimum number indicated
in Annexure II depending on the category of the crop.
VALUATION OF SCATTERED OR ISOLATED TREES
(1)
Isolated and scattered trees will not normally be given the recommended
package of practices as prescribed, and they will therefore be treated as under category C
and proportionate amounts towards damages be paid on tree basis.
(2)
The entire amount so payable by following the guidelines given under II A or IIB
(3)
(I)
Pre-Bearing:
towards damages depending on the number of trees, the age, category and the management
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practices observed, as indicated under item II-A shall be paid towards the pre-bearing
Orchard.
(ii)
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.
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 (prebearing or bearing) and compensation for each Horticulture species and details for the total
compensation to be paid for each Horticulture species as per the guidelines above are given
in Annexure-I, II and III respectively. Annexure IV gives model examples of calculation by
third method.
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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