Landacquisition - Act - 1894

LAND ACQUI SITION ACT, 18 94
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
1.
Important Instructions 21 – 50
2.
3. District and State level Negotiation Committee Rules 51 - 74
5. Instruction on Land Assigned 75 - 82
6. Award 83 – 84
7. Decretal Charges 85 -152
8. Forms 153 – 185
9. G.O. Ms. NO. 357 Revenue (LA) Dept., dated 22-3-2006 186 - 252
– Guidelines for valuation of orchards in the State
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LAND ACQUISITION – IMPORTANT FEATURES
I. PREAMBLE
1.1 Concept and Objective : With the enormous expansion of State’s

activity in promoting public welfare, acquisition of private lands for
public purpose has become far more numerous than ever before.
Promotion of public purpose to be however balanced with the rights of
individuals, whose lands are acquired depriving them of their
livelihood, while at the same time keeping in view the interests of the
State. State Government have power to acquire private lands under
the exercise of Eminent domain for any public purpose and for
companies under the L.A. Act 1894. If land not already property of
Government is permanently required for a public purpose to be
invariably acquired under the Act as it confers an indefeasible title
(BSO 90(1)(ii)).
1.2 Constitutional Provisions: Article 31-A of the Constitution of India

stipulates payment of compensation at a rate which shall not be less
than the market value.
1.3 Acquisition by the State does not infringe any of the rights conferred by
Article 14 or 19 of the Constitution of India.
(Equality before Law and right to freedom)
1.4 L.A. (Amendment) Act, 1984 came into force with effect from 24-09-
1984.
1.5 Date of introduction of Bill in the House of the People is 30-04-

1982.
1.6 Transitional Provisions :-
i) Provisions of sub-section (1-A) of Section 23 (Addl. Market

Value) of the Principal Act apply to every proceedings for
acquisition, pending on 30-04-1982 and Proceedings
commenced after that date and completed or pending as on 24-
09-1984 i.e. the commencement of the Amendment Act – Refer
Section 30 of the Amendment Act.
ii) Provisions of sub-section (2) of Section 23 (Solatium) and

Section 28 (Interest to be awarded by Court) apply to awards of
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Collectors and Courts passed after 30-04-1982 and before 24-
09-1984.
iii) Provisions of Section 34 (Interest to be awarded by Collector)

apply to (a) cases of possession of land taken before 30-04-
1982 and compensation not paid till such date, w.e.f. that date
i.e., 30-04-1982 and
(b) to cases where possession taken on or after 30-04-1982
but before 24-09-1984 without payment of compensation
with effect on and from the date of taking possession.
2. DEFINITIONS
2.1 “Land” includes benefits to arise out of land and things attached to the
earth. – Refer Section 3(a)
2.2 “Person interested” includes all persons claiming an interest in

compensation. A person shall be deemed to be interested in land, if
he is interested in an easement affecting the land (Section 3(b) of the
Act). Beneficiary is also a person interested – Refer Neyvely Lignite
Corporation Ltd., Vs Special Tashildar (LA) (1995)1-S.C.C 221 Also
refer Section 50-2.
2.3 “Collector” means the Collector of a District and any officer, specially
appointed by Government to perform the functions of a Collector under
the Act. (Section 3(c) of the Act).
2.4 “Court” means a Principal Civil Court of original jurisdiction. (Section

3(d) of the Act)
2.5 “Corporation” owned or controlled by the State means any body

corporate established under a Central or State Act and includes a
Government Company, as defined in Section 617 of the Companies
Act 1956 (Section 3(C.C)).
2.6 Company means a Company as defined in Section3 of the Companies

Act 1956, other than a Government Company, a registered Society
and a Cooperative Society (Section 3 (e)).
2.7 “Public purpose” includes a purpose which the general interest of the
Community, as opposed to the particular interest of individuals is
directly or vitally concerned . It generally includes provision and
extension of village rites, provision of land for town and rural planning,
provision of land for planned development from public funds, provision
of land for a Government Corporation provision of land for residential
purposes to the poor, provision of land for carrying out any
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educational, housing, health or slum clearance scheme, sponsored by
Government or a local authority, but does not include acquisition of
land for Companies. (Section 3 (f) of the Act).
3. DELEGATION OF POWERS AND DUTIES TO THE DISTRICT
COLLECTOR
3.1 State Government may, by Notification in the official Gazette, direct

that any power conferred or any duty imposed on them by the Act be
exercised or discharged by the “District Collector”
(Section 3-A of the Act)(Inserted by State Amendment Act 22
of 1976)
II. PRELIMINARY PROCEEDINGS
4.1 While selecting land for acquisition, Requisitioning Department to see

that the public interest and Government interests are considered.
(BSO 90(3)).
4.2 Requisitioning Department to send application in Form-1 to the L.A.O

marking copy to the District Collector indicating purpose of acquisition,
provision of funds along with a plan of the land, details of S.No. wise
extents, boundaries and the name and designation of the officer
nominated for joint inspection. (BSO 90(6)(ii)).
4.3 In scheduled areas, before taking up acquisition, Gram Sabha or

Panchayat to be consulted as per Panchayats (Extension to the
Scheduled Areas) Act, 1996. – Refer Govt. Memo No.22836/ LA(2)/99
Revenue (L.A) Department dated.10-01-2001.
III. DRAFT NOTIFICATION STAGE
5. DRAFT NOTIFICATION U/S 4(1)
5.1 Meant for information of the people concerned and shows the intention
of the Government to acquire a particular land.
5.2 Also empowers the authorised officers etc., to enter upon the land and
conduct survey etc.,
5.3 Date of Publication of the Notification crucial for determination of the

market value of the land.
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5.4 Government or the District Collector to publish Notification U/S 4(1) of
the Act in the official Gazette and in two daily News Papers of which
atleast one shall be in regional language.
5.5 Public Notice of the substance of Notification also to be given in the

locality.
5.5(a) State Amendment of Section 4 regarding service of public notice within

40 days from 4(1) Notification got diffused on introduction of Central
Amendment Act, 68 of 1984.
- Refer Article 254 of the Constitution of India. Also refer 1996-LACC
(Suppl.) 538-S.C
5.6 The last of the dates of publication shall be the date of publication.
5.7 The Notification has to be issued in Form 2-A for the purpose of State
and in Form 2-B for the purpose of the Union. It serves a two fold
purpose. One is to decide whether the land is needed for a public
purpose. The other one is to give an opportunity to persons interested
to put forward their view that the land is not required for a public
purpose. There shall not be any delay at Draft Notification stage to
avoid escalation in the market value.
5.8 Cases of inclusion of Government lands and Government assigned

lands in the Draft Notification and Draft Declaration noticed. On the
directions of the Courts, awards had to be passed resulting in
avoidable heavy expenditure and consequential enhancement of
compensation. No land which is already property of Government to
be acquired. (Para 1(i) of BSO 90).
Government cannot acquire it’s own land – 1995 - Supplementary (3)

S.C.C. Cases 249.
5.9 (i) Civil Court jurisdiction in L.A barred –Refer 1999-6 ALT - Page
122.
(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 1995-

S.C 1955.
5.10 After 4(1) Notification is issued, L.A. proceedings can be cancelled by

Notification in Form-25, in case lands not required.
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IV. DRAFT DECLARATION STAGE
6.1 Enquiry U/S 5-A : Any person interested may, within thirty days of
causing public notice U/S 4(1), object to the acquisition of land.
(Section 5-A(1)of the Act).
6.2 Every objection shall be made to the Collector in writing. (Section 5-

A(2).
6.3 Collector to give to the objector an opportunity of being heard and after
hearing and further inquiry, to make a report, containing his
recommendations to the Government or the District Collector for
decision and such decision shall be final. (Section 5-A(2) of the Act).
6.4 Notice U/s 5-A shall be in Form-3.
7. SURVEY AND SUB-DIVISION WORK
7.1 Demarcation and Sub-Division work based on enjoyment on ground to

be taken up immediately after publication of 4(1) Notification, after
service of notices U/S 6 of the S&B Act, 1923.
7.2 Sub-Division records to be got scrutinised by the DIOS, concerned .
8. DRAFT DECLARATION U/S 6
8.1 Government or the District Collector, after considering the report U/S
5-A, to make declaration U/S 6 of the Act within one year from the date
of publication of the Notification U/S 4(1). (Section 6(1) of the Act).
8.2 Period of stay, if any, granted by a Court to be excluded.
8.3 To be published in the official Gazette and in two daily News Papers of
which at least one shall be in regional language. (Section 6(2) of the
Act).
8.4 Collector to cause public notice of the substance of such declaration to

be given at convenient places in the locality. (Section 6(2) of the Act).
8.5 The last of the dates of such publication to be the date of publication of
the declaration. (Section 6(2) of the Act).
8.6 Such declaration shall be the conclusive evidence that the land is
needed for a public purpose. (Section 6(3) of the Act).
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8.7 After the declaration, Collector to take order for acquisition. (Section 7
of the Act).
8.8 No such declaration to be made unless the compensation to be

awarded is to be paid wholly or partly out of public revenues or some
fund controlled or managed by a local authority. (Section 6-1 of
A.P. Act 22 of 1976 – Section-2).
8.9 The Declaration shall be issued in Form 5-A for the purposes of the
State, in Form 5-B for the purposes of the Union and in Form 5-C for a
local authority.
8.10 Draft Declaration proposal to be accompani ed by record of enquiry U/S

5-A, objection petitions and a statement reconciling the particulars of
Draft Notification with those of Draft Declaration.
8.11 Structures, trees etc., affected also to be included in the Notification

U/S 4(1) and Declaration U/S 6.
8.12 Any changes in proposed acquisition to be incorporated by way of

Amendment / Addendum / Errata to the D.N and D.D.
9. SPECIAL POWERS IN CASE OF URGENCY
9.1 In case of urgency Collector may, on the direction of the government or

the District Collector take possession of any land needed for public
purpose on the expiry of fifteen days from the publication of the notice
under Section 9(1) before passing award. Such land shall there upon
vests with the Government free from all encumbrances. (Section 17(1)
of the Act).
9.2 Applies to any waste or arable land. (Explanation under Section 17(1)
of the Act).
9.3 Certain instances of urgency illustrated in Section 17(2).
9.4 Before taking possession, Collector shall tender payment of 80% of the
compensation to persons interested.
(Section17 (3-A)(a) of the Act).
9.5 In case urgency, provisions are invoked, provisions of Section 5-A

shall not apply, and a declaration may be made U/s 6, after causing
public notice U/S 4(1). (Section 17(4) of the Act).
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9.6 The question of urgency of an acquisition under Section 17(1) and (4)
is a matter of subjective satisfaction of the Government.
9.7 It should be decided whether on the date of Notification there is

urgency or not.
9.8 Simultaneous Publication of 4(1) Notification and Declaration U/S 6
can be made. At least one day gap is mandatory between Section 4(1)
Notification and Declaration.
(Sec 1997(9) Sec 132).
9.9 State Amendment of Section 17(5) regarding taking possession within

three months of causing public notice became repugnant after Central
Amendment.
- Refer Article 254 of the Constitution of India and 1991(1) APLJ

330 (D.B).
V. PRELIMINARY VALUATION STAGE
10.1 Details of registered sale transactions for a period of three years,

preceeding the date of 4(1) Notification to be obtained from the Sub-
Registrar concerned and shown in a combined sketch.
10.2 Valuation of structures, trees etc., also to be got prepared by

concerned.
10.3 Statement to be prepared and submitted in Form-4 and got approved

by the Joint Collector / Special Collector concerned.
VI. AWARD STAGE
11. AWARD ENQUIRY NOTICES
11.1 Collector to cause public notice to be given at convenient places on or

near the land to be acquired inviting claims to compensation for all
interests in land. Notice to be in From-6. (Section 9(1) of the Act).
11.2 Such notice to state particulars of land so needed, requiring all persons
interested to appear personally or by agent before the Collector at a
time and place specified and to state in writing the nature of their
interest, amount and particulars of their claims to compensation and
objections to measurements. Such time not to be earlier than 15 days
after the date of publication of the notice. (Section 9(2) of the Act).
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11.3 Collector also to serve Notice on the occupier of the land and on all
persons interested. Notice to be in Form-7. (Section 9(3) of the Act).
11.4 Section 9 thus mainly intended to give notice of intention to acquire

and gives an opportunity to all persons interested to put forward their
claims.
12. ENQUIRY AND AWARD BY COLLECTOR
12.1 On the day fixed, Collector to enquire into the objections of the persons
interested, to the measurements, value of the land at the date of the
publication of the Notification U/S 4(1) and into the respective interests
of the persons claiming compensation and make an award of
(i) True area of the land

(ii) Compensation to be allowed and
(iii) the apportionment of compensation among all persons
interested. (Section 11(1) of the Act)
12.2 No award to be made by the Collector without the previous approval of

the State Government or the superior officer, authorised by the State
Government. (Proviso to Section 11(1) of the Act).
12.3 District Collectors, Joint Collectors and Special Collectors authorised to

accord approval to the awards vide Notification issued in
G.O.Ms.No.1843 Revenue(k)Department, dated. 13-12-1984.
12.4 Award is merely an offer made on behalf of Government to the owner

of the property.
- Refer Raja Harish Vs Dy. LAO (1962)
- SCJ 696 AIT 1961 – SC 1500 - 69 Bombay
- L.R 1967 – Mah. LJ 505 – AIR 1968 – Bombay 31.
12.5 Award deemed to be made when Collector draws up and signs the
same. It shall be in the from prescribed i.e., Form-8.
- Refer AIR 1991 – Del 132.
12.6 Award becomes final, when filed in Collectors’ Office.

(Section 12(1) of the Act)
12.7 Award takes effect, after communication to persons interested.

- Refer 1957 – ALT 34 (NRC)
12.8 Separate awards for different interests in the same land not to be
passed. LAO to pass award for a particular land extinguishing all
10
interests of a person in the land to get absolute title free from all
encumbrances.
- Refer Para 4 – Chapter VIII – B.S.O. 91.

- Supplemental awards prohibited – Refer BSO 90, Para 17.
12.9 Award to be passed within two years from the date of publication of
Draft Declaration U/S 6. (Section 11-A of the Act).
12.10 In cases where advance possession of land is taken, limitation period

of two years does not apply.
- Refer AIR 1993 – S.C. 2517 and Government Memo

No.63070/ LA2/98 Revenue (L.A) Department dated.30-03-1999.
1998 (4) ALT 554, 1996 SC 122, 1996(6) SCC 425.
12.11 Period of stay, if any, granted by a Court to be excluded. (Explanation

under Section 11-A of the Act).
12.12 Provision made for passing consent awards as per the agreement with
the persons interested. (Section 11(2) of the Act).
12.13 Government made rules in –

(i) G.O.Ms.No.1050 Revenue (L.A) dt.17-10-1992 read with
G.O.Ms.No.594 Revenue(L.A) dt.10-08-1998 etc., constituting
the District Level Committee, under the Chairmanship of the
District Collector and in
(ii) G.O.Ms.No.431 Revenue(L.A) dt.18-6-1998 constituting the
State Level Negotiation Committee, under the Chairmanship of
the CCLA for the above purpose.
12.14 Provisions of Section 18 not applicable in consent awards.
12.15 Only clerical or arithmetical mistakes in the award may be corrected by

the Collector within six months from the date of award or before
making reference to the Court U/S 18. (Section 13-A of the Act) –
1999-3 ALT – Page 227.
12.16 Even Government also cannot question L.A.Os’ award since it is

made on its behalf.
- Refer 1996(6) – SCC 454
12.17 Government empowered to call for any record of proceedings (whether

by enquiry or otherwise) before the award is made and pass such order
or direction – Refer Section 15-A.
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12.18 Land once acquired for a public purpose and vested with Government
not to be reconveyed to original owners. It shall be used for any other
public purpose.
- Refer 1996(6) SCC 405. Also refer G.O.Ms.No.783 Revenue
(L.A) Department dt.9-10-1998.
- Refer 2005 (1) ALT 36 SC, 2005(1) SCC 545, 2004 SC 850,
2003 SC 234.
12.19 Matters to be considered in determining Compensation : Market

value of the land at the date of publication of Notification U/S 4(1) and
damages sustained by land owner at the time of taking possession of
the land. (Section 23(1) of the Act).
12.20 Market value means the price which the asset would fetch in the open
market. It is also the price paid by a willing Purchaser to a willing
Vendor. It should be just and reasonable.
12.21 Comparative sales method of valuation, though not always

conclusive, is preferred because it furnishes evidence. Sale must be
genuine transaction. Sale must have been done at the time proximate
to date of 4(1) notification. Land covered by sale must be in the
vicinity. Land covered by sale must be similar to land acquired. The
size of the land covered by sale to be comparable to land acquired.
12.22 When not possible to secure comparable sales, to resort to
capitalisation method by multiplying the annual yield by ten years
multiplier. – 1996 SC 106.
- Refer Addl. Spl. LAO Vs Y.B.Chalwadi (1994) 3 – SCC 323.
12.23 The other methods are (i) opinion of experts and (ii) a number of years’
purchase of the actual or immediately prospective profits of the land
acquired. These two methods are to be generally resorted to in the
case of lands with buildings, topes etc.,
- Refer AIR 1959 – SC 429
12.24 Separate market value for wells, topes and buildings not allowable. In
such cases, capitalization method is to be adopted.
- Refer O.Janardhan Reddy Vs SDC, LA, Unit IV, LMD, Karimnagar,
A.P. – AIR 1995 SC 186 – AIR 1963 A.P. 466. AIR 1959 S.C 429 –
1992(2) ALT 187.
12.24 Other components of compensation :
(i) Amount of 12% (Additional Market Value) per annum on market

value for the period from the date of publication of 4(i)
Notification to the date of award or the date of taking possession
of land whichever is earlier. In computing the period, the period
covered by Court stay to be excluded. (Section 23-1A of the
Act).
12
Here possession means possession taken under Sections 16
and 17 and not possession taken prior to 4(1) Notification which
is not lawful – Refer 2003(9) Scale 637 – 2004(9) SCC 337,
2004(1) LA CC 158. Thus, additional market value payable
from the date of 4(1) Notification and not for the period prior to
4(1), though possession taken.
(ii) Sum of 30% (Solatium) on market value in consideration of

compulsory nature of acquisition. (Section 23(2) of the
Act).
(iii) Interest @ 9% per annum on compensation from the date of

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

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

solatium – Refer C.A.No. 6271/1998 and Batch dated. 19-9-
2001 – Supreme Court of India.
(vi) Such obligation to pay interest under a Court Decree to be

limited to the language of the decree as finally settled. – Refer
Govt. Memo No.25646/ LA2/2002 Revenue (L.A) Department
dt.12-11-2002 (with former A.G’s considered opinion).
(vii) Award of interest U/S 34 in case possession taken prior to 4(1)

Notification not permissible. Land owner entitled to only rent /
damages for use of land for that period.
- Refer AIR 2004 S.C Page 1904-2004(4) SCC 79 – JT
2004(3) SC 272.
(viii) Grant of interest beyond statute not permissible.

- Refer 2001(1) LACC 77(FB) Calcutta High Court (2) 1995(6)
SCC 233.
12.25 Amount of compensation awarded by Court not to be lower than the

amount awarded by Collector. (Section 25 of the Act).
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13. Matters to be neglected in determining compensation :-
Degree of urgency, disinclination of the person interested, damage

caused by a private person, increase in the value of the land, improvements
made after 4(1) Notification etc.,
VII. POST AWARD STAGE
14.1 Collector to give immediate notice of his award to the persons

interested as are not present when award made. (Section 12(2) of the
Act).
– Refer format prescribed by Government in Memorandum
No.109065/ LA2/90 Revenue (LA) Department dt.25-3-1991. Copy of
Award Proceedings need not be given
14.2 On making award, Collector to tender payment of compensation to

persons interested. Acquittance to be taken in form CC of Appendix I.
(Section 31(1) of the Act).
14.3 Owing to any dispute as to apportionment or persons entitled to

receive compensation, Collector to refer such dispute to Court.
(Section 30 of the Act).
14.4 In case of any dispute as to title or apportionment, Collector to deposit

the amount of compensation in the Court in Form ”D” of Appendix I.
14.5 Collector may, with the sanction of Government, grant other lands in
exchange in lieu of cash compensation. (Section 31(3) of the Act) –
1991(1) APLJ 476 – 1990(2) – L.S. 360.
14.6 Details of payment of compensation, acceptance or otherwise and

amounts not disbursed to be furnished to A.G in Form “A” and “A.A”.
14.7 In case any awardee does not turn up to receive compensation,

amount to be deposited in Revenue Deposits inform “E” of Appendix
I.
15.1 Collector to take possession of the land after award is made.

Thereafter Land shall vest with the Government free from all
encumbrances. (Section 16 of the Act) Also refer Govt. Memo No.
55284/LA2/99 Revenue(L.A)Department dt.27-04-2000 regarding
taking possession of Land.
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15.1(a) In case of urgency possession can be taken U/S 17(1) though no
award made, after expiry of fifteen days from publication of notices
U/S 9(1) & 9(3).
(b) advance possession of lands not to be taken without recourse to
law.
15.2 Recording of Panchanama by Collector in the presence of witnesses

signed by them, would constitute taking possession of Land.
- Refer 1998 – SC1608 (L&T) 1996-SC 3377.
15.3 Government becomes owner only on taking possession of land

and not on passing award.
- Refer ILR (1972)2 Cal 226
15.4 The Notice to take possession from the land owner shall be in Form-10
and the letter to the Department for taking possession shall be in
From-11.
16. INCORPOR ATION OF CHANGES IN VILLAGE AND MANDAL ACCOUNT S
16.1 Sub divisions necessitated by acquisition to be sanctioned by L.A.O.
16.1 (a) MRO to enter changes in Mandal Account No.7 and also in 8-A, if
new fields are formed.
16.2 Then changes to be incorporated in Village Accounts i.e, permanent

“A” Register, Account No.2, 3 and 4.
16.3 New field maps to be inserted in the field Measurement Book / Tippan.
16.4 Issue of Notices U/S 9(2) of Survey and Boundaries Act 1923.
16.5 Final scrutiny of S.D. Records.

16.6 Submission and publication of Notification U/S 13 of the S & B Act
1923.
17. Then L.A.C.M to be submitted.
18. Information to be furnished to Registration Department on lands taken

possession under Section 16 & 17 in Form – 13.
- Refer Para 19(iii) of BSO 90.
19.1 Person interested not accepting the award may, by written application to
Collector, require the matter to be referred to Court, objecting to the
measurements, amount of compensation, persons entitled to it or
apportionment. (Section 18(1) of the Act).
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19.2 Application to be made within six weeks in case the person is present at the
time the Collector made his award.
- Refer Proviso (a) of Section 18(2).
19.3 In other cases within two months from the date of service of notice under
Section 12(2).
- Refer Proviso (b) of Section 18(2). Limitation Act has no application LAO /
Civil Court has no power to condone the delay in filing Section 18
Application. - 1996(9)SCC414 2002(5)ALD 564.
19.4 Two conditions are to be satisfied for reference U/S 18 i.e., application to be
filed within limitation and the compensation should have been received under
protest. 1979 SC 404.
19.5 Onus to prove that compensation awarded is inadequate lies on the

claimant.
- Refer ILR (1972)2 Delhi 780 : AIR
1975 MP 46 (50)38 Cut. LT 1157 (DB)
19.6 Collector to make reference to Civil Court, furnishing details as mentioned in

Section 19 in the form prescribed in Para(18) of Principles & Practice.
(Section 19(1) and (2) of the Act).
19.7 Collector competent to withhold Section 18 applications, if requirements are

not complied with.
- Refer AIR 1927 Mad 282.
19.8 Undue delay in making reference results in escalation of interest.

- 1991 – S.C 1080.
19.9 After Section 18 reference is made to Court, Collector to go to witness box
adduce proper evidence, both oral and documentary and defend his award,
contradicting the claims of the awardees.
19.10 After reference Court or High Court delivers Judgement, Collector to obtain
certified copies of Judgement and Decree without delay, to examine grounds
of Appeal in consultation with the G.P. concerned and to take action for filing
Appeal in case there are grounds.
19.11 Otherwise to take action for sanction and payment of decretal charges without
giving scope for Contempt Cases / E.Ps.
19.12 In the cases of interim orders passed by the High Court / Supreme Court
granting stay of lower Court’s orders, action to be taken by Collector within
the stipulated time either to comply with the orders or otherwise.
19.13 Otherwise, it may result in automatic vacation of stay and ultimate dismissal
of Appeal.
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19.14 If necessar y, extension of time to be sought for in advance.
19.15 Appeal lies from orders of reference Court to High Court and those of High
Court to Supreme Court.
19.16 Time limit is 90 days.

- Refer Article 133 – C of Indian Limitation Act, 1963.
a) Concerned authority can file appeal in the Supreme Court on the advice of
the Government Law Officer, concerned without seeking prior permission.
- Refer G.O.Rt.No.146 Law (L) Department dt.8-2-2001.
19.17 In respect of L.A cases relating to Irrigation Department, Government issued

orders in G.O.Ms.No.34 I & CAD (P.W) Department dt.8-3-2004 constituting
District Level L.A. Monitoring Committee under the Chairmanship of the Joint
Collector to examine and take decision for sanctioning decretal charges in
cases where enhancement is above 50% and below 100%.
19.18 Government in I & CAD Department also issued further orders in

G.O.Ms.No.119 I & CAD(P.W) Department dated.13-10-2004, authorising
District Collectors / Special Collectors to take decision for sanction of decretal
charges where enhancement is 100% or more if the additional financial
involvement is less than Rs. One lakh.
20. REDETERMINATION OF COMPENSATION
20.1 In case the Civil Court enhances compensation, persons interested in

other lands, covered by same notification may, if they are also
aggrieved by Collectors’ award, seek redetermination of compensation
within three months from Court’s award, provided they have not filed
application U/S 18.
(Section 28-A(1) of the Act)
20.2 Ingredients for filing application U/S 28-A :

(i) Application to be made to Collector within three months from the
date of Civil Court’s award.
(ii) Award should have been made by Court after Section 28-A came
into force.
(iii) Applicant should have been a person interested in other lands

covered by same Notification U/S 4(1).
(iv) Applicant should not have made application U/S 18.
(v) Applicant to make only one application U/S 28-A.
17
(vi) Section 28-A applies to only Civil Court order in O.P and does
not apply to orders of Appellate Court i.e, High Court.
- Refer Section 28-A (1)
1995 – SC 2259
1997 – SC 1793 – CLR’s Ref. No.G1/3629/90 dt.31-12-
1990.
20.3 On receipt of application U/S 28-A, Collector to conduct enquiry and

make an award determining the amount of compensation. (Section 28-
A(2) of the Act).
20.4 Any person not accepting Collector’s award U/S 28-A(2) may file
application U/S 18 for reference to Civil Court. (Section 28-A(3) of the
Act).
20.5 When State filed Appeal on enhancement of compensation by Civil

Court, redetermination U/S 28-A to be awaited.
- Refer 1995(2) ALT 32 (SC).
21. TEMPORARY OCCUPATION OF WASTE OR ARABLE LAND
21.1 Government may direct Collector to procure and use any waste or
arable land on temporary basis upto three years on payment of
compensation to persons interested as mutually agreed. (Section 35(1)
and (2) of the Act).
21.2 Acquisition of lands for Companies is governed by Sections 39 to 44-B

and L.A (Companies) Rules 1963.
21.3 Previous enquiry, previous consent of the Government and Agreement

with the Government are required.
(Sections 39, 40 & 41 of the Act).
21.4 Government shall by Notification in the official Gazette to constitute a

Committee called the L.A. Committee.
(Rule 3).
21.5 The purpose of acquisition is to be either for erection of dwelling

houses for workmen, provision of other amenities, construction of
some building or work for public purpose. (Section 40 of the Act).
22. ENFORCEMENT OF SURRENDER OF LAND ACQUIRED
In case of opposition in taking possession of land, Magistrate to enforce

surrender of land. (Section 47 of the Act).
18
23. Owner may require Collector to acquire whole of the land or building in case
only a part is proposed for acquisition, owing to severance. (Section 49 of the
Act).
24. Government at liberty to withdraw from the acquisition of any land of which
possession not taken, Notification to be published in the Form prescribed.
25. In such cases compensation towards damages payable.

(Section 48-2 of the Act).
26. Government empowered to make rules consistent with the Act for the
guidance of officers. (Section 55(1) of the Act).
VIII. GOVERNM ENT ASSIGNED LANDS :
27.1 Assigned lands involved in acquisition not to be taken possession without

issue of formal resumption orders by competent authority.
27.2 In all such cases, exgratia to be paid as per G.O.Ms.No.1307 Revenue

(Assign I) Department dt.23-12-1993 and subsequent orders issued in
G.O.Ms.No.135 I & CAD (P.W – R&R) Department dt.30-11-2004 (In respect
of lands acquired on consent award basis).
- Refer Govt. Circular Memo No.76553/ Assgn I(1)/98-2 Revenue (Assgn I)

Department, dated.27-05-1999.
IX. REHABILITATION AND RESETTLEMENT POLICY :
28.1 Government, vide G.O.Ms.No.68 I & CAD(P.W-L.A IV – R&R) Department

dt.8-4-2005, evolved R & R Policy for project affected families.
28.2 It, interalia, involves allotment of Government land / acquired land, free house
site, grant for house construction, cattle shed, transporting materials, wages,
subsistence allowance etc.,
28.3 Government, vide G.O.Ms.No. 637 Revenue (LA) Department dated. 9-5-
2005, constituted State Level Monitoring Committee under the Chairmanship
of the Principal Secretary, Revenue for reviewing and monitoring progress of
implementation of the scheme.
28.4 Special Commissioner, O/o CCLA, appointed as Commissioner of

Rehabilitation & Resettlement.
- Refer G.O.Ms.No. 638 Revenue (LA) Department dated.9-5-2005.
19
28.5 Officer not below the rank of Joint Collector to be appointed by Government
as Administrator for Resettlement and Rehabilitation.
28.6 Cost of R & R to be integral part of cost of the Project and the requiring body
to provide funds.
- Refer G.O.Ms. No.68 I&CAD(P.W L.A–R&R)Department dt.8-4-2005.
X. TARGETS FIXED FOR LAND ACQUISITION IN RESPECT OF IRRIGATION

PROJECT S (Per L.A. Unit) :
Sl.No. Category Target per Year
1) Submergence Villages 2000 Acres

2) Main Canal 1000 Acres
3) Branches & Distributories 750 Acres
4) Roads 750 Acres
5) Field Channels 300 Acres
- Refer Boards’ L.Dis.NSP1/1678/67 dated. 13-6-1967.

(Reiterated in C.P.Rt.No.239/82 dated.15-2-1982)
XI. Time frames prescribed by CCLA for completion of L.A Proceedings to be

followed – Total period 81 days.
- Refer CCLA’s D.O.Lr.No.G1/884/2004 dated.15-07-2004.
*****
20
PROFILE OF LAND ACQUISITION UNIT
1. Name of the Land Acquisition Unit :
2. Name of the Project for which :

land is required
3. Name of the L.A.O** :
4. Name of the Requisitioning Dept., :

& Date of receipt of Requisition
5. Purpose of Acquisition :
6. Provision of Funds :
7. No. of Reaches involved :
8. Names of the Villages and extents involved under Acquisition :
Extent involved under Acquisition (in Acrs)

Name of the Wet Dry Assigned Allotted Govt. lands Total
Village lands surplus ceiling (Poramboke)
lands
9. Dates of inspection of Lands under :

Acquisition by LAO & Authorised
Officer of Requisitioning Dept.,
10. Date of approval by the Collector : D.N D.D
11. Modes of publication of 4(1) :

Notification & Draft Declaration(6)
in case of urgency provisions invoked
Date of publication Names of News Date of causing
in the Official Gazette Papers & Date publication of the
substance of the
Notification in the
locality
D.N
D.D*
21
* There should be gap of atleast one day between D.N & D.D Publication.
Note:- Govt. / Assigned / Allotted surplus lands should not be included in the D.N &
D.D.
12. Date of submission of P.V.Statement :

to Collector by LAO (Form 4)
13. Date of approval of P.V.Statement :

by Collector
14. Date of causing public notice at :

convenient places on or near the
land, intending to take possession
of the land and calling claims from
the interested persons(Section 9(1))
15. Date of service of notice on the :

Occupier if any and on all interested
persons
16. Date of Enquiry by LAO into :

measurements, value & claims
(Section 11)
17. Date of passing Award and extent

acquired (Section 11) :
18. Date of filing Award copy in the :

Collectorate (Section 12(1))
19. Date of payment of compensation

and taking possession of the land :
(under Panchanama)
20. Date of handing over possession :

to the requisitioning dept.,(Form 11)
21. Date of filing Application by the :

Awardee requesting reference to the
Court under Section 18
22. Date of reference to the Court :

by LAO
23. Dates of making necessary entries :

in Mandal Registers 7 & 8(A)
22
24. Date of publication of Notification :
under Section 13 of A.P. Survey &
Boundaries Act in Gazette
25. Date of submission of Check Memo :

in Form 21 to the Collector
** As soon as LAO assumes charge, he must verify the staff appointed are
taken charge and inputs required are available, other wise he must
make a report to the next higher authority about the deficiencies in the
Unit.
*******
23
CERTAIN IMPORTANT MANDATORY PROVISIONS IN L.A. ACT, 1894
· Publication of D.N U/S 4(1) and D.D U/S 6 in four modes viz., Official
Gazette, two newspaper s (one in regional language) and locality.
· Objections to be filed by persons interested in writing against acquisition U/S

5-A within thirty days of causing public notice U/S 4(1).
· Publication of D.D. U/S 6 within one year from the date of publication of 4(1)
Notification, excluding period covered by Court stay, if any.
· At least one day gap essential in simultaneous publication of 4(1) Notification

and Declaration U/S 6.
· In case urgency clause invoked U/S 17(1), possession can be taken only on
expiry of fifteen days from the date of publication of notices U/S 9(1) and 9(3)
and not earlier.
· In such case, 80% of the compensation to be paid to persons interested.
· Award enquiry notices U/S 9(1) and 9(3) to be invariably served on all
persons interested and at convenient places on or near the land within fifteen
days prior to the date of award enquiry.
· Award not to be made without previous approval of State Government or the

Officer authorised.
· Award to be passed within two years from the date of publication of D.D.
U/S 6, excluding the period covered by Court stay, if any.
· In case, advance possession of land taken, limitation period of two years

does not apply.
· Land once acquired for a public purpose and vested with Government not to
be reconveyed to original owners. To be used for any other public purpose.
· Separate awards for different interests in same land not to be passed.
· Improvements made after publication of 4(1) not to be compensated.
· 12% additional market value and interest U/S 34 not payable for the period
prior to publication of 4(1) Notification, in case possession of land taken.
· Interest payable on all items of compensation, subject to Court Decree.
24
· Section 12(2) notice to be served on all persons interested as are not present,
when award made.
· In case of dispute as to ownership, apportionment of compensation etc.,

reference to be made to Civil Court U/S 30 and amount deposited into the
Court U/S 31(2).
· While taking possession of land, panchanama to be recorded.
· Applications U/S 18 to be filed before Collector within six weeks in case

person interested is present when award made.
· In other cases within two months from the date of service of Section 12(2)
notice.
· Application to be in writing and compensation should have been received

under protest.
· Six ingredients to be fulfilled in redetermination of compensation U/S 28-A.
· Withdrawal of L.A. Proceedings not to be resorted to after possession of land

taken.
* * * * * *
25
GOVERNM ENT OF ANDHRA PRADESH
Land Acquisition – Reconveyance of the lands acquired under the Land Acquisition
Act 1894 to the Original Owners – Substitution of para 32 of B.S.O-90 – Orders –
Issued.
------------------------------------------------------------------------------------------------------------
REVENUE (LA) DEPARTMENT
G.O.Ms.No. 783 Dated: 09-10-98.

Read the following :-
From the Commissioner of Land Revenue, Andhra Pradesh, Hyderabad

Letter No. G1/9/1997, dated. 20.1.1997.
ORDER
The following amendment is issued to B.S.O - 90 para (32)
AMENDMENT
For paragraph 32 of B.S.O. 90, the following paragraph shall be substituted,

namely :
PARA 32 Utilisation of acquired lands for any other Public Purposes :
“The Land Acquired for a public purpose under the Land Acquisition Act, 1894
shall be utilized for the same purpose for which it was acquired as far as possible.
In case, the land is not required for the purpose for which it is acquired due to any
reason, the land shall be utilized for any other public purpose, as deemed fit,
including afforestation”.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
G.SUDHIR
Secretary to Government.
*******
26
CIRCULAR INSTRUCTION UNDER SEC. 11-A OF L.A. ACT
GOVERNMENT OF ANDHR A PRADESH
Ms. No. 63070/LA2/98 Dated: 30-03-

999
Sub: Land Acquisition – Acquisition of Lands for public purpose –

Invoking of urgency clause under Section 17 (1) of the Land
Acquisition Act – Passing of award under Section 11-A of the L.A. Act.
Ref:1. Letter No.Mis/LA/PRR Dt. 5-8-1998 of the Govt. Pleader for L.A., High
Court of Andhra Pradesh
2. Commissioner of Land Revenue’s Ref. NoG1/1287/987 Dt.28-8-98.
*******
The Government Pleader for Land Acquisition, High Court, Andhra Pradesh,
Hyderabad has brought to the notice of the Government that in several instances the
Land Acquisition Officers have issued successive notifications under Sections 4 and
6 of the L.A. Act. 1894 on the ground that award has not been passed within the
period of two years as stipulated under section 11-A of the Land Acquisition Act.
1894 and the notifications were issued earlier invoking urgency clause under Sub-
section (4) of Section 17 of the Land Acquisition Act, 1894 and possession was
taken over and the lands vested in the Government. In the similar circumstances
the High Court of Andhra Pradesh relying on the Judgement of the Supreme Court in
AIR 1993 SC 2517 while disposing of the W.P. Nos. 7984 and 7997 of 1996 directed
the respondent s to pass award basing on the notification issued in 1989, without
issuance of fresh notification. Thereafter the Government Pleader advised the
Collector concerned to pass award basing on the notification issued in 1989. The
learned Advocate General has also advised the Government to issue instructions to
Land Acquisition Officers to pass award basing on the earlier notification, without
issuance of any fresh notification.
2. The Government Pleader has referred to a particular case in W.P.No

17156/96 before a single Judge, in which three successive notifications were issued
under an erroneous impression that the first notification dated 27-3-1980 has lapsed
in view of non-passing of award within the stipulated time under Sec. 11-A of the
Land Acquisition Act 1894 ignoring the fact that urgency clause was invoked the
render and possession was taken over and land vested absolutely in Government
free from all encumbrances. The learned single Judge allowed the said W.P.
directing the Respondents to pay compensation basing on the latest notification dt.
3.6.1995. On appeal the Division Bench of the High Court in W.A. Nos. 1126/97 and
1226/97 allowed the writ appeals, holding that the first notification dated 27-3-1980
is valid and that the said notification alone is crucial for determination of market
value and subsequent notifications issued are “non-est” in law. In Writ Appeal Nos.
1126 and 1226 of 1997 (1998 (4) ALT 554) the High Court of Andhra Pradesh in its
order dated 17-7-1998 relying on the Judgement of Division Bench in Writ Petition
Nos. 4712 and 4725 of 1997 dated 14.3.1997 held that the compensation has to be
27
determined not on the basis of subsequent 4(1) notification but on the basis of the
earlier notification if section 17(1) comes into play. The observations of the Division
Bench of the High Court is as follows:
“Merely because subsequent notifications were published erroneously, those

would not cease the operation of the earlier notification. The property having been
vested in the Government would not get divested only because new notifications
were published in 1991. If the conceded position of law is that the property was
never divested from the government, the question of publication of notifications
afresh would in no way alter the position. In that view of the matter, we must accept
the submission of the Learned Government Pleader for Land Acquisition.”
3. The Division Bench of the High Court has also relied on the Judgement of the
Supreme Court in Lt. Governor of Himachal Pradesh Vs Avinash Sharma, AIR 1970
SC 1576 which has explained the scope of section 17 (1) of the Land Acquisition
Act, 1894 as follows:
“When section 17(1) is applied by reason of urgency, Government takes

possession of the land prior to the making of the award under section 11 and there
upon the owner is divested of the title to the land which is vested in the Government.
Section 17(1) states so in unmistakable 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 “non-
est” in the eye of law and the first notification issued invoking section 17(4) alone will
be crucial for determination of market value and the provisions of Sec. 11-A do not
apply in cases where advance possession of the land is taken by invoking the
28
provisions of Sec 17(4) and the Land Acquisition Officers shall not make undue
delay in passing the award as otherwise interest is payable from the date of taking
possession of land which will be an avoidable burden of the Government.
7. The above instructions shall be followed scrupulously.
Note Endorsed by P. Rajagopal Rao, G.P. for L.A. High Court:
Order in WA – 1126 & 1226/97 was reported in 1998 (4) ALT 554 (DB) consisting of
Hon’ble Justice P. Venkatarama Reddi and Hon’ble Justice A. Hanumanthu and the
same has also been confirmed by Supreme Court. In this decision the Hon’ble
Division Bench ahs followed/referred the decisions reported in 1993 SC 2517, 1970
SC 1576, 1996 Sc 112, 1996 (6) SCC 424 & 1996 (3) ALT 352.
******
29
Memo No. 55284-A/LA(A2)/99- Dated:27-04-2000
Sub: Land Acquisition – Streamlining of Land Acquisition procedure taking

advance possession of private lands required – Certain instruction
issued – Reg.
*****
Of late instances have come to the notice of the Government where

requisitioning departments have taken advance possession of the lands required by
them without initiating Land Acquisition proceedings i.e., without publication of Draft
Notification and Draft Declaration and also without the knowledge of the Land
Acquisition Officer concerned. It is also noticed that in some such cases the Land
Acquisition proceedings were not initiated within a reasonable time after taking
advance possession of the lands. As a result, the Government had to incur huge
expenditure towards payment of interest and 12% as additional market value.
2. Apart from this several complications may also arise owing to the fact that
when once the lands are taken possession, it is not open to the Government to
withdraw the Land Acquisition proceedings.
3. In certain cases landholders have been relinquishing their lands voluntarily

without compensation. In such cases, the Land Acquisition Officers or requisitioning
departments have been taking possession without executing either a relinquishment
deed as provided in the Board Standing Orders 33 or taking relinquishment of land
by submitting an un-conditional razinama as stipulated in rules 16 to 24 of the
Andhra Pradesh (Telangana Area) land Revenue Rules, 1951.
4. As a result of this, the Government do not get absolute title over the land
relinquished due to which the landholders or their legal heirs may raise disputes and
claim compensation for their lands already relinquished.
5. The Government have examined the matter, keeping in view the above
circumstances and hereby, issue the following instructions for strict compliance.
(a) Possessi on of the land can be taken under section 16 of the Land
Acquisition Act 1894 after an award is made by the Collector under
section 11 of the said Act.
(b) Possessi on of the land can also be taken under sub-section (1) of
section 17 of the said Act in case of urgency whenever the
Government so directs after publication of the Draft Notification and
Draft Declaration and after expiry of 15 days from the date of
30
publication of the notice under sub-section (1) of section 9 of the said
Act, though no award has been made.
(c) The Land Acquisition officers shall have to refrain from taking
possession of the land in any other manner contary to the above
provisions.
(d) The requisitioning departments concerned shell take possession of the

lands only through the Land Administration officer by following the
prescribed procedure under the said Act, but not directly from the land
owners.
(e) Where ever the landholders voluntarily come forward to relinquish their
lands without compensation, the Land Acquisition Officers shall take
possession of such lands only after executing a relinquishment deed
as provided in Board Standing Order 33 or taking un-conditional
“Razinama” as stipulated in rules 16 to 24 of the Andhra Pradesh
(Telangana area) Land Revenue Rules 1951 in order to get absolute
title over the land relinquished and to obviate any complication due to
undue claims from the landholders or their legal heirs at a later date.
The above instructions shall be followed scrupulously.
G. SUDHIR
SECRETARY TO GOVERNME NT
To
All Land Acquisition Officers
Through the Collectors and Special Collectors Concerned
All Collectors /Special Collectors.
All the Departments of Secretariat
All the Heads of Departments.
dealing with Land Acquisition
Copy to
The Special Chief Secretary & Chief Commissioner of Land Administration,
Hyderabad.
The Government Pleader for Land Acquisition
High Court of Andhra Pradesh.
Hyderabad.
The Special Secretary to Chief Minister,
P.S. top Minister (Revenue)
P.S. to Chief Secretary.
P.S. to Secretary to Revenue.
SF/SC
/// FORWARDED // BY ORDER ///
SECTION OFFICER
31
Memo. No. 55284-A/LA(A2)/99-3 Dated:13-6-2000
SUB: L.A. – Streamlining of Land Acquisition procedure – Taking advance

possession of the private lands under acquisition – Certain further
instructions – Issued.
REF: 1. Govt. Memo no. 55284/A/LA2/99, Rev (LA) Dept., dt. 27-1-2000
2. From the Government Pleader for Land Acquisition in High Court of
A.P., Hyderabad. Lr.No.LA/PRR dt.9-5-2000 addressed to C.S. to
Govt, along with Judgment of High Court in W.P.No.9780/ 99.dt. 28-
3-2000.
******
In continuation of the Govt. Memo 1st cited a copy of the High Court order 2nd
cited is herewith communicated. In the above said W.P. the High Court has issued
directions that instructions may be issued to all the Government Officials concerned
not to enter into the private properties except through due process of law.
2. All the Collectors/Special Collectors/Land Acquisition Officers and the

departments concerned are requested to keep in view the directions of the High
Court and also the instructions issued in the Govt. Memo. 1st cited while taking
advance possession of the lands under acquisition.
3. These instructions shall be followed scrupulously.
P.V. RAO
CHIEF SECRETARY TO GOVERNMENT
To
All the Heads of Departments dealing with Land Acquisition
Copy to
Hyderabad.
High Court of Andhra Pradesh. Hyderabad.
SF/SC
SECTION OFFICER
32
IN THE HIGH COURT OF JUDICATURE : ANDHRA PRADESH AT HYDERABAD
(SPECIAL ORIGINAL JURISDICTION)
TUESDAY THE TWENTY EIGHTHDAY OF MARCH
TWO THOUSAND
PRESENT:
THE HONOURABLE MR. JUSTICE BOILAL NAZKI
WRIT PETITION NO. 9780 of 1999
Between:
1. Bantharam Bichappa
2. Shivarampuram Osman Saaheb
3. Shivarampuram Khaja Saaheb .. Petitioners
4. Bicchapu Sangaiah
and
1. The District Collector, R.R. District
2. Revenue Divisional Officer-cum-
Land Acquisition Officer, Vikarabad, R.R. District.
3. Executive Engineer, Minor Irrigation Department,
R.R. District, At Red Hills, Nampally, Hyderabad.
.. Respond ents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the Affidavit filed herein the High Court will be pleased to
issue an order direction or writ more particularly one in the nature of Writ of
Mandamus declaring the action of the Respondents in acquiring the lands of the
petitioners, admeasuring Ac. 5-09 gts; Ac. 1-27 gts. And 3-19 gts; comprised in
Survey Nos. 14/A15, 15 and 42 of Kakhoda Village and Shapur (V) of Marpally
Mandal, R.R. District without following due process of law as illegal, arbitary,
contrary to the provisions of the Act and violative of Fundamental Rights and
consequent ly direct the respondents to initiate Land Acquisition Proceedings and
pay reasonable compensation.
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 anybody’s property unless and until
a notification under section 4 of the Land Acquisition Act is promulgated. Here is a
case where land was taken it was put to use and even the notification assuming the
jurisdiction to acquire the land has not been issued. This position was conceded at
the Bar, therefore, this Court issued show cause notice to the Officers concerned
who have filed their reply. The Officers have not justified their action but have tried
to explain by taking recourse to public interest and also suggested that the land had
been taken possession of with the consent of the petitioners. No such consent was
produced before the Court and even if it is accepted that the owners (petitioners)
had given oral consent for handing over the possession to the Officers concerned,
even then in my view the Officers were not within their rights to take over the
possession because those Officers were acting as the Agents of the Government
and the government could enter into a private property only after assumption of
jurisdiction which could be assumed only after issuance of notification under Section
4(1) of the Land Acquisition Act. Since the government had not assumed the
jurisdiction to acquire the property therefore the Officers of the Government even
with the consent of the parties concerned were not right in taking over the
possession of the land. Section 4(2) of the Land Acquisition Act makes it lawful for
any officer who is generally or specially authorized by the Government to enter upon
a land which is notified in terms of Section 4(1). Therefore, it is clearly laid down
that no Officer of the State Government is authorized to enter upon or take
possession of the land belonging to private individuals unless and until a notification
under section 4(1) is published.
During the pendency of this Wit petition a notification was issued. 80% of
compensation was paid to the petitioners and it is stated at the Bar that the award
has also been passed and the land has also been put to use for which it had been
acquired. Keeping in view all these factors. I do not consider it appropriate to pass
any further orders in this petition.
34
Show cause notices have been issued to the officers
concerned. Although their explanations are not satisfactory but considering the fact
that one of them has retired from service and others are also having long service no
further orders are passed in pursuance to the show cause notice.
In order to avoid such incidents in future. I direct that a copy of this order be
sent to the Chief Secretary to the Government of Andhra Pradesh and he be
requested to issue a circular to all the government Officials directing them not to
enter into private properties except through due process of law which would mean
after assuming the jurisdiction to acquire the land or property in accordance with the
provisions of Land Acquisition Act.
The Writ petition is accordingly disposed of.
Sd/- K.N. Raju,

Asst. Registrar
To
One Fair Copy to the Hon’ble Sri Justice Bilal nazi /
9FOR HIS Lordships kind perusal)
2. The District Collector, R.R. District, Hyderabad
3. The Revenue Divisional Officer-cum-Land Acquisition Officer
Vikarabad, R.R. District
4. The Executive Engineer, Minor Irrigation Department, R.R. District
at Red Hills, Nampally, Hyderabad
5. S.L.R. Copies
6. The Under Secretary, Union of India, Ministry of Law
Justice and company Affairs, New Delhi.
7. The Secretary A.P. Advocates New Delhi
Court Buildings, Hyderabad
8. Two C.D. Copies
9. Two CCS to the Govt. Pleader Irrigation, High Court of A.P., Hyderabad.
10. The Chef Secretary to Govt. of A.P., Secretariat, Hyderabad.
11. The Registar (Judicial) High Court of A.P., Hyderabad.
// TRUE COPY //
SECTION OFFICER
35
REVENUE (la) DEPARTMENT
Memo No. 55284-D/LA(A2)/99 Dated. 16-6-2000
SUB: L.A. – Streamlining of Land Acquisition Procedure – Acquisition of

lands under the Land Acquisition Act, 1894 – Verification of structures,
Trees etc existing as on the date of Notification u/s. 4(1) of the Land
Acquisition Act, 1894 – Certain Instructions Issued.
******
Certain instances have come to notice where the claimants have resorted to
putting up new structures fraudulently with an intention to claim more compensation
for the lands proposed for acquisition especially for major irrigation projects.
Besides compensation for the lands and structures, trees etc., the landholders have
also been trying to putforth undue claims for rehabilitation. This sort of claims
seriously affect the Interests of the Government besides ignoring the legitimate
claims of the bonafide land holders. With a view to curb these malpractices and to
further streamlining the land acquisition procedure, Government, after careful
consideration, issue the following instructions for strict compliance by all Collectors
and Special Collectors and all the Departments concerned.
(i) 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) To go in for vidiography of the structures trees etc existing on the

lands under acquisition to obviate undue claims for compensation and
also to build-up authentic and irrefutable record of such structures
trees etc., The expenditure on this shall be met from the existing
provision of funds for Land Acquisition.
(iii) After conducting the detailed inspection and videography of the

strictures trees etc., existing on the land under acquisition, such details
shall be incorporated in the S.D. records.
The above steps would go a long way in arriving at the correct estimate of
structures, trees and other features which add to the value of the land so that
36
false claims of the land holders at a later date can be avoided and thereby the
interests of the Government as also the bonafide claims of the landholders
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 the Heads of Departments.
dealing with Land Acquisition
Copy to
Hyderabad.
High Court of Andhra Pradesh.
Hyderabad.
SF/SC
SECTION OFFICER
37
Memo. No. 25646/LA(A2) 2002 Date:12-11-2002
Sub: LAND ACQUISITION – Payment of compensation including Additional

Market value and solatium Payment of interest – Certain instructions –
Reg.
Ref: 1. From the CCLA Lr. No. G4/193/2001, dt. 4-4-2002.
2. From the Advocate General high Court of AP, Hyderabad Lr. No.
935/2002, dt: 19-6-2002.
*******
In the reference 1st cited the Special Chief Secretary and Chief Commissioner
of Land Administration, Hyderabad has requested to examine the judgment of the
Supreme Court of India in Civil Appeal No. 6271/98 and batch, dt: 19-9-2001 with
regard to payment of interest on the aggregate amount of compensation including
Solatium and Additional market value and issue necessary instructions permitting
the calculation of interest on 12% Additional Market value and 30% Solatium while
passing the award with prospective application as retrospective application will
reopen already settled cases resulting in huge financial burden on the exchequer .
2. While delivering the judgment in the above said case the Supreme Court of India
has interalia observed as follows:
“In deciding the question as to what amount would bear interest under section
34 of the Act a peep into section 31 (1) of the Act would be Advantageous.
That Sub-Section says “ on making an award under Sec.11, the Collector
shall tender payment of the compensation awarded by him to the persons
interested entitled there to according to the award, and shall pay it to them
unless prevented by some one or more of the contingencies mentioned in the
next sub-section” The remaining sub-sections in that provision only deal with
the contingencies in which the Collector has to deposit the amount instead of
paying to the party concerned. It is the legal obligation of the Collector to pay
“the compensat ion awarded by him” to the party entitled there to. We make it
clear that the compensation awarded would include not only the total sum
arrived at as per sub-section (1) of section 23 but the remaining sub-sections
thereof as well. It is thus clear from section 34 that the expression “awarded
amount” would mean the amount of compensation worked out in accordance
with the provisions contained in section 23, including all the sub-sections
thereof.”
38
4. In the said judgment it was also mentioned that “splitting up the Compensation
into different components for the purpose of payment of Interest under section 34
was not in the contemplation of the Legislature when that section was framed or
enacted”. The Supreme Court has also elaborately quoted the judgments of the
various High Courts one of which is given by the Division bench of the Punjab
and Haryana High Court in the State of Haryana Vs. Smt. Kailaswathi and other.
It is extracted here under,
“ Once it is held as it inevitably must be that the Solatium provided for under
section 23(2) of the Act forms an integral and statutory part of the
compensation awarded to a land owner, then from the plain terms of the
section 28 of the Act, it would be evident that the interest is payable on the
compensation awarded and not merely on the market value of the land.
Indeed the language of section 28 does not even remotely refer to market
value alone and in terms talks of compensation for the sum equivalent
thereto. The interest awardable under section therefore would include
within its ambit both the market value and the statutory solatium. It would
be thus evident that the provisions of section 28 interms warrant and
authorize the grant of interest on Solatium as well”.
Ultimately the Supreme Court held that the person entitled to the
compensation awarded is also entitled to get interest on the aggregate amount
including Solatium.
The matter has been examined in consultation with the learned Advocate
General with reference to the orders issued by the Supreme Court of India and the
relevant provisions contained in the Land Acquisition Act 1894. Accordingly the
following instructions are issued to all the Secretaries to Government in Secretarial
who are dealing with Land Acquisition cases, all District Collectors in the State and
Special Collectors, Land Acquisition Officers, All Govt. Pleaders in high court, and
All Assistant Govt. Pleaders in the State for guidance and strict compliance.
(i) As stated by the Special Chief Secretary and Chief Commissioner of

Land Administration the above judgment of the Supreme court of India
will have far reaching financial implications. Therefore utmost care
should be taken while making payment of enhanced compensation
including interest thereon, on the decrees passed by the various
courts.
(ii) The obligation to pay under a Court decree is limited to the language of
decree as finally settled.
(iii) In regard to matters where payments have already been made and the
decree is satisfied no further claims can be entertained.
39
(iv) In regard to cases where execution proceedings are pending on the
basis of the decrees obtained earlier, the liability would obviously,
depend upon the specific language in the decree.
(v) Extreme care must be taken to ensure that excess payments are not
made under the cover of the above decision of the Supreme Court of
India.
(vi) Where the decree is couched in general terms like for example saying
that the claimant would be entitled “to all the Statutory benefit under
the amended Act”, as appears to have been done in some cases,
which have come to the notice of the Government Pleader concerned,
it must be contended that this phraseology is only applicable to the
benefits conferred for the first time under amended Act and not pre-
existing benefits. Interest has always been required to be paid and is
not a benefit under the amended Act.
(vii) Before making any concession in the execution proceedings proper

Legal advice shall be obtained by concerned.
The above instructions shall be followed scrupulously. The receipt of the

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

R & LA, SRSP AMRP & PCP Tarnaka
Hyderabad
40
No. A3/3425/02 Dated: 25-11-2002
Copy communicated to all the Special Deputy Collectors working under

this organization for information and immediate compliance
For Special Collector

R & LA, SRSP AMRP & PCP Tarnaka
Hyderabad.
Copy to the Superintendents B.C. & D Wings

Copy to Stock file of A3 Section.
41
Memo No: 44753/LA(A2)2007-/ Dt 26-10-2007
Sub: Land Acquisition –Judgment of the Supreme Court of India in Gurupreet

Singh
Vs Union of India regarding entitlement of interest towards deposit
amount-
further instructions-reg
Ref: From the CCLA Lr.No:G1/192/2006 dt 07-08-2007
* * * * * *
All the District Collectors in the State are informed that the CCLA , A.P in his
letter cited , has brought to the Notice of the Government that as per the latest
judgment of the Supreme Court of India in GuruPreet Singh Vs Union of India
(2006(8)SCC 457) the decree holder would be entitled to appropriate the amount
already received by him pursuant to the interim order first towards interest then
towards costs and the balance towards Principal as on the date of the withdrawal of
the amount and claim interest on the balance amount of enhanced compensation by
levying execution. But on that part appropriated towards the principal interest would
cease from the date on which the amount is received by the awardee. However, it
has been adjudicated that while 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
ABSTRACT
Land Acquisition – The Land Acquisition Act, 1894 – Policy on land Acquisition –
Issued.
------------------------------------------------------------------------------------------------------------
REVENUE (L.A) DEPARTMENT
G.O.Ms.No.232 Dated. 23.02.2005.
ORDER:
Infrastructure plays a critical role in generating higher economic growth.

Experience has shown that a 10% increase in the availability of infrastructure can
raise average house-hold incomes by equal amount mainly by creating large scale
employment. Andhra Pradesh needs to invest about Rs. 16,00,000 crores in
infrastructure development by 2020 and over Rs. 4,00,000 crores by 2010. The
infrastructure would include I.T. Parks, Biotech Parks, industrial Townships,
Highways, Bridges, Flyovers, Food Parks, Power Generation, Water supply,
Airports, Ports etc.
2. In order to achieve this, Government have already brought out industrial

policy, Policy for Food processing Industries, I.T. Policy, etc., and also have
established an Infrastructure Authority to facilitate the investment.
3. All of above would need requirement of considerable chunk of land. In view

of scare availability of Government land, private land will have to be acquired under
Land Acquisition Act. Above activity of infrastructure development to ultimately
generate economic activity and employment is an important public interest which will
drive the State into high growth of development.
4. Instances have come to notice that in many cases the Government land
proposed to be utilized for the Projects gets into litigation because of other claims
from private parties. In such a case, it becomes difficult to proceed further in the
Project. Therefore Government is seized of the issue to overcome this situation and
to expedite the execution of the Project without compromising the claim of the
private parties. In this context public interest becomes the overriding deciding
factor.
5. The public interest as defined under Land Acquisition Act, 1894, is very
comprehensive and covers the land under any scheme of development sponsored
by the Government or with prior approval of the appropriate Government by a local
authority. Even in the cases where acquisition has some element of profit are also
acceptable as per the observations of the Supreme Court in Bharath Singh Vs State
of Haryana (AIR 1988/SC).
43
6. Accordingly keeping in view of the above, the Government have declared the
following policy on land acquisition:
“Public purpose: The inclusive definition of Public purpose in the Act not being
compendious is not useful in ascertaining the ambit of that expression. Broadly
speaking the expression ‘public propose’ would however, include a purpose in
which the general interest of the community as opposed to the particular interest
of individuals, is directly and vitally concerned. Public purpose is bound to vary
with the times and the prevailing conditions in a given locality, and therefore, it
would not be a practical proposition even to attempt a comprehensive definition
of it. It is because of this that the legislature has left it to the Government to say
what is a public purpose and also to declare the need of a given land for a public
purpose”.
7. In view of the proposed important activity and the public interest

associated with it, Government will have to acquire appropriate land for any of the
public purposes as indicated from time to time. The acquisition shall be governed by
the provisions of L.A. Act, 1894. Where the govt. land is in dispute, the process of
acquisition will proceed as per the provisions of the Act without prejudice to the case
of the Government and money deposited in the court to be given to the rightful
owners.
8. The above policy of the Government shall be kept in view by all

concerned while acquiring the land under the provisions of Land Acquisition Act,
1894 in connection, primarily, with all infrastructure projects. This will also apply in
other cases too depending on the necessity of the case.
Dr. P.V. JAUHARI

SPECIAL CHIEF SECRETARY TO GOVERNMENT
To
All the Land Acquisition Officers
Through the Collectors and Spl.Collectors concerned.
44
IRRIGATION & CAD (Projects Wing) DEPARTMENT
Memo No. 17904 /LA-IV/ R&R/ 2005-1 Dated: 24-05-2005
Sub: Advertisement – Release of advertisement to news papers related to

Land Acquisition cases in the Department – Instructions – Orders –
Issued.
Ref: 1. Govt. Memo No. 96929/I & PR/A1/2003-I, Dt. 12.9.2003 of GA (I &
PR) dept.
2. Govt. Memo No.13558/ LAIV/2005, Dt. 03-04-2005 of I & CAD Dept.,
3. Special Collector Lr. No. Rc.B5/565/2004, Dt. 28-4-2005.
******
In reference 2nd cited above, Government have issued instructions to send all
advertisement in respect of DN & DD Publications and other advertisements related
to Land Acquisition to the Commissioner, Information & Public Relations
Department. In Para 4 o the said memo, instructions were issued to send these
proposals on weekly basis addressed to the Secretary, I &CAD Department,
Hyderabad, and subsequently the I&CAD Department shall be sending these
advertisements received to the Secretary, I&PR.
In view of the circumstances put forth by Special Collector, SSP, and in order
to reduce the delay in publishing these advertisements, it is decided that the District
Collectors and Special Collectors of Land Acquisition shall send all these
advertisements directly to the Commissioner, Information and Public Relation
Department with a copy of the covering letter only endorsing to the Secretary,
Irrigation & CAD Department, Hyderabad.
The Commissioner, Information and Public Relations Department must

publish all the requisitions received from the District Collectors and Special
Collectors of Land Acquisition without any delay and shall send a report on day-to-
day basis on publication of DN & DD Notifications to the Secretary, Irrigation and
CAD Dept., He shall also send copies of the orders issued to the News papers for
Publication of notification to project authorities and Secretary, Irrigation & CAD
Department.
C.V.S.K. SARMA,
Principal Secretary to Government
To
All District Collectors
All Special Collectors
All HODs.
Land Acquisition Sections.
45
The Director, information & Public Relations, Hyderabad.
Accountant General of AP
The Pay & Accounts Officer,
The Director of Works & Accounts, Hyderabad
The PS to Min (Major Irr), / PS to Min(Minor Irr.), /PS to Med.Irr/ PS to Min GWS LI.
:: Forwarded By Order ::
Section Officer
46
MISCELANEOUS
--------------------------
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 addressee’s receipt.
STATE AMENDMENT ACT XX OF 1959 DT. 15-10-59

----------------------------------------------------------------------------------
In the provision to sub-section (3) of Section 45 for the Words “and service of
it may be proved by the production of the addressee’s receipt “substitute the
following, namely:- “and the notice shall be deemed to be served on such person on
the date on which the notice sent by the registered post will in the usual course of
post be received by the addressee”,
CRUCIAL POINTS
--------------------------
1. service on the person himself is the normal rule and the substituted service
out lined in clause (3) can be involved only when the person cannot infact be found
after bonafide enquired.
2. The service of a notice under the L.A. Act and the Rules is a matter of law;
and the procedure having been land down cannot be devioted in any manner
selected by the officials.
47
3. The expression when such person cannot be found in section 45(3)
contemplates habitual absence at his address.
5. Service at any rate on female maker of the family is not contemplated by sec. 45.
COURT RULING
1. Notice not served upon the concerned – Service, held: sufficient.
AIR 1959 PAT 83
2. Irregularity in Service – But notice reached the right person – he appeared –

irregularity waived.
AIR 1955 Mad 466
3. After taking part in proceedings and field objection one cannot question the
notice U/S 9 & 10 being not served.
AIR 1977 Del 256
AIR 1971 AP 310
4. Service by affixture not Sufficient.

AIR 1960 Bom 490
5. Service by Regd. Post in sufficient. Delivery essential.
1968 (i) MLJ 107
6. Service of Notice Burden of proof by State.

AIR 1963 Pat 469
7. In the case of a receiver of an estate, Service of notice under Section 12(2)

has to be personal unless he has authorised the manager to accept service.
33 Mad LR 472
8. New and novel modes of service cannot be evolved.
62 CWN 788
9. Unless a statue expressly provides that any mode of service other than the
mode prescribed by it is null and void such provision regarding service of notice is
merely directory and not mandatory. So if a notice is factually brought to the notice
a party although service may not be in strict conformity with the statutory provision
regarding the mode of service as prescribed therein, a notice is deemed to be
served on the party.
(1984 I Cal LJ 99)
48
10. At any event service of notice on female member of the family is no notice to
the person.
1983 Ker LJ 347
11. It was held that service of notice under Section 12(2) on the son of the very
first attempt is no valid service.
AIR 1977 Cal 205
12. If there are Joint tenants in respect of a tenancy, the notice addressed to all
or made out in the names of all the tenants, but delivered to any of them is valid.
AIR 1963 Sc 468.
This rule is not applicable when the tenants are not joint tenants but tenants
in common.
AIR 1977 ALL 38.
13. Where a notice containing a letter sent through post is returned “Refused”:
the court can draw the inference that the addressee had notice of the letter and that
he refused the same.
1976 2 Scc 409 (AIR 1976 Sc 869) 23 CWN 319
14. The Special notice Under Section 9(3) within the Revenue District should also
be sent by registered post to the last known residence addressor place of business.
AIR 1945 Bom 49.
15. A Joint notice served on one can be regarded as good service as against
persons who were not served personally.
AIR 1934 Cal 525
AIR 1924 Pat 608
16. Normally notice should be served in the manner provided in Section 45(1), (2)
and (3), but power is given to adopt an alternative method of service by post.
Before adopting this alternatives method, the Judge or Collector should give a
Clear direction to that effect.
AIR 1976 Delhi 188
17. The presumption raised Under Section 27 of the General clauses Act as well
as Under Section 114 of the Evidence Act is one of proper or effective service which
must mean service of everything that is contained in the notice. The presumption
under these statutes are rebuttable but in the absence of proof of the contrary the
presumption of proper Service or effective Service on the addresses would arise.
(1981) 2 Sec 535
18. In the matter of Service of notice under the Act, it shall be by delivery or
tender of a copy of notice.
49
The claimant signed the notice and there was an endorsement. The notice
were served by special Revenue inspector. But it was not clear whether copy of
notice intended or claimant was separately served or his signature was merely
obtained. The court held that the Service of not9ice was not satisfactory and
therefore invalid.
50
ANDHRA PRADESH RAJAPATRAM
RULES SUPPLEMENT TO PART - I
EXTRAORDINAR Y
OE
THE ANDHRA PRADESH GAZETTE
PUBLISHED BY AUTHORITY
------------------------------------------------------------------------------------------------------------
NO 45] HYDERABAD, MONDAY, OCTOBER 26, 1992.
------------------------------------------------------------------------------------------------------------
NOTIFICATIONS BY GOVERNMENT
REVENUE DEPARTMENT
(L.A.)
THE ANDHRA PRADESH LAND ACQUISITION (NEGOTIATIONS COMMITTEE)

RULES, 1992.
[ G.O. Ms. No. 1050, Revenue (L.A.), 17 th October, ]
In exercise of the powers conferred by sub-section (3) of section 55 of the

Land Acquisition Act, 1894 (Central Act 1 of 1894) as subsequently amended the
Governor of Andhra Pradesh here by makes the following amendments in the
Andhra Pradesh Land Acquisition (Negotiation Committee) Rules, 1992 after having
published the draft rules in rules supplement to Part – I Extraordinary of the Andhra
Pradesh Gazette dated the 18 th June, 1998 as required under sub-section (2)
section 55 of the said Act.
RULES
1. Short title, extent and Commencement. – (1) These rules may be called the
Andhra Pradesh Land Acquisition (Negotiation Committee) Rule 1992. G-
504-1.
2. They shall extend to the whole of State of Andhra Pradesh.
3. They shall come into force at once.
2. Definitions:- In these rules unless expressly specified the definition of the

words used shall be same as defined in Land Acquisition Act, 1894.
3. Action for negotiation shall commence only after enquiry and award by the
Collector and approval of preliminary value under section 11 of the Land Acquisition
Act, 1894 is completed.
4. The Compositions of Negotiations Committee shall be as follpws:-
51
1. The District Collector of the Concerned District .. Chairman
2. A Judge of the District concerned not below the

rank of Sub-Judge as nominated by District Judge/high
Court .. Member
3. The Joint Collector of the District or Special Collector

of the project concerned. .. Member
4. The Land Acquisition Officer concerned i.e., Special Deputy

Collector/Revenue Divisional Officer/Mandal Revenue Officer .. Convenor
5. The Executive Engineer, Roads & Buildings Panchayat

Raj/Irrigation (Wherever structures are involved) .. Member
6. A nominee of the requisition department not below the rank

of district level officer or any officer authorized by Government. .. Member
5. The Collector or the Convenor of Committee shall cause notice in the

Form-I to be affixed at two or more public places like Gram Panchayat or Chavidi
etc., of the village in which jurisdiction the proposed area of acquisition lies and to
the persons interested in the land to appear personally or by person authorized by
them before such officer as specified at a time and places therein mentioned and to
state their willingness or otherwise to settle their claims through the negotiations
Committee. The District Collector Convenor may in any case require such
statement to be made in writing and signed by the party or his agent.
(i) The interested persons may also file petitions suo-motu for settlement
of the claims before the Negotiation Committee for settlement of
Compensation or for share in the compensation.
(ii) In respect of the cases pending in any Court including High

Court/supreme Court or Executive Court the persons interested is
initiated by the Negotiation Committee.
(iii) On receipt of suo-motu application for settlement of compensation the

Convenor of the negotiation Committee shall take further action in
accordance with the provisions contained in Rule 8. After obtaining the
consent of the requisitioning department further action for negotiations
and for final settlement shall be taken. Notices under Form-I need not
be issued to persons interested who are signatories to such
application.
(iv) In case any person interested is not a Party to such applications, the
notice in Form-I shall be sent to him by Post in a letter addressed to
him at his last known residential address, or place or business and
52
registered under Sections 28 and 29 of the Indian Post Office Act,
1898 (6 of 1898).
(v) negotiation for settlement shall commence only when all interested
persons or representatives authorized by them covered by a
notification give a statement expressing willingness for settlement
by negotiation Committee.
7. Every Person required to make or deliver a statement under these rules

shall be deemed to be legally bound to do so within the meaning of Section 175 and
176 of the Indian penal Code (4 of 1860).
8. The Collector shall also serve a notice in Form – II to the requisitioning

department to make a statement that it is willing for settlement of the claims of the
pattadars and interested persons by the negotiation Committee and obtain its
statement accordingly and duly signed by a responsible officer authorized by the
concerned department in that area.
9. (a) The statements filed under Rules 5,6 and 8 along-with all connected
records of award enquiry preliminary Vale statements and other
relevant records etc., duly verified by the Land Acquisition officer shall
be placed before the negotiation Committee for its verification.
(b) The Convenor may submit a copy of the report to the Chairman of the
negotiation Committee. The Convenor of the Committee may issue a
notice to the interested persons for filing any statement or to say
anything in person.
(c) The negotiation Committee may take up local inspections where

deemed necessar y.
10. The procedure for the conduct of the business by the Negotiation Committee
will be as follows:-
· The Chairman may preside or authorize any other senior member over
all meetings of the Committee (except the final meeting).
· The Committee shall hold meetings with the persons interested or with
persons authorised by them. The persons so authorized shall not have
any political affiliations.
· The Chairman or the Convenor shall fix the date, time and place of the
meetings.
· The Committee shall consider and convene meetings at the Mandal

Headquarters or villages wherever deemed necessar y.
53
· The negotiation Committee shall receive further statements of claims in
writing that may be submitted to the Committee.
· The Committee may hear any oral representation made in respect of

any claim by the interested persons or their authorised representatives.
· The negotiations shall be oral and no proceedings or deliberations of

the committee pertaining to the compensation claimed, offered etc.,
shall be recorded.
· The preliminary meetings may be held with all members except

Chairman and nominee of judicial department and as may be
authorised by Chairman.
· The final meeting in which negotiations or settlement is confirmed shall

however necessaril y be presided over by the Chairman and shall be
attended by nominee of Judicial Department also.
· Agreement in Form-II shall be attested by all the members in the final

meeting.
· After Form-III is attested, the Land Acquisition Officer shall obtain

affidavits from concerned interested persons on the same day in Form
– IV.
· Although the Negotiations Committee will hear the ryots, and other
Parties interested in the lands, it will however discourage middle-men
or advocates in the negotiations to ensure that the interests of the
Pattedars are protected and compensation Payable goes only to
concerned Pattedars/interested Persons.
· Where the settlement is reached the land acquisition Officer after

executing agreements in Form-III and IV under rules 10(ix) and 10(x)
shall pass the consent award under section 11(2) read with second
Proviso under Section 31(2) of the Land Acquisition Act. In the
consent award to be so Passed apart from other material facts the
Land Acquisition officer shall specifically mention the total
compensation agreed upon and terms and conditions of the agreement
arrived at in Form –III.
· The amount as agreed to before the Negotiation Committee shall not

be more than 20% increase to the total benefits determined by the
Land Acquisition Officer in the approved Preliminary value Statement.
· The increase from 1% to 20% shall depend upon merits of each case.
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.
CONVENOR NEGOTIATION COMMITTEE
FORM – II
To
The –
(Requisitioning Department)
It is hereby informed that a notification uder Section 4(1) of Land Acquistion

Act, 1894 was duly published at page ……………… . Of part I of Andhra pradesh
Gazett dated ……………………… .. for acquiring the land in Survey No. ……………
measuring an extent of ……………………… Acs of ………………………… ..village
…………………………………………… (Mandal) ……………………… ..District to wit
for …………………………
The persons interested in the said land acquisition have vide their
representation dated …………………………… …………… . expressing willingness for
settlement of their claims by the Negotiation Committee.
You are therefore requested to give your willingness in wring for settlement of
the claims by the Negotiation Committee constituted vide G.O. Ms. No. …………… .
CONVENOR,
NEGOTIATION COMMITTEE
56
FORM – III
Agreement to be executed when land is acquired for Public Purposes by

agreement between the persons interested and the acquiring body U/s. 11 (1) read
with Section 31 (20 of Land Acquisition Act, 1894.
An agreement made this ………………………………… .. day of ………………

19 ………………………………… between …………………………………………
Hereinafter called the ‘Owner” (Which expression shall unless repugnant to the
context or meaning there of include his heirs, executors and 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
that the ……………………………………………………………… executed by the
Owner of the first part and the Interested Party of the other part and registered with
the Sub-Registrar at ……………………………………… . Under serial No.
…………………… .. At pages ………………… volume No. ……………………………
of book ………………………… …… to …………………………………… .. of on (To be
scored out if there is no interested party).
AND WHEREAS the said land/lands have ben notified for acquisition under
section 4 of the Land Acquisition Act, 1894 under Notification No. ……………………
Dated………………………… published one on ……………………………………… ..
and under section 6 of the said Act under Declaration No. ……………………………
dated………………… Published on …………………………………………… . And
whereas the owner and the interested party and the acquiring body agreed for the
payment of compensation at ……………………………………………………………… .
as a ……………………………………………… .. package deal for an extent covering
Acrs……………………………………… …In ……………………………………………… .
(vg) ……………………………………………… .(Mandal) …………………………… ...
(District) the package deal represents the Market value of the land including
structural value and tree value/additional Market value, solatium and interest if any
(up to the date of payment of 1st instalment) and also apportion the same between
themselves as herein after provided.
58
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NO 34] HYDERABAD, MONDAY, DECEMBER 20, 1993.
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REVENUE DEPARTMENT
(L.A.)
AMENDMENT TO RULES RELATING TO ANDHRA PRADESH

LAND ACQUISTION NEGOTIATION COMMITTEE
[ G.O. Ms. No. 1286, Revenue (L.A.), 16 th December, 1993 ]

Land Acquisition Act, 1894 (Contract Act 1 of 1894) the Government of Andhra
Pradesh here by makes the following amendments to the Andhra Pradesh land
Acquisition (Negotiation Committee) Rules, 1992 the same having been previously
published in Rules Supplement to Part – I extraordinary of the Andhra Pradesh
Gazette No. 29, dated the 11 th November 1993, as required under sub-section (2) of
section 55 of the said Act:-
AMENDMENTS
In the said rules
1. In rule 4 item (2) shall be deleted;
2. In rule 10
3. In clause (viii) the words” and nominee of judicial Department” shall be

omitted;
4. in clause (ix) the words occurring and shall be authored by name of Judicial
Department also shall be omitted.
CH.V.S.R. ANJANEYA SASTRY

Deputy Secretary to Government
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Printed and published by the Commissioner of Printing, Government of Andhra
Pradesh at Government Central press, Hyderabad.
59
RULES SUPPLEMENT TO PART – I
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NO 28] HYDERABAD, THURSDAY, JUNE 22, 1995.
REVENUE DEPARTMENT
(L.A.)

LAND ACQUISITION NEGOTIATION COMMITTEE
[ G.O. Ms. No. 296, Revenue (L.A.), 17 th June, 1995 ]

Pradesh here by makes the following amendments the Andhra Pradesh land
Gazette No. 22, dated the 8th May 1995, as required under sub-section (2) of section
55 of the said Act:-
AMENDMENTS
In the said rules
1. In sub-rules (xiv) and (xv) of rule 10, for the figure 20% the figure 50% ,
shall be substituted;
2. In rule 11 of the figure 20% the figure 50% shall be substituted.
A. CHENGAPP A,
Secretary to Government.

60
RULES SUPPLEMENT TO PART – I
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NO 26] HYDERABAD, MONDAY, AUGUST 10, 1998.
REVENUE DEPARTMENT
(L.A.)
[ G.O. Ms. No. 594, Revenue (L.A.), 10 th August, 1998 ]

Pradesh here by makes the following amendments the Andhra Pradesh land
Gazette No. 22, dated the 8th May 1998, as required under sub-section (2) of section
55 of the said Act:-
AMENDMENTS
In the said Rules:-
1. In rule I, for the expression ‘(Negotiation Committee)” the expression “(District

Level Negotiation Committee)” shall be substituted.
2. For rule 2, the following shall be substituted namely:-
· Definitions 1) ‘Negotiation Committee’ means the District Level
Negotiation Committee constituted under rule 4 of these rules.
· In these rules, unless expressly specified, the definition of the words
used shall be same as defined in the Land Acquisition Act, 1894.

· “Action for negotiation shall commence only after approval of
preliminary value and that award enquiry under section 11 of the Land
Acquisition Act, 1894 is completed”.
4. In rule 4, the following item shall be added, namely:-
· One retired District Judge to be nominated by the Government-
Member”.
61
5. In rule 6:-
(a) for sub-rule (ii), the following shall be substituted, namely:-
“(ii) The owner or person interested shall withdraw the cases pending in the
Courts, as the case may be, before payment of compensation and the total
benefits payable under the Act”.
(b) for sub-rule (v), the following shall be substituted, namely:-
“(v) Negotiations for settlement shall commence only when all interested
persons or representatives authorized by them covered by a Notification give
a statement expressing willingness for settlement by the Negotiation
Committee and when the Requisitioning Department or Authority files a
written requisition in Form – V before the District Collector and the Chairman,
Negotiation Committee to 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”.
“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.
Requisitioning Department of authority
63
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NO 49] HYDERABAD, TUESDAY, SEPTEMBER 4, 2001.
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REVENUE DEPARTMENT
(L.A.)

[ G.O. Ms. No. 590, Revenue (L.A.), 4th September, 2001. ]
The following amendment proposed to be made to the Andhra Pradesh Land

Acquisition (District Level Negotiation Committee) Rules, 1992 issued in G.O. Ms.
No. 1050, Revenue (LA) Department, dated 17-101992 and published in the Extra-
ordinary issue of the Andhra Pradesh Gazette No. 45, dated 26-101992 in exercise
of the powers conferred by sub-section (1) of section 55 of the Land Acquisition Act,
1894 (Central Act 1 of 1894) and as subsequent ly amended, is hereby, published for
general information in the Andhra Pradesh Gazette as required under sub-section
(2) of section 55 of the said Act.
Notice is hereby given that the aforesaid amendment to the rules will be taken
into consideration by the Government on or after the expiry of fifteen (150 days from
the date of publication of this notification in the Andhra Pradesh Gazette and any
objection or suggestions received from any person thereof within the aforesaid
period may be considered by the Government. The objections and suggestions
should be in writing either in English or Telugu and addressed to the principal
Secretary to Government, Revenue (LA) Department, Government of Andhra
Pradesh, Hyderabad-500022 (By designation).
AMENDMENT
In the said rules, rule 14 shall be omitted.
A.V.S. REDDY,
Principal Secretary to Government
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NO 1A] HYDERABAD, MONDAY, APRIL 1st, 2002.
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REVENUE DEPARTMENT
(L.A.)
AMENDMENT TO ANDHRA PRADESH LAND ACQUISITION

(NEGOTIATION COMMITTEE) RULES, 1992
[ G.O. Ms. No. 2, Revenue (L.A.), 1st January, 2002. ]

Governor of Andhra Pradesh here by makes the following amendments in the
Andhra Pradesh Land Acquisition (Negotiation Committee) Rules, 1992, the same
having been previously published vide G.O. Ms. No. 590, Revenue (LA) Department,
dated 4th September, 2001 in Rules Supplement to part I, Extraordinary of the
Andhra Pradesh Gazette No. 49, dated the 4th September, 2001, as required under
Sub-section (2) of section 55 of the said Act, and not having received any objections
and suggestions thereon.
[1]
AMENDMENT
In the said rules, rule 14 shall be omitted.
K.C. MISRA,
Special Chief Secretary to Government
65
AMENDMENT TO ANDHRA PRADESH LAND ACQUISITION
(NEGOTIATION COMMITTEE) RULES, 1992 AMENDMENT.
[ G.O. Ms. No. 130, Revenue (L.A.), 21 st March, 2002. ]
The following amendment is issued to G.O. Ms. No. 2, Revenue (LA)

Department dated 1-1-2002.
AMENDMENT
For the words “Extraordinary issue of the Andhra Pradesh ‘Gazette, dated
4-9-2001” occurring in Para 1 of the G.O. Ms. No. 2, Rev. (LA) Department, dated
1-1-2002, the words shall be read as “Extraordinary issue of Andhra Pradesh
Gazette, dated 1-1-2002”.
C. ARJUNA RAO,
Special Chief Secretary to Government.
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NO 16] HYDERABAD, THURSDAY, JUNE 18, 1998.
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REVENUE DEPARTMENT
(L.A.)
CONSTITUTION OF STATE LEVEL NEGOTITATION COMMITTEE FOR

PAYMENT OF COMPENSATION AND TOTAL BENEFITS UNDER A.P. LAND
ACQUISTION (STATE LEVEL NEGOTITATION COMMITTEE) RULES, 1998.
[ G.O. Ms. No. 431, Revenue (L.A. -2), 18th June, 1998. ]

Governor of Andhra Pradesh after having published the draft rules in Rules
Supplement to Part – I Extraordinary of the Andhra Pradesh Gazette as required
under sub-section (2) section 55 of the said Act, hereby makes the following Rules:
RULES
1. Short title, extent –
(1) These rules may be call the Andhra Pradesh Land Acquisition
(Negotiation Committee) Rules, 1998.
(2) They shall extend to the whole of the States of Andhra Pradesh.
(3) In the rules, unless the context otherwise requires:-
(a) “Act” means the Land Acquisition Act, 1894;
(b) “District Committee” means the District Negotiation Committee

constituted under the Andhra Pradesh Land Acquisition
(Negotiations Committee) Rules, 1992.
(c) “State Committee” means the Andhra Pradesh land Acquisition

State level Negotiations Committee Constituted under Rule 3.
67
3. Compensation and composition of the State level negotiation Committee-
(1) The Andhra Pradesh land Acquisition State level negotiation Committee for
settlement of the claims of compensation and total benefits payable under the Act
through negotiation shall be constituted at the State level;
(2) The Composition of the Sate level Committee shall be as follows:-
(i) The Commissioner of Land Revenue .. Chairman
(ii) Secretary to Government, Revenue .. Member
(iii) Secretary to Government, Law .. Member
(iv) Secretary to Government, Finance .. Member
(v) Principal Secretary to Government

(or) Secretary to Government of
the concerned Department .. Member
(vi) Representative of the concerned Requisitioning

Department/Requisitioning Agency .. Member
(vii) Managing Director, APIIC (for industrial projects) .. Member
(vii) One Retired District Judge to be appointed

by the Government .. Member
(ix) Secretary to C.L.R. .. Convenor
(x) Any other officer who the

Committee desires to invite .. 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) The Chairman may preside or authorize any other senor member to
preside over the meetings of the committee, except the final meting.
(ii) The final meeting in which negotiations or settlement is confirmed

shall, however, necessarily be presided over by the Chairman.
(iii) The Convenor under the directions of the Chairman shall fix the date;
time and place of the meetings.
68
5. Powers and functions of the State Committee- The State Committee shall
determine the claims for compensation and total benefits payable under the Act in
cases:
(1) Where the amount recommended by the District Level Committee is

beyond its competence;
(2) When the negotiations at the District Level fail, and the
Requisitioning Department/Authority with the prior approval of the
Head of the Department/ Competent authority makes a written
requisition to the District Collector and Chairman. District
Committee to refer the matter to the State Level Committee for early
completion of Land Acquisition proceedings;
(3) As and when any matter is referred to it by the Government.
6. (1) The Convenor of the State Committee shall cause through District
Collectors concerned notice in form to be affixed at two or more public places like
office of Gram Panchayat , Village Chavadi, etc., of the village in whose jurisdiction
the land proposed to be acquired lies, and the persons interested in the land may be
required to appear personally or by persons duly authorized by them to attend the
meetings of the State Committee at the time and place specified therein.
(2) The State Committee may take up local inspections wherever deemed
necessar y or the Chairman of the State Committee may nominate a team of officials
to inspect the lands and submit a report.
(3) The State Committee after going through various material papers,
documentary evidence and after holding negotiations with the persons interested
shall determine the total benefits payable and shall communicate its decision to the
Collector/District Committee or to the Requisitioning Department/Authority or to the
Government, as the case may be;
(4) After communication of the decision under sub-rule (3) to the District
Committee the land Acquisition officer shall follow the procedure prescribed in the
Andhra Pradesh land Acquisition (Negotiation committee0 Rules, 1992 and take
further action accordingly:
7. The quantum of compensation as arrived at before the State Committee

shall be a package deal inclusive of market value/additional market value/solatium
/cost of the damages/valuation of structures/trees, interest etc., as are allowed under
the Act and the Government orders. The quantum of compensation determined
shall depend on the merits of each case.
8. After negotiated settlement is arrived at by the State Committee the

consent award shall be 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) The State Committee may at any time summon and enforce
attendance and examine any officer or interested person; and
(2) Receive evidence from such officer or person interested.
70
FORM
[Sec Rule 6 (1)]
It is hereby informed that a notification under Section 4(1) of the Land

Acquisition Act, 1894, was duly published at page……………… . of part I of the
Andhra Pradesh Gazette, dated ………………… .. for acquiring the land in sy.
Nos…………………………… measuring an extent of Ac……………… .. in ………….
(v) of …………… ..Mandal in ………………… District to wit for ……………………… .
The persons interested in the said lands are required to appear before the
undersigned at …………………………… on ………………………………… . In the
office of the Commissioner of Land Revenue, Andhra Pradesh, Hyderabad with
necessar y documentary evidence to present their claims for quantum of
compensation for taking further action for 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,
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71
GOVERNMENT OF ANDHRA PRADESH
Abstract
Land Acquisition – Court Cases – Out of court settlement through District level
negotiations Committee – Instructions – Issued
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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.
Dr. Mohan kanda

Chief Secretary to Government.
To
All District Collectors,
The Engineer-in-Chief (AW), Errammanzil, Hyderabad.
The Engineer-in-Chief (Irr.), Errammanzil, Hyderabad.
Copy to: Revenue Department.
// FORWARD :: ORDER //
SECTION OFFICER
73
STANDING ORDERS OF BOARD OF REVENU
(2) (a) The Special officer appointed for land acquisition may sanction the
following transfers and carry out the consequential changes in the revenue
accounts. Without reference to or the intervention of the Revenue Divisional Officers
concerned:-
(i) transfers to Public Works Departments poramboke of assessed waste

and poramboke lands at the disposal of the State Government which
are required for the public work, and
(ii) Transfers to Public Works Department poramboke, of channel s cart-

tracks and footpaths shown as ‘details’ in private holdings which are
sub-divided and reserved in connection with the public work after
publication of notices inviting objections to transfer and without
acquiring such portions.
(b) The Special officer may make payments of the compensation amount
while camping in the village immediately after closing the award
enquiry and passing the award.
(c) The Special Officer may carry out the changes in the village and the
taluk accounts without reference to the Revenue Divisional Officers
concerned in accordance with the following instructions.
(i) While carrying out the changes both in the village and the taluk
accounts and inserting the new maps in the karnams, and the taluk
copies of the Field Measurements Books, the Special Officer should
also attend to the cancellation of old sketches, correction of side
numbers in the field maps affected and amendment of the demarcation
sketches and stone registers.
(iii) The entry of the changes in the diglot register should follow the form of
the diglot register, the blank pages being neatly ruled and all the
columns entered.
(iii) The Special Officer should intimate the new numbers assigned; to the
Survey party, as soon as the survey has been finished or immediately
after the passing of the award without waiting till the changes are
incorporated in the maintained set of maps and in the village and the
taluk accounts.
(iv) The Circle officer or District Survey or may transfer the maintainable
set of maps of the villages in estates to the Survey Party and get them
back after all the new changes have been incorporated.
74
ABSTRACT
LANDS-Government assigned lands coming under submergence in Major and

Medium irrigation & Power projects – payment or compensation in respect or
Government lands assigned on ‘D’ Form patta – Assignment of alternative lands
wherever available to such of occupants not holding ‘D’ Form Patta (Encroachment)
but otherwise eligible for assignment of Government lands – ORDERS – ISSUED.
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REVENUE (B) DEPARTMENT
G.O. Ms. No. 180. Dated: 9th February, 1984

Read the following:
1. G. O. Ms. No. 2530/ Revenue/ Dated 6-6-1980
2. G.O. Ms. No. 1185/ Revenue / Dated 27-7-1981
O R D E R:-
The question of payment of compensation in respect of Government lands

assigned on ‘D’ form patta which are coming under submergence in all the projects
i.e., Major and Medium Irrigation and power projects has been examined by the
Government and the following proposals have been considered:
1. Where ‘D’ form pattas have been given to landless poor persons and
such lands have been acquired under the projects, the land owners
(assignees) will be paid compensation, on the lines of the
compensation paid to similar land owners, under the Vizag Steel
Plant rehabilitation project and Srisailam Project;
2. Where no such ‘D’ forms were granted but the landless poor persons
have been in encroachment of Government waste lands since a
longtime and are otherwise eligible for assignment of Government
lands, the District Collectors will assign to such persons alternative
Government lands where available.
2. After examining the above proposals carefully, the Government issue the
following orders;
3. Government lands which have been assigned on ‘D’ form patta to landless
poor persons and which are coming under submersion of any major, medium
irrigation and power projects, shall be resumed by the government. The assignees
of such lands shall be paid compensation on compassionate grounds at the market
value fixed for similar patta lands in the villages for which draft notification under
section 4(1) of the Land acquisition Act, 1894 were first published and thereafter.
The payment of this compensation shall entitle the occupants to the cash grants
payable to displaced families in terms of G. O. Ms. No. 59/ irrigation & power (P.W.)
Department, Dated 19-3-1980.
75
4. The orders issued in G.O. Ms. No. 1185/ Revenue, Dt. 27-7-1981 will stand
modified to the extent ordered in para 3 above.
5. The powers to resume Government lands assigned on ‘D’ form patta and
coming under submersion of any of the above projects shall be exercised by the
Special Deputy Collector of the respective project, instead of the Revenue
Department officers.
6. Where ‘D’ from pattas have not been granted and the landless poor
persons have been in encroachment of Government lands coming under
submersion of any major, Medium Irrigation or power projects, since a long time and
the said occupants are otherwise eligible for assignment of Government lands, the
respective District Collectors will grant alternative Government lands wherever
available. They will not be entitled for any compensation.
7. The Commissioner of Land Revenue, Hyderabad is requested to take

action accordingly.
(BY ORDER AND IN THE NAME OF GOVERNOR OF ANDHRA PRADESH)
L. SUBBA RAO
SECRETARY TO GOVERNMENT
xx xx xx xx
All Collectors, Karimnagar
xx xx xx xx
/ / Forwarded by Order / /
Sd/- Section Officer.
Superintendent.
76
ABSTRACT
COMPENSATION:- Government assigned lands coming under submergence in

Major and Medium irrigation 7 power projects etc., - payment of Compensation to
assigned lands when resumed for public purpose orders issued.
----------------------------------------------------------------------------------------------------------------
REVENUE ASSIGNMENT 1) DEPARTMENT
G. O. Ms. No. 1307 Dated 23-12-1993
1. G.O. Ms. No. 180 Rev. (n) Dept., Dt. 9-2-84

2. G.O. Ms. No. 603 Rev. (B) Dept., Dt. 28-5-86
5. From the C.L.R. Lr. No. G1/2632/80, Dt. 22-2-92.
ORDER
In G.O.Ms. No. 180 Revenue (B) Department Dt. 9-2-84 and G.O. Ms. No.
603 Rev. (B) Dept., Dt. 28-5-86 orders were issued to the effect that Government
lands, which have been assigned on ‘D’ form patta to landless poor persons and
which will come under submersion of any Major, Medium irrigation and power
projects, or are required for Industrial Projects, shall be resumed by the Government
and the assignees of such lands shall be paid compensation on 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.
(BY ORDER AND IN THE NAME OF THE GOVERNMENT OF ANDHRA PRADESH)
M. NARAYANA RAO
To
All Collectors etc.,
78
REVENUE (ASN. 1) DEPARTMENT
Circular Memo no. 76553/Asn.1 (1) 98-2 Dated: 27-05-1999
Sub:-Land Acquisition- payment of compensation in respect of assigned lands

resumed for public purpose – Instructions – Issued
Ref:1. G.O. Ms.No.1307 Rev. Dt.28-5-86(Asn.1) Department dt. 23-12-1993

2. From govt. pleader for Land Acquisition, high court of A.P. Lr.No. WP,
1510891/LA PRR, Dated 24-1-1999.
3. From the Spl.C.S & C.L.R., Hyderabad Lr.No.G1/175/98, dated 7-4-98
4. From the Spl.Colloctor (FAC) T.G.P. Nellore, Lr. No. D3/153/96, dated
24-7-1998.
*******
It has been brought to the notice of the government that in certain cases
where the assignees were dispossessed from the assigned lands, without resuming
the said lands in terms of the grant and without payment of ex-gratia, the
Government have been directed by the Courts to Initiate proceedings under the
Land Acquisition Act, 1894.and to pay compensation under the said Act. This
involves payment of not only compensation but also other benefits like solatium
interest, additional market value etc., besides the facility to seek reference to the
Civil Court under section 18 of the Land Acquisition Act for enhancement of the
compensation. Due to non–resumption of the assigned lands before they are taken
possession whenever required for any public purpose the Hon’ble High Court in
several cases has ordered for payment of compensation for the assigned lands. In
fact the assignees do not have title over the assigned lands and as such they are not
entitled for compensation under the land Acquisition Act in case the assigned lands
are resumed for a public purpose. Even at the time of grant a condition was
incorporated that if the lands are required for a public purpose the lands can be
resumed by the Government.
2. The Government Pleader for land Acquisition High Court Andhra

Pradesh, Hyderabad has quoted the judgments of the Hon’ble court in (W.P.) A.S.
No. 452 of 1986 and in WP. Nos. 14341/90 and WP. No. 15180/90. (1996 (2) ALD
1215 (FB) = 1997 (1) ALT 498 (FB) Dt. 7-2-1996.
3. In this connection it is also pertinent to quote the verdict of the Hon’ble

Supreme Court of India in S.L.P.No. 18069/96 filed by the Collector, Adilabad and
others against W.A. No. 440/96 which reads as follows:
“Learned Addl. Solicitor General was right when he contended that the Land
Acquisition Act will not be applicable by itself and instead G.O. Ms. No. 1307 will be
applicable and compensation has to be computed as per G.O. Ms. No. 1307, dated
79
23-12-1993. Even learned counsel for the respondents has nothing to say on this
legal position. Therefore it is clarified that when the fresh award is to be 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
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
ABSTRACT
Land Acquisition – Irrigation Projects/Schemes – Resumption of Government

assigned lands/ required for irrigation projects – Comprehensive orders on payment
of ex-gratia to the assignees / allottees when resumed for irrigation projects – Orders
– Issued.
-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
IRRIGATION & C.A.D. (PROJECTS WING – R & R – A2) DEPARTMENT
G. O. Ms. No. 135 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
allottees of surplus ceiling lands whose livelihood is getting affected due to
resumption of their lands for irrigation Projects.
5. In case of private patta lands being acquired on consent basis, the

compensation is being paid as a package deal. The Government have therefore, felt
that it is just and reasonable to pay ex-gratia for the assigned lands/surplus ceiling
lands allotted to beneficiaries to be resumed for irrigation projects on par with the
patta lands acquired on consent award basis subject to other conditions mentioned
in G.O. Ms. No. 1307, Revenue (Assign-1) Department, dated 23-12-1993.
6. As part of Resettlement and Rehabili tation policy, it is the endeavor of

government that people affected by construction of Irrigation Projects are suitably
rehabilited to minimize the impact on their livelihood.
7. In the above circumstances Government after careful consideration and in

consultation with the Revenue department and Finance (W & P) Department hereby
order that ex-gratia to the assignees of government lands resumed for irrigation
projects in the State be paid on pay with the package deal payable to the
pattadars/awardees of private lands acquired on consent award basis for the same
project subject to the conditions, that the Government lands shall in first instance be
formally resumed as per rules and also subject to other conditions mentioned in
G.O. Ms. No. 1307, Revenue (Assign-1) Department, dated 23-12-1993.
8. The government also hereby direct that where patta lands are acquired
under section 11(i) of the Land Acquisition Act for the same project i.e., without
consent award, the provisions of G.O. Ms. No. 1307 Revenue (Assign-1)
Department, dated 23-12-1993. Will continue to be in force for payment of ex-gratia
to the assigned lands.
9. With regard to resumption of surplus ceiling lands allotted to beneficiaries

required for irrigation projects, the Government hereby direct that the surplus ceiling
lands allotted to beneficiaries be treated on par with the assigned Government lands
as far as payment of ex-gratia is concerned and all instructions applicable for
Government assigned lands issued from time to time for payment of ex-gratia will
also be made applicable to surplus ceiling lands allotted to beneficiaries wherever
those lands are resumed for irrigation projects.
10. The Government further direct that the cases of encroachment of

government lands should not be entertained for payment of ex-gratia.
11. This order issues with the concurrence of Finance (W & I) Department
vide their U.O. – No. IS/7138/F.3(1)/2004-1, dated 7-10-2004.
SURESH CHANDA
82
AWARD AND AWARD PROCEEDINGS – INGREDIENTS
· Award to be in Form – 8
Award Proceedings consists of -

· Details of requisition
· True area of the lands being acquired with details of survey numbers, sub
division numbers, classification.
· Details of Govt. and assigned lands involved.
· Details of publication of D.N U/S 4(1).
· Details of conduct of survey.
· Details of publication of D.D. U/S 6.
· Agro economic factors of the village in brief.
· Classification of the lands.
Market Value of the lands (Refer Section 23, read with Section 15) – to be in a
very detailed manner consisting of -
· Details of all registered sales took place during the crucial period, with dates
of inspection of the lands.
· Sales discarded based on factors like situation distance, classification,

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

fertility, irrigation potentiality, proximity to village, similarity of lands covered
by sales with those being acquired, size of the land covered, situation
relative socio economic factors, genuineness of the sales etc.,
· In the absence of detailed discussions as to valuation, Courts may take an

adverse view and tend to enhance the compensation.
· In the case of consent awards U/S 11(2), the details of negotiations and the
package deal arrived at as to compensation to be mentioned in detail.
· Cases if any, hit by ceiling laws.

· Details of protected tenants.
· Particulars of trees, topes and structures.
· Particulars of Irrigation wells.
83
· 12% Additional market value (Section 23-1A).
(not required to be mentioned separately in the case of consent awards)
· 30% Solatium (Section 23-2)
· Interest U/S 34.
Details of award enquiry -

· Full details of service of notices U/S 9(1) and 9(3) to be mentioned.
· Full details of conduct of enquiry with dates to be mentioned.
· Full details of claims filed to be mentioned along with the decisions taken
thereon.
Apportionment -
· Detailed statements to be recorded from all the persons interested in the
land on ownership i.e., how the land devolved on them, whether by
inheritance or through registered sale deed, amount claimed based on valid
documentary evidence, amount of compensation payable covering all
components including interest, how the amount of compensation to be
apportioned among all persons interested.
· In case of dispute on account of ownership, apportionment etc., reference to

be made to Civil Court U/S 30 and amount of compensation to be deposited
in the Civil Court U/S 31(2) for adjudication and not in Revenue deposits.
· Details of exgratia paid for assigned lands resumed not to by mentioned as

it is outside the award.
· The above fact to be mentioned very clearly in the Award itself.

· L.A.O to have before him a plan of the land being acquired with S.D
Records while passing award.
· S.D. Records to be sanctioned by L.A.O while passing award.

· Details of provision of funds.
84
ABSTRACT
Land Acquisition – Filing of appeals in the High Court – Amendment to B.S.O. 90

and 95-Orders –Issued.
----- ------------------------------------------ ----- --------
G.O.Ms.No.370 Dated:-16-4-1993.
1. G.O.Ms.No.4666, Rev.(K)Dept, dated.27-10-1980.

2. C.L.R’s Ref.No.G1/ 1273/91 dt.2-12-91.
****
ORDER:
The following amendments to para (16) of the B.S.O.90 and para (1) of
B.S.O. 95 are issued:-
AMENDMENTS
(1) In note (3) under paragraph 16 of the B.S.O. 90 for the expression the
Collector should take a decision in consultation with the requisitioning department of
the local body or the Company, as the case may be on the question of filing an
appeal of a memorandum of cross objection against the decree of the Civil Court the
following shall be substituted namely:-
“Or in the cases where the Court awards more than 50% of the award made
by the Land Acquisition Officer (including benefits such as solatium, interest
and additional amount of 12%), the Land Acquisition Officer concerned
should immediately send the proposals to the Special Officer, Government
Pleader’s Office, High Court of Andhra Pradesh, Hyderabad for filing appeals
intimating the fact to the District Collector / Special Collector without waiting
for opinion of the Government Pleader concerned or without clearance of
concerned Supervisory Officer. In cases where the Courts award 50% or less
ever the award made by the Land Acquisition Officer, the District Collector /
Special Collector shall decide whether there is any need to file an appeal in
the High Court, unless in the opinion of Government Pleader / Land
Acquisition Officer there were strong grounds to prefer such an appeal”.
(2) In clause (1) of the paragraph (1) of B.S.O. 95 for the expression “In the
case of land acquisition appeals arising out of the decisions given by the civil Court,
the District Collector himself shall take a decision in consultation with the local body
or the Company concerned wherever necessary” the following shall be substituted
namely:-
85
“In the case of land acquisition appeals arising out of the decisions given by
the Civil Courts, where the Court awards more than 50% of the award made by the
Land Acquisition Officer (including benefits such as solatium, interest and additional
amount of 12%), the Land Acquisition Officer concerned should immediately send
the proposals to the Special Officer, Government Pleaders’ Office, High Court of
Andhra Pradesh, Hyderabad for filing an appeal, intimating the fact to the District
Collector/Special Collector without waiting for opinion of the Government Pleader
concerned or without clearance of concerned Supervisory Officer. In cases where
the Court award 50% or less over the award made by the Land Acquisition Officer,
the District Collector / Special Collector should decide whether there is any need to
file an appeal in the High Court, unless in the opinion of Government Pleader / Land
Acquisition Officer, there are strong grounds to prefer such an appeal”.
P. NARAYANA RAO
SECRETARY TO GOVERNME NT.
86
ABSTRACT
COURT CASES – Filing of appeals by way of Special Leave Petition in the Supreme
Court of India against adverse judgments of the High Court without obtaining prior
permission of the Government -Orders –Issued.
----- ----------------- ------------------------ ----- ---------
LAW (L) DEPARTMENT
G.O.Rt.No.146 Dated:-8-2-2001.
1. Memo No.7599/ LSP/RL/L1/455/2000, Law, dt.2.11.2000.

2. Note received from the Hon’ble Chief Minister No.108/N/CMP/2001,
DT.5.1.2001.
****
ORDER:
It is noticed that number of cases are being circulated to the Hon’ble Chief
Minister seeking permission to file Special Leave Petitions in the Supreme Court on
the Judgments related to various matters like Land Acquisition proceedings,
Arbitration cases and Service matters etc., after more than one year lapsed from the
date of judgment of the High Court and in many cases the Supreme Court has
dismissed the cases without going into merits because of the delay in filing the
Appeals.
2. Government have therefore examined the matter and consider that in Memo
1st read above, all the Government Pleaders in the High Court were instructed to
invariably apply for certified copy of the adverse judgment of the High Court
immediately and forward the same promptly to the concerned authority along with
their considered opinion as to the further course of action required to be taken in the
case and advisability of filing appeals to safeguard the interests of the Government.
Basing on the advice of the Government Law Officer, an appeal against an adverse
judgment on the High Court may be filed in the Supreme Court by the concerned
authority immediately without consulting the Government or circulating the files to
the concerned Ministers, as the case may be. However, the Government or the
Hon’ble Ministers be informed of the filing of the appeals and if the Government feels
that the appeal need not be pursued, it can issue appropriate instructions. If the
concerned Law Officer opines that case is not a fit one for appeal in the Supreme
Court, the same may be intimated to the Government for consideration of opinion.
Where an important policy matter is involved in a case, it may be circulated to the
Hon’ble Chief Minister seeking permission to file an appeal. Government have
therefore decided to permit the concerned authority to file an appeal in the Supreme
Court basing on the advice of the Government Law Officer without seeking prior
permission.
87
3. Accordingly, all the Secretaries to Government, Heads of Departments and
District Collectors are hereby authorized to file appeals by way of Special Leave
Petition in the Supreme Court against an adverse judgment of the High Court basing
on the advice of the concerned Government Law Officer without seeking prior
permission of the Government.
K. G. SHANKAR
SECRETARY TO GOVERNME NT,
LEGAL AFFAIRS
88
ABSTRACT
LAND ACQUISITION – Irrigation & CAD Department – Enhance ment of

compensation by the Reference Courts and High Court on references made by Land
Acquisition Officers u/s 18 of Land Acquisition Act – Constitution of District Level
Monitoring Committee to deal with such cases - Orders –Issued.
----- ------------------------------------------ ----- --------
-
IRRIGATION & CAD (PROJECTS WING:TGP.II) DEPARTMENT
G.O.Rt.No.34 Dated:-08-03-2004.
1 G.O.Ms.No.370, Rev.(L.A) Deptt. dt.16-4-1993.

2 G.O.Rt.No.1142 rev.(L.A) Deptt. dt.24-7-1998.
3 G.O.Rt.No.146 Law(L) Deptt. dt.8-2-2001.
****
ORDER:
In the G.O. first read above, standing orders have been issued to the effect
that whenever the Reference Courts enhance compensation in Section 18(1)
references of Land Acquisition Act, 1894 in cases where the courts award 50% or
less over the award made by the Land Acquisition Officer, the District Collector /
Special Collector should decide whether there is any need to file an appeal in the
High Court, unless in the opinion of the Government Pleader / Land Acquisition
Officer there are strong grounds to prefer such an appeal. Similarly in cases where
the enhancement is more than 50% of the award made by the Land Acquisition
Officer including benefits such as solatium, interest and additional amount of 12%),
the Land Acquisition Officer concerned , without waiting for the opinion of the
Government Pleader, concerned or without clearance of concerned Supervisory
Officer, should immediately send the proposals to the Government Pleader’s Office,
High Court of Andhra Pradesh, Hyderabad for filing an appeal, intimating the fact to
the District Collector / Special Collector.
2. As of now, in the cases where the enhancement is more than 50%, the Land
Acquisition Officers are submitting proposals through the District Collectors / Special
Collectors and the Chief Commissioner of Land Administration to the Government
seeking orders whether to file an appeal before the High Court or not. Proposals are
also being received from them for sanctioning payment of part of the enhanced
compensation consequent on the interim orders issued by the High Court, granting
stay. Such cases are quite large in number and it is taking considerable time to
process those cases and issue of orders. On account of the failure to comply with
the court orders in a given time frame owing to the delays caused a large number of
contempt cases and execution petitions are being filed by the claimants resulting in
personal appearance of the Senior Officers in the Government before the High Court
89
and also attachment of the Government properties, creating embarrassing
situations. Apart from this, huge amounts are also accruing towards interest due to
non payment of the decretal charges in time.
3. On a thorough analysis of the above position and taking stock of the entire
procedure now being followed, it is felt that there is absolutely no need for
centralizing the decision making process in respect of the Land Acquisition appeal
cases. In the light of the above facts and in order to further simplify the process for
avoiding delays and accumulation of huge amounts towards interest it has been
decided to decentralize such decision process to the District Level.
4. In the aforesaid circumstances, Government after careful consideration and in

partial modification of the orders issued in the G.Os 2nd and 3rd read above, hereby,
constitute the District Level Land Acquisition Monitoring Committee comprising of
the Officials noted below to review the proposals received from the Land Acquisition
Officers through the Supervisory Officers concerned where the enhancement made
by the Reference Court and High Court is above 50% and less than 100% and take
suitable action either to prefer appeals or to make payment of decretal charges as
the case may be in so far as the Land Acquisition Court cases relating to Irrigation &
CAD Department are concerned.
i) Joint Collector of the District concerned Chair Person

ii) Special Collector of the Project concerned,
if any Associate Chair Person
iii) Land Acquisition Officer Member / Convenor
iv) Superintending Engineer concerned Member
v) Government Pleader / Assistant
Government Pleader concerned Member
5. The above Committee shall discharge the following functions and duties.
i) to take up project-wise/scheme wise review of the cases referred to the

Reference Courts u/s 18(1) and to provide necessary guidance to the
Land Acquisition Officers and other Officers concerned and to provide
necessar y legal input for effective defence of the cases.
ii) to review the action taken by the Land Acquisition Officers for making
prompt payments in the cases, where the enhancement ordered by the
Reference Courts / Lower Courts is 50% or less over the award made
by the Land Acquisition Officer and where it has been decided to drop
filing of appeals in consultation with the Government Pleader /
Assistant Government Pleader concerned.
90
iii) to carefully examine and take decisions for payment of decretal
charges where the enhancement ordered by the Reference Court or
the High Court is above 50% and below 100%, over the award made
by the Land Acquisition Officer, including benefits such as solatium,
additional market value of 12% and interest. If the Committee feels
that there are substantial grounds to prefer appeals, in such cases, it
shall issue necessary appropriate directions to the Land Acquisition
Officers concerned. The Committee shall closely monitor the
processing of all the above such cases and provide necessary
guidance to the Land Acquisition Officers and other Officers
concerned.
iv) Similarly in the cases where the High Court has issued interim orders
granting conditional stay of the orders of the Reference Court / Lower
Court directing to pay part of the enhanced compensation, the
Committee shall examine such cases meticulously and take
appropriate decision either for prompt deposit of the amount into the
Court or to seek review of the orders as deemed fit.
v) The District Collector / Special Collectors shall refer to the Government

such cases where the enhancement ordered by the Reference Court
or the High Court is more than 100% over the award of the Land
Acquisition Officer including benefits such as solatium, additional
market value and interest for taking decision whether to make payment
of decretal charges or to prefer further appeal before the Appellate
Court, well within the limitation period prescribed.
vi) The Land Acquisition Officer concerned shall process all cases to be
placed before the Committee and submit the proposals to Committee
keeping in view the limitation period prescribed.
vii) The Committee shall take appropriate decisions in all such cases and
communicate its decision to the Land Acquisition Officer concerned
promptly well within the limitation period prescribed.
6. The Committee shall meet at least once in a month.
7. The above orders shall be applicable to the Land Acquisition Court cases
pertaining to Irrigation & CAD Department only.
8. These orders shall not, however, preclude the District Collectors / Special
Collectors from preferring Special Leave Petitions in the Supreme Court of
India, as per the orders issued in the G.O. 3rd read above.
9. The above orders shall come into force with immediate effect.
91
10. This order issues with the concurrence of the Revenue (LA) Department
and Law Departments.
11. 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
To
All the District Collectors in the State.
92
IRRIGATION & C.A.D (PROJECTS WING.TGP.II.A2) DEPARTMENT
Memo.No.3766/ TGP.II/04-1. Dt. 3.6.2004.
Sub:- Land Acquisition – I&CAD Deptt. – Enhancement of compensation by

the Reference Court and High Court on references made by Land
Acquisition Officers u/s 18 of the L.A.Act 1894 – Constitution of Dist.
Level Land Acquisition Monitoring Committee to deal with such cases –
Orders issued – Guidelines for implementation of the orders – issued.
Ref:- G.O.Ms.No.34, I&CAD(PW.TGP.II) Deptt. Dt.8-3-2004.
****
With a view to simplify and decentralize the decision making process in

respect of cases where enhancement of Land Acquisition compensation, ordered by
the Reference Courts/High Court is above 50% and below 100% in Land Acquisition
Court cases relating to I&CAD Dept., arising out of Section 18 references, orders
have been issued in the G.O. cited, constituting the District level Land Acquisition
Monitoring Committee under the Chairmanship of the Joint Collector, concerned with
the following members.
1. Joint Collector of the District concerned ….. Chairperson

2. Special Collector of the Project concerned, if any .. Associate Chairperson
3. Land Acquisition Officer concerned ….. Member-Convenor
4. Superintending Engineer concerned ….. Member
5. Govt. Pleader/Asst. Govt. Pleader concerned ….. Member
2. The above Committee has been, interalia, mainly entrusted with the task of
considering and deciding -
i) the Land Acquisition Court cases where the enhancement is above

50% and below 100% over the award of the Land Acquisition Officer
and
ii) the Land Acquisition Appeal cases where the High Court has passed
interim orders with certain directions.
3. In order to facilitate proper implementation of the above orders, detailed

guidelines are hereby issued and sent herewith duly prescribing the formats in
Annexures I to IX for maintaining certain 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
Guidelines on implementation of the orders issued in G.O.Ms.No.34
I & CAD (P.W – TGP.II) Dept., dt.8-3-2004.
****
1. Preamble :- In order to further simplify and streamline the procedure avoiding

delays in the matter of filing appeals or to finalise the proposals for payment of
decretal charges in the cases of enhancement of compensation ordered by the
Reference Court/High Court in respect of the lands acquired for various projects,
taken up by the I&CAD Dept., Govt. have issued orders in G.O.Ms.No.34 I&CAD
(P.W.TGP.II) Dept., dt.8-3-2004 constituting the District Level Land Acquisition
Monitoring Committee (hereinafter called the Committee) under the Chairmanship of
the 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
Acquisition Officer concerned is the Member-Convenor .
1.1 Objective:-
The above orders shall be applicable to the L.A. Court cases, pertaining to
irrigation & CAD Dept., only.
1.2 The main objective of issuing these orders is to simplify and decentralize the
decision making process in respect of cases relating to I&CAD Dept. where the
enhancement ordered by Reference Courts/High Court is above 50% and below
100% to the District Level Land Acquisition Monitoring Committee for avoiding
delays and accumulation of huge amounts towards interest in the Land Acquisition
Court cases.
1.3 While doing so, the Committee shall carefully examine the proposals received
from the Land Acquisition Officers concerned either for depositing the enhanced
compensation into the Court or to prefer appeals in the Appellate Court, wherever
there are substantial grounds.
95
2.1 Categories of proposals to be considered and decided by the District Level
Land Acquisition Monitoring Committee :
i) Cases where the enhancement ordered by Reference Court/High

Court is above 50% and below 100%.
ii) Cases where interim orders are issued by High Court.
3.1 Submission of proposals by Land Acquisition Officers :-
Immediately on pronouncement of an order/judgment by Reference

Court/High Court, the Land Acquisition Officer concerned shall obtain a copy of
order/judgment and decree and the legal opinion of the Govt. Pleader concerned,
examine each and every case with reference to the material available on record and
submit necessar y proposals to the Chairman of the Committee the required material
enclosing the following documents. There shall not be any delay in obtaining
certified copies of Judgment and decree and other material required, and in the
submission of the proposals as any delay would defeat the very purpose of
decentralization of powers to the Committee.
a) Copy of Land Acquisition Officer’s award
b) Copy of the Judgment and decree of the Court
c) Copy of the Opinion of the Govt. Pleader concerned with grounds of

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

filing appeal or otherwise.
e) Check Memo – vide Annexure - I.
f) Calculation sheet in the proforma enclosed.(6 copies) vide Annexure II.
3.2 In cases covered by Category II i.e., interim orders of High Court, the Land
Acquisition Officer shall submit the following documents also.
i) Copy of interim orders of High Court.
96
ii) Copy of Appeal filed.
iii) Opinion of the Govt. Pleader, High Court.
iv) Check Memo and calculation sheet in the proformae enclosed (6

copies) (vide Annexure – III & IV)
3.3 Simultaneously, the details of proposals submitted for consideration of

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

Committee
On receipt of proposals from the Land Acquisition Officer concerned the Joint
Collector/Chairman shall see that a file is opened in the Collectorate Land
Acquisition Branch. Simultaneously, the particulars of proposals received shall be
entered in a register, a model proforma of which is appended at Annexure VI.
Thereafter the following steps shall be taken.
i) To scrutinize whether the proposals from the L.A.O. are in complete

shape, or not.
ii) To fix up a date, time and venue for conducting the meeting and to
communicate the same to the members of the committee along with a
copy of check memo and calculation sheet received, with the L.A.O’s
proposal through the L.A.O. Member Convenor concerned.
iii) For the sake of uniformity in the State, it is suggested to convene the
meeting of the Committee once in a month on every third Saturday at
11.00 AM Saturday being holiday to the Courts.
iv) Depending upon the urgency and necessity, the Committee may meet
more than once a month.
v) The quorum of the meeting is at least two members of the Land

Acquisition Committee besides Chairman of the Land Acquisition
Committee.
vi) In exceptional and inevitable circumstances, the Special Collector if

any and the Superintending Engineer, concerned may nominate a
97
Gazetted Officer under their control with appropriate instructions with
the prior permission of the Chairperson. The nomination shall not be
resorted to in a routine manner.
5. Functions and duties assigned to the Committee :
5.1 The Committee shall examine the proposals of the Land Acquisition Officer
particularly on the following aspects :
i) In cases where the reference Court ordered enhancement , the method

adopted and the documents relied upon by Land Acquisition Officer in
fixing up the Market value.
ii) The grounds on which the Court enhanced the compensation.
iii) The percentage of enhancement over the Land Acquisition Officer’s

award and the total amount including additional benefits payable on
account of enhancement ordered by Court.
iv) Future liability on account of pending section 18 references and 28-A

applications, if any.
v) Opinion tendered by the Government Pleader and the Land Acquisition

Officer concerned.
vi) Whether there are reasonable grounds to file appeal.
vii) Limitation period for filing appeal.
5.2 The Committee shall take decision promptly keeping in view the limitation
period, prescribed for filing appeal, before the Appellate Court, in case thee are
substantial grounds. Otherwise, it shall give appropriate directions to the Land
Acquisition Office for payment of decretal charges with utmost promptitude to
obviate accrual of further interest. While considering the proposals the committee
shall examine whether there are any delays in the processing and submission of the
proposals at any stage and make it’s observations, while communicating it’s
decision, so that necessary action can be taken against the persons responsible.
This decision of the Committee shall be recorded in the Minutes book of the
Committee – vide Model form of Minutes book appended in Annexure VII. An
extract of the minutes of the meeting shall also be sent to the L.A.O concerned along
with a Model form of letter appended in Annexure VIII.
98
5.3 Based on the decision of the committee, communicated by the Chairman of
the Committee the Land Acquisition Officer concerned shall take further action
straight away for filing appeal along with stay petition before the Appellate Court, at
once keeping in view the limitation period prescribed. If the decision of the
Committee is to deposit the amount of enhanced compensation into the Court, the
Land Acquisition Officer shall submit necessary proposals to the Joint Collector /
Special Collector for according administrative sanction along with check memo and
calculation sheet prescribed in Annexure I & II specifying the decision of the
Committee therein. The Joint Collector/Special Collector after thorough verification
of calculations as per the language in the decree and Judgment may accord
administrative sanction expeditiously. Thereafter the Land Acquisition Officer after
obtaining required funds from the C.E/S.E/E.E., concerned shall deposit the decretal
charges in the concerned Court without any delay to avoid accrual of further interest.
6. Interim orders of High Court : -
6.1 In the cases where the High Court has issued interim orders granting
conditional stay of the orders of the Reference Court subject to the condition that a
part of the enhanced compensation is deposited into the Court within a specific
period, it is of utmost importance that prompt decision is taken by the Committee in
all such cases.
6.2 It shall be, therefore, incumbent on the part of the Land Acquisition Officer
concerned to place all such cases with all the required material papers specified at
para 3.2 above before the Committee, immediately after receipt of orders from the
High Court. There shall not be any delay in obtaining the required material and in
the submission of proposals as any delay would seriously hamper the
decentralization of powers to the Committee.
6.3 The Committee shall, thereupon, examine the cases carefully with reference
to the interim orders of the High Court, the grounds of appeal, and the opinion of the
Govt. Pleader, Appeals, High Court and see whether the Judgment of the Reference
Court in enhancing the compensation is reasonable or not or whether it suffers from
99
any infirmities seriously affecting the interests of the Government. After
deliberations, in case it is felt that it is desirable to seek review of the interim orders
of the High Court, the Committee may take an appropriate decision to that effect and
issue suitable directions to the Land Acquisition Officer to take immediate action for
depositing part of the enhanced compensation in the Lower Court, as ordered by the
High Court, within the time stipulated. While considering the proposals, the
Committee shall examine whether there are any delays in the processing and
submission of the proposals at any stage and make it’s observations so that
necessar y action can be taken against the persons responsible. On receipt of the
directions of the Committee, the Land Acquisition Officer concerned shall take
immediate steps to submit necessar y proposals for check memo and calculation
sheet prescribed in Annexure III and IV specifying the decision of the Committee
therein. After obtaining administrative sanction orders, he shall take action for
depositing part of the enhanced compensation into the Lower Court, within the time
allowed, by obtaining funds from the C.E./S.E/E.E. concerned.
6.4 In case, it is not possible to deposit the amount within the prescribed time
limit, the L.A.O. may file a petition before the High Court seeking extension of time
in advance.
7. Registers to be maintained :
7.1 At L.A.O’s 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 At the level of the Chairman of the Committee :-
a) Minutes book of the meetings of the District Level Land Acquisition Monitoring
Committee (vide Annexure VII)
b) Register showing the details of Land Acquisition Officer Court cases, pending
at the beginning of the month, received and disposed of during the month and
100
balance at the end of the month, relating to I&CAD dept., where enhancement
ordered by Courts is above 50% and below 100% over Land Acquisition
Officer’s award considered and decided by the Committee. An extent of this
register shall be submitted to the Government in I&CAD Dept., every month
by 10 th of the succeeding month.
8.1 Other matters to be reviewed with the Land Acquisition Officer’s

concerned.
8.2 Section 18 references : The Committee shall take up project wise /

scheme wise review of the cases referred to the Reference Court u/s 18(1) of the
Land Acquisition Act 1894 and to provide necessar y guidance to the Land
Acquisition Officers and other Officers concerned. For this purpose, the Land
Acquisition Officer concerned shall place before the Committee the details of the
section 18(1) references made to the Reference Court, to ensure whether
(i) the awardees / claimants have received the compensation awarded

under protest.
(ii) the reference is made as per the provisions contained in the Act and
the Land Acquisition Manual, keeping in view the limitation period as
laid down in section 18 of the Act.
(iii) Proper evidence is adduced before the Reference Court, opposing the
claims of the awardees, as otherwise no fresh evidence is likely to be
allowed in the Appellate Courts.
(iv) the cases are properly monitored keeping in close touch with the Govt.
Pleader / Asst. Govt., Pleader concerned and that all the required
material is furnished to him to safeguard the interests of the Govt.,
9. The Committee shall review the action taken by the Land Acquisition Office’s
for making prompt payments in the cases where the enhancement ordered by the
Reference Courts is 50% or less over the award made by the Land Acquisition
Officer pursuant to the orders of the Competent authority i.e., the District Collector /
Special Collector.
10. The salient features of Land Acquisition Act, 1894 from the post award
litigation stage in the form of “questions and answers” is appended at Annexure X..
This is only informative but not comprehensive. The Offices concerned may refer to
101
the Land Acquisition Act, 1894. L.A. Manual and other connected statures and
executive instructions, for any further information and guidance.
102
ANNEXURE – I
CHECK MEMO – LAND ACQUISITION
Proposals for taking a decision by the District Level land Acquisition monitoring
Committee constituted in G.O. Ms. No. 34 I & CAD (P.W. – TGP-II) Department Dt:
8-3-2004 for filing appeal / Review in high court for payment of decretal charges in
respect of cases where the enhancement ordered by the Reference /High court is
above 50% and below 100%.
***
1. Designation of the Land Acquisition : Revenue Divisional Officer/Spl.

Officer from whom proposals received with Dy. Collector/Special Tahsildar.
Current No. and date of reference.
R. C. No.
Dated:
Part 1 : particulars of Award of Land Acquisition Officer vis-à-vis lower Court.
2. Name of Project/Scheme :
4. District Mandal Village
5. L. A. Os Award Lower Court Award
a. Designation of LAO a. Designation of Court
b. Award No. and date b. O.P. No. and date of Judgment
c. No. of Awardees c. No. of claimants:
d. Extent: d. Extent:
Covered by Award Covered by O.P.
103
6. Market value fixed by L.A.O vis-à-vis Lower Court.
Sl. Item Classificatio Rate per Total % of Differenti

No. n of Land acre fixed by compensation enhancem al
Variety of awarded by ent over amount
Trees/type LAOs payable
of award on
structures account
of Court’s
orders.
LAO Low LAO Court
er
Cour
t
A. Land
B. Trees
C. Struc
tures
D. Total
7. Future Liability (approx): No. of cases probable amount
a. Sec. 18 references pending covered by

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

compensation:
9. Opinion of the government Pleader:
10. Opinion of the Government L.A.O
Part II follow up action on enhancement made by Lower court, if appeal is already

filed.
11. (a) Date of filing appeal in the High Court
(b) Whether any interim stay granted by High Court,

if so the conditions thereof:
(c) orders of the Government for complying with

interim directions of the Court, if any
(d) Amount deposited on the interim directions:
104
12. Date of final disposal of appeal in the
High Court.
13. Appeal allowed/partly allowed/dismissed/

Dismissed with further directions, if so the
Nature of disposal.
14. Balance compensation payable as per final

judgment of High Court
(a) Total amount payable
(b) Amount paid as per LAO’s award
(c) Amount deposited as per interim orders of

High Court
(d) Balance Payable (a-(B+C))
15. Future liability (probable) in case filing of

Appeal is dropped:
a. Details of section 18 references in the same

award.
b. Details of applications U/s 28-A pending if any
16. Opinion of the G.P./A.G. on filing review/SLP or for

deposit of the enhanced compensation.
17. Opinion of the LAO.
18. Is there any delay at the following stages;
i) Getting certified copy of Judgment and decree and

opinion of G.P. concerned.
ii) processing and submission of proposals to the

committee for sanction of decretal charges or
for filing appeal.
iii) Any other reason.

19. Persons responsible for the delay.
20. Remarks of the LAO on items (18) and (19).
Signature and designation of the LAO
105
ANNEXURE – II
Calculation Sheet – OP Wise
PART – I
A) Basic Data:
(i) Designation of the Reference court - O.P. No. and date of Judgment
(ii) High Court - A. S. No. and date of Judgment
(iii) Name of the Village -
(iv) award no. and date -
(v) No. f awardees - No. of claimants
(vi) Extent acquired - Extent
B) Crucial data:-
(i) Date of publication of D.N. U/s 4(1)
(ii) Date of taking possession
C) Decree of Reference court and the

Amounts payable
(i) Rate per Acre
(ii) Market Value
(iii) Solatium
(iv) Additional Market Value
(v) Total
(vi) Amount of interest payable
a) @ 9% per annum for the 1st year.
b) @ 15% per annum for the subsequent years.
(vii) Grand Total Rs.
106
D) Amount paid as per LAOs award:
i) Rate per acre
ii) Market Value
iii) Solatium
iv) Addl. Market Value
iv) Total
v) interest, if any
vii) Grand Total
E) Differential amount payable
i) Market Value
ii) Solatium
iii) Addl. Market Value
iv) Total
v) interest, if any
vii) Grand Total
NB:- amount already paid by LAO may first be set

off against interest and the balance against principal
amount which is inclusive of MV., solatium and
Addl. Market value.
F) Recommendations of the LAO.
107
PART – II
(To be filled up in cases where High court has 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)
H. i) A.S. No. and date of order
ii) Gist of the order
iii) differential amount payable to

claimants/recoverable from claimants
iv) Amount already paid.
M.V. Solatium – Addl. M.V. Interest Total

a) As per LAOs award
b) As per interim orders of the High Court
c) Total Rs………………… ..
v) Differential amount payable
108
PART - IV
(To be filled up on receipt of final orders of Supreme Court)
I. (i) SLP No./C.A. No. & Date of Judgment
(ii) Whether High Court’s Judgment confirmed.

If not the directions
iii) differential amount payable.
Signature and Designation of

the
Land Acquisition officer
N.B:- 1) In the case of proposals for payment of enhanced compensation on the

orders of the Reference Court, please fill up Part I only i.e. columns A to F.\
2) In the case of proposals for payment of part of enhanced compensation on interim

orders of High Court, please fill up part I and II i.e., columns A to G.
3) In the case of final orders of High court, please fill up Part I, II and III i.e., columns
A to H.
4) In the case of final orders of Supreme court, please fill up Part I to IV i.e., columns
A to I.
109
Enclosure to Annexure II
Calculation sheet – Claimant wise
Statement showing the decretal charges to be deposited in the Civil Court.
Sl. Rate per acre Value for the
No. (Classification wise) Structures Trees etc.,
(Variety Wise)
Paid by Awarded Paid by Awarded

LAO by court LAO by Court
1. Name of the Village
2. Reach No.
3. Award no. and date
4 Date of 4(1)
Notification
5. Date of taking
possession
6 L.A. O.P. No.
7. A.S. No.
110
Amount awarded by Lower Court
SL. Name of L.A..P. Surve Extent of Classifi Market Solatium Addl. Interest Grand
No. the No. y No. land cation. Value Market Total
awardee/ including Value
claimant structures,
trees, etc.,
9% 15% Total
1 2 3 4 5 6 7 8 9 10 11 12 13
Amount awarded by LAO Difference

Market Solatium Addl. Interest If any Grand Market Solatium Addl. Market Interest Grand
Value. Market Total Value Value Total
Value
9% 15% Total 9% 15% Total
14 15 16 17 18 19 20 21 22 23 24 25 26 27
Income Tax to be deducted and Net amount payable to

payable to Income Tax the Claimant
Department
28 29
Appeal Stage
High court Amount if any, paid on interim orders Supreme Court

of High court
A.S. No. & Whether Differential
Date of Lower amount Whether Differential
Judgment court No. & Date Date of Amount payable on S.L.P. No./ high amount
Judgment of High deposit deposited account of C.A. No. & Court’s payable, if
confirmed Court’s High court’ date of judgment any
or not. If order Judgment confirmed.
not, the If not the
directions directions
of High
Court,
30 31 32 33 34 35 36 37 38
Signature and designation of

Land Acquisition Officer
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. Level L.A. Monitoring
Committee constituted in G.O. Ms. No. 34 I&CAD (P.W. TGP.II) Department Dated
8-3-2004.
***
1. Designation of the : Revenue Divisional Officer/Spl.

Officer from whom proposals received with Dy. Collector/Special Tahsildar.
Current No. and date of reference.
R. C. No.
Dated:
Part 1 : particulars of Award of Land Acquisition Officer vis-à-vis lower Court.
2. Name of Project/Scheme :
4. District Mandal Village
5. L. A. Os Award Lower Court Award
a. Designation of LAO a. Designation of Court
b. Award No. and date b. O.P. No. and date of Judgment
c. No. of Awardees c. No. of claimants:
d. Extent: d. Extent:
Covered by Award Covered by O.P.

6. Market value fixed by L.A.O vis-à-vis Lower Court.
Sl. Item Classificatio Rate per Total % of Differenti

No. n of Land acre fixed by compensation enhancem al
Variety of awarded by ent over amount
Trees/type LAOs payable
of award on
structures account
of Court’s
orders.
LAO Lower LAO Court
Court
A. Land
B. Trees
C. Struc
tures
D. Total
7. Future Liability (approx): No. of cases probable amount
a. Sec. 18 references pending covered by

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

compensation:
Part II Follow up action on enhancement made by Lower court, if appeal is already

filed.
9. (a) Date of filing appeal in the High Court
(b) Whether appeal filed in time with stay petition,

If not, period of delay.
(c) Date of interim orders of High Court if so conditions

Stipulated thereof.
(i) Percentage of amount to be deposited

(ii) Withdrawal with or without security.
(iii) Date stipulated for compliance.
10. Total Amount to be deposited as per interim orders
114
11. Opinion of the Government Pleader of High Court
/Advocate General
12. Recommendations of the L.A.O.
13. If there any delay in the following stages;
i) Getting certified copy of Judgment and decree and

opinion of G.P. concerned .
ii) processing and submission of proposals to the

committee for sanction of decretal charges or
for filing appeal.
iii) Any other reason.
14. Persons responsible for the delay.
15. Remarks of the LAO on items (18) and (19).
Signature and designation of the LAO
115
ANNEDURE – IV
Calculation Sheet – OP Wise

Statement showing the amount of decretal charges payable on 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 - A. S. No. and date of Judgment
(iii) Name of the Village -
(iv) award no. and date -
(v) No. f awardees - No. of claimants
(vi) Extent acquired - Extent
B) Crucial data:-
(iii) Date of publication of D.N. U/s 4(1)
(iv) Date of taking possession
C) Decree of Reference court and the

Amounts payable
(vii) Rate per Acre
(viii) Market Value
(ix) Solatium
(x) Additional Market Value
(xi) Total
(xii) Amount of interest payable
a) @ 9% per annum for the 1st year.
b) @ 15% per annum for the subsequent years.
(vii) Grand Total Rs.
116
D) Amount paid as per LAOs award:
i) Rate per acre
ii) Market Value
iii) Solatium
iv) Addl. Market Value
iv) Total
v) interest, if any
vii) Grand Total
E) Differential amount payable
i) Market Value
ii) Solatium
iii) Addl. Market Value
iv) Total
v) interest, if any
vii) Grand Total
NB:- amount already paid by LAO may first be set

off against interest and the balance against principal
amount which is inclusive of MV., solatium and
Addl. Market value.
F) Recommendations of the LAO.
117
PART – II
(To be filled up in cases where High court has 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.

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. Rate per acre Value for the Structures
No. (Classification wise) Trees etc., (Variety
Wise)
Paid by Awarded Paid by Awarded
LAO by court LAO by Court
1. Name of the Village
2. Reach No.
3. Award no. and date
4 Date of 4(1)
Notification
5. Date of taking
possession
6 L.A. O.P. No.
7. A.S. No.
119
Amount awarded by Lower Court
SL. Name of L.A. Survey Extent of land Classification. Market Solatium Addl. Interest Grand
No. the O.P. No. No. including Value Market Total
awardee/cl structures, Value
aimant trees, etc.,
9% 15% Total
1 2 3 4 5 6 7 8 9 10 11 12 13
Amount awarded by LAO Difference

Market Solatium Addl. Interest If any Grand Market Solatium Addl. Market Interest Grand
Value. Market Total Value Value Total
Value
9% 15% Total 9% 15% Total
14 15 16 17 18 19 20 21 22 23 24 25 26 27
Income Tax to be Net amount C.M.P. Gift of High Amount to be

deducted and payable payable to No./A.S. No. Court’s deposited
to Income Tax the and date of interim order
Department Claimant Judgment
28 29 30 31 32
120
ANNEXURE–V
Register showing the details of proposals in respect of the L.A. court cases relating to the I&CAD Department where the enhancement
ordered is above 50% and below 100% over the award of the L.A.Os submitted for consideration by the District level land Acquisition
Monitoring Committee of District.
Sl. Designation Ref. No. Name of Nam of Award Extent Rate per Amount Designatio O.P. No.
No. of the LAO of LAO the the No. & acquired acre awarded n of the and date
& date of Project/ Village date awarded incl. of all Court
receipt of Scheme & benefits
proposals Mandal
1 2 3 4 5 6 7 8 9 10 11
Rate per Amount Percentage Date of Grounds High Court Opinion Opinion of the
acre awarded of obtaining for A.S. Whether Gist or of the LAO
awarded by Court enhancement C. Cs. of filling No. & interim order G.P.
by Court including Judgment appeal if Date order or concerned
all and any (in of final
benefits decree brief) order order
12 13 14 15 16 17 18 19 20 21
Decision of Reference No. of the Remarks

the Chairman with date
Committee
22 23 24
Section: Signature and designation of

Date: Land Acquisition Office
121
A N N E X U R E – VI
Register showing the details of proposals in respect of the L.A. court cases relating to the I&CAD Department where the enhancement
ordered is above 50% and below 100% over the award of the L.A.Os submitted for consideration by the District level land Acquisition
Monitoring Committee of District.
Sl. Current Designation Ref. No. Name Nam of Award Extent Rate per Amount No. of Designatio
No. No. of the of the LAO of LAO of the the No. & acquired acre awarded awardees n of the
Chairman & date Project/ Village & date awarded incl. of all Court
of Scheme Mandal benefits
receipt
of
proposal
1 2 3 4 5 6 7 8 9 10 11 12
O.P. No. No. of Date of Amount Percentage Future liability on account of Grounds for
& date claimants obtaining enhanced of Sec. 18 ref. Sec. 28-A filing appeal.
C.Cs of by Court enhancement No. If any. (in
Probable No. Probable
judgment & including brief)
amount amount
decree all
benefits
13 14 15 16 17 18 19 20 21 22
High Court Opinion of Opinion of Date of Decision of the Date of Remarks

A.S. No. & Whether Gist of orders G.P. LAO the committee communicat
Date of interim concerned meeting whether to file ion of the
order order or appeal or to decision to
final order deposit decretal LAO
charges
23 24 25 26 27 28 29 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. Name and designation of Designation in the Signature of the officer

No. the Officer Committee present
1 Joint Collector Chairperson
2 Special Collector Associate Chairperson
3 Superintending Engineer Member
4 Government Pleader Member
5 Land Acquisition Officer Member Conenor
Sl. Current No. & Collector’s officer file No. Project/Scheme Mandal/Village
No. Date of Ref. of
LAO
1 2 3 4 5
Details of the Proposals In case of Decision

O.P. No. Wheth Details Total Total interim of the
Designatio & Date of er final of Percentag differentia orders of Committe
n of Judgmen or enhance e of l amount H.C. e
Reference t/ A.S. interim ment enhance payable amount
Court / No. & orders ment payable
High Court date of
Judgmen
t
6 7 8 9 10 11 12 13
123
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)
-x-
A copy of the decision of the district Level land Acquisition Monitoring Committee
taken in It’s meeting held on is herewith communicated to you for taking necessary further
action.
2. The action taken in the matter may be intimated urgently.
Encl: One,
J.C. and CHAIRPERSON

Dist. Level L.A. Monitoring Committee
Copy to all the members of the Dist.

Level LA. Monitoring Committee concerned.
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. Designation Name Receipt

No. LAO of No. Amount No. Amount Total
Project/ pending involved received Involved Amount
Scheme at during No. involved
beginning the
of the month
month
1 2 3 4 5 6 7 8 9
Disposal Balance
Decided to sanction Decided to file appeal Total
decretal charges
No. Amount No. Amount No. Amount No. Amount
involved Involved Involved Involved
10 11 12 13 14 15 16 17
125
ANNEXURE-X
Certain salient features of land Acquisition Act & Land Acquisition Court cases at a glance.
Ø What is L.A. Award?
Award under L.A. Act is merely an offer made on behalf of Government to the owner
of the property.
(Raja Harish Vs. Dy LAO (1962) Sc/ J 696 AIT 1961 – SC 1500
(69 Bombay – L.R. 1967 – Mah. LJ 505 – AIR 1968 – Bom 31)
Ø Who passes the L.A. Award?
Collector i.e., land Acquisition Officer. (Ref. Section 3(c)
Ø Under What Section ?
U/s 11 (1) of the L./A Act.
Ø What shall be the contents of Award ?
i) True area of the land.

ii) Compensation to be allowed.
iii) Apportionment of compensation., among persons interested in the land.
Ø 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.
Ø Can Government empower any officer to exercise their powers ? If so under

what provision ?
Yes. District Collector U/s. 3-A.
Ø What is the time limit prscribed for 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).
Ø Can a consent award be passed ?
Yes. U/s – 11 (2).
Ø Can different awards be passed for different interests in the same land ?
Separate awards for different interest, in the same land not to be passed.
(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.
Ø When the award becomes final ?
Becomes final and conclusive evidence, as between Collector i.e., LAO and persons
interested once it is filed in Collector’s office. (Refer Section 12 (1))
Ø Can an award be corrected ?
Correction of only clerical or arithmetical mistakes is allowed within six months from
the date of award by LAO.
(Refer Section 3 – A)
Even Government cannot question LAOs award since it is made on its behalf.
(1996 (6) – S.C.C. 454)
Ø What is meant by Section 12(2) Notice ?
Notice of award issued by LAO to persons interested who arenot present when the
award is made.
Ø What are the components of compensation paid in LA Award ?
Market value as defined in Section 23 (1)
127
Sum of 30% as defined in Section 23 (2)
Sum of 12%per annum as defined in Sec 23 – 1A Additional market value
Interest in the cases where advance possession of the land / structures was taken.
Ø What is market value ?
Price the asset expected to fetch in open market.
(State of Haryana Vs. Ramsingh)
2001 (5) ALT 37 (S.C) AIR 2001 – SC 2532)
Price which a willing seller expects from a willing buyer.
(1939 – MLT – 45)
(Refer section 23 read with Section 15.)
Ø What are the methods of valuation of lands, structures trees etc ?
Based on –
Price paid within a reasonable time i.e., three years before 4(1) notification in bonafide
comparable sale transactions of lands acquired, adjacent lands with similar
advantages.
Opinion of Experts.
Multiplying value of annual yield of lands etc. (capitalization method)
(Refer Section 23 (1), read with section 15).
Ø What is solatium ?
Sum of 30% to be awarded on market value in consideration of compulsory nature of

acquisition.
(Refer Section 23 (2)
Ø What is additional market value ?
Sum of 12% per annum, on market value for the period from the date of publication of
4 (1)
128
notification to the date of award or date of taking possession of land whichever is
earlier.
(Refer Section 23 (1-A))
Ø What is interest and under what circumstances it is payable ?
i) amount payable by LAO on compensation amount awarded by him from the date of
publication of 4(1) notification to the date of award or date of taking possession of land
whichever is earlier
(Refer Section 34).
ii) Amount payable on enhanced compensation awarded by the Court from the date of
taking possession of land to the date of deposit.
(Refer Section 28).
Ø Under what circumstances section 18 reference is made to court ?
i) Non acceptance of LAO award by persons interested.
ii) Objections from persons interested on measurements, amount of
compensation to persons to whom it is payable and apportionment of
compensation.
(Refer Section 18 (1)).
Ø What are the prerequisites for a claim petition under Section – 18?
i) Receipt of amount of compensation under protest
ii) Written application to Collector.
iii) Grounds of objections to be mentioned in the application.
iv) Application to be made within
a) Six weeks from the date of LAOs award, if the person interested is present at the time
of 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)
Ø Under what section of LA Act, ?
Reference U/s 18 (1) to be made to Reference court under Section 19 (1) and (2)
(Refer Section 19).
Collector competent to withhold section 18 applications, if requirements are not
complied with.
(AIR 1927 – Mad 282).
Onus to prove inadequacy of compensation lies on claimant.
(ILR. (1972) 3 Delhi 780).
Ø What is a Judgment?
Statement given by the judge on the grounds of a decree or order .
(Refer Section 2 (9) of the Civil procedure Code).
Ø What is a decree?
Formal expression of an adjudication, conclusively determining rights of parties.
Decree shall follow Judgment.
130
Ø What is meant by a Judgment – Debtor?
Person against whom a decree is passed or an order capable of execution is made.
(Refer Section 2(10) of civil procedure code).
Ø What is meant by a decree holder?
(Refer Section 2(2) and 33 of C.P.C.).
Any person in whose favour a decree is passed or an order capable of execution is
made.
(Refer Section 2 (3) of C.P.C.).
Ø What is meant by cross objection?
Examination of a witness by the Adverse party.
(Refer Section 137 of the Indian Evidence Act, 1872).
Ø What is the course of action after section 18 reference is made to Court and
during the hearing of the case?
L.A.O to adduce proper evidence both oral and documentary in the Court and defend
his award, contradicting the claims of the awardees.
Ø Can the Reference Court award compensation less than the amount of
compensation awarded by Collector (L.A.O).
No (Refer Section 25).
Ø What is the course of action after reference Court delivers Judgment and decree?
To obtain certified copies of Judgment and decree without delay.
To examine grounds of appeal in consultation with government Pleader concerned with
reference to L.A.O’s award and Court order.
To take action for filing appeal in case there are grounds.
131
Otherwise to take action for Sanction of decretal charges without giving scope for
contempt cases / E.Ps.
Ø What is the provision in the L.A. Act for filing appeals on the orders of Reference
Court?
Under section 54 of L.A. Act, appeal lies against orders of Reference Court to High
Court and from High Court to Supreme Court.
Ø What is the time limitation to prefer appeal in the High Court?
Within 90 days from the date of decree or order of the Reference Court.
Ø What is an interim order of the High Court/Supreme Court in respect of and
Acquisition matters arising out of judgments of Lower Court on Section 18
references?
An order passed by the High court/Supreme Court granting stay of Lower court’s order
subject to deposit of a part of enhanced compensation within a stipulated time or to give
interim relief as the court deems fit.
Ø What is the effect if time limit stipulated in the interim order is not complied with?
Failure to comply with the interim orders may result in automatic dismissal of the stay
application.
Ø If the interim orders are not complied with within the stipulated time what is the
further action to be taken by the L.A.O.
To seek extension of time in advance for depositing the amount.
Ø What is the action to be taken on filing appeal before the High court?
L.A.O. to defend his award effectively, contradicting the claims of the awardees.
132
Ø What is the further action to be taken after receipt of High Court’s judgment and
decree?
To obtain certified copies of Judgment and decree without delay.

To obtain the opinion of the Government Pleader concerned / Advocate General with
reference to L.A.Os award, Lower Court’s order etc., on filing of appeal or otherwise.
To take action for filing appeal within the limitation period in case there are grounds.
Otherwise to take action for sanction of decretal charges, without giving scope for
contempt cases / E.Ps.
Ø Is it necessary to seek the opinion of the Government Pleader?
Yes. The legal opinion of the government Pleader to be obtained should be specific
traversing fully the grounds of appeal.
Ø What is the time limit allowed for filing review petition before the High court?
30 days
(Refer Art. 124 of Indian limitation Act, 1963).
Ø What is the time allowed for preferring further appeal to Supreme court of India
by way of S.L.P.?
Within 90 days from the date of decree and Judgment of High court.
(Refer Article 13. C of the Indian Limitation Act, 1963).
Ø What is an E.P.?
Application filed by the decree holder before the court for execution of decree
(Refer rule 10 of order 21 of Civil procedure Code.)
Ø Can the E.P. be filed for attachment of property of Judgment – debtor?
Yes. For attachment of both movable and immovable property of Judgment – debtor.
(Refer rule 12 and 13 of order 21 of Civil procedure code)
Ø Whether there is provision for arrest and detention of Judgment debtor?
Yes. (Refer Rule 11-A of Order 2 of C.P.C.)
133
Ø Whether stay of execution of court order can be obtained?
Yes.
(Refer rule 26 and 29 of Civil procedure Code).
Ø What is meant by contempt (Civil) of Court?
It is willful disobedience of any judgment, decree direction, order, writ or other process
of a
Court or willful breach of an undertaking given to a Court
(Refer Section 2 (b) of Contempt of Courts Act, 1971).
Ø What is the time allowed to file contempt against Government.
No Court to initiate contempt proceedings after expiry of one year from the date of
commitment of contempt.
(Refer section 20 of contempt of Courts Act. 1971).
Ø What is the punishment for contempt of court?
Simple imprisonment for a term up to six months or with fine up to Rs. 2,000/- or with
both
(Refer Section 12 of contempt of Courts Act, 1971).
Section 28-a of L.a. Act.
Ø What is a section 28 – A application?
Application for redetermination of the amount of compensation on the basis of the

award of the
Court.
(Refer Section 28 – A (1)).
Ø Under what circumstances, a person interested can make an application U/s 28-A
(1)?
If a person interested in the other lands covered by the same notification U/s 4 (1) is
also aggrieved by L.A.o’s award, in case of enhancement of compensation by the Court.
134
Ø What are the ingredients required for preferring a petition U/a 28-A?
(Refer Section 28-A (1))
i) Application to be made to L.A.O. within three months from the date of Civil
court’s award.
ii) Award should have been made by the court after section 28-A came into
force.
iii) applicant should have been a person interested in other lands covered by
same notification U/s 4 (1).
iv) Applicant should not have made application U/s 18.
v) Applicant to make only one application U/s 28-A
vi) Section 28-A applies to only civil court order in O.P. does not apply to order
of Appellate court i.e., High Court.
Section 28-a (1) read with 1995 – SC 2259
1997 – SC 1793 – CLR’s Ref. No. G.1/3629/90 dt. 31-12-1990.
Ø Whether Section 28-A application can be filed even when the amount of
compensation was received without protest?
Yes.
(Refer C.L.R.’s Ref. No. G. 1/47/98 dt. 15-6-1998).
(1995 (2) SC 689).
Ø Should the L.A.O. simply follow the Judgment of the civil court in 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
ABSTRACT
Land Acquisition – Sanction of decretal payments towards land acquisition –

Delegating powers to heads of Department to sanction certain decretal payments -
------------------------------------------------------------------------------------------------------------------
FINANCE (WORKS & PROJECTS (F.3)) DEPARTMENT
G.O. Ms. No.9 Dated:9-7-2004

Read the following
1. G.O. Ms. No. 370 Rev. (LA) Dept. Dt. 16-4-1993.
2. G.O. Ms. No. 2341 & CAD Dept. Dt. 15-10-1993.
3. G.O. Ms. No. 431 & CAD (PW –TGP.II) Dept. Dt. 8-3-2004.
O R D E R:
Government is taking up several developmental activities. Certain of Infrastructure

facilities and irrigation potential is the thrust area of development. For executing above
works land required will be acquired by government under provisions of land Acquisition Act.
The amount required for the land acquisition will be provided by the Execution Department.
Land Acquisition Act provides for appeal against the rate fixed by Land Acquisition Officer.
The aggrieved land owners are approaching courts for enhanced compensation with
increase in development are approaching courts for enhanced compensation with increase in
development activities, the litigations in land acquisition are increased. Several cases are
pending in different courts. The attachment of government properties as a result of delay in
meeting execution petition ordered by court, are on the rise.
2. The provisions in article 209 and 51 (b) of Andhra Pradesh Financial Code Vol. I
requires the sanction of government against each payment either interim or final for the
reason of payment of interest and in the absence of authorization by some general or special
orders of Government. Normally land Acquisition officers are the respondent s in land
acquisition court cases. Executive Department has to accord sanction for payment and
provide funds. This resulted in initiation of proposal by Land Acquisition Department will
arrange for sanction, after observing due procedure. With increased litigations in land
acquisition matters, there is a corresponding increase in proposals. These proposals are as
per court decree, interim orders (or) final orders. Many of these proposals do not involve any
critical examination of principle. The delay in initiating proposal, obtaining sanction and
arranging payment is resulting in additional financial commitment to Government on account
of interest.
3. The matter of sanction of decretal payment received attention of Government. It is

considered that number of cases where the decision could have ended at the level of land
Acquisition officer or head of the Department are referred to government for a decision
because of provision in Financial Code. It is further noticed that when the litigations was very
limited this could have served the purpose, but with increase litigations routine, small
amounts are also being sanctioned at Government level. Government considers that this
procedure is consuming lot of precious time of senior functionaries which can be put to better
136
use. Further this represents over centralization in terms of small amounts, sanction also
coming up to Government level and getting.
4. After careful examination of the matter, Government hereby order to delegate the
following powers to the heads of Departments of engineering Departments or other officers
authorized with these powers by respective administrative Department.
i. To sanction all interim payments as per orders of High court or any other
court subject to availability of provision in Budget Estimate under
“Charged’ category of relevant object head.
ii. To sanction full payment of decretal charges where enhancement allowed
by court is below 100% of rate fixed by land Acquisition officer and where
appeal is considered not necessary subject to approval of District Level
land Acquisition monitoring Committee constituted under reference III
cited and provision in Budget Estimate under “charged’ category of
relevant object head.
iii. To comply with orders of Lok Adalat as per guidelines prescribed by
Government from time to time.
5. The government desires that heads of Departments of Engineering Departments

should undertake critical review of the requirements and make sufficient provision in budget
estimates so that the delegation becomes meaningful. Further the heads of Departments are
instructed to maintain relevant records to monitor the progress of land Acquisition court
cases and exercise powers delegated diligently with utmost care and due promptitude.
6. Government further order that proposals in all cases where enhancement by courts
is 100% and above of the rate fixed by Land Acquisition officer shall continue to come to
Government. Similarly all cases where the expenditure is to be met as advance from
contingency fund, the proposals for sanctioning advance from contingency fund shall
continue to come to Government. All other cases where delegation of powers are not
ordered shall continue to come to Government.
7. these orders shall come into force from the date of issue heads of the Departments
are empowered to deal all pending cases, except where sanctions are issued by
Government.
(BY ORDER AND IN THE NAME OF GOVERNOR OF ANDHRA PRADESH)
I.Y.R. KRISHNA RAO

PRINCIPAL SECRETARY (W & P)
To:
All ENCs/CEs of I & CAD Department and R&B Department
All District Collectors
All special Collectors of Major projects
Director of Works Accounts and All JDWAS, PAOs/APAOs.
137
IRRIGATION AND CAD DEPARTMENT
Memo No. 65272/Irrgn.v.3/2004-2 Dated: 2-8-2004
Sub:- Suits – LA PJP – Mahaboobnagar district – Dharoor Mandal – Chintarevula

Village – Sr. Civil judge, Gadwal enhanced the market value on the reference
made by the Spl. Dy. Collector, L.A., PJP., Gadwal U/s 18 of L.A. Act in OP
No. 185/95 and batch dated: 16-02-2004 – Classification sought for whether
to file an appeal in the hon’ble high court – Certain – instructions – Issued –
Regarding.
Ref:- 1. G.O. ms. No. 34, I&CAD (PW.TGP.II) Deptt., Dated. 8-3-2004.
2. From the Spl. Collector (FAC), Srisailam project, Kurnool, Lr. Rc.
BS/149/2004, dated: 28-04-2004.
3. From the Spl. Collector, SSP., Kurnool, Lr. Rc. B3/149/2004, Dt: 5-7-2004.
***
In the reference 2nd cited, Spl. Collector, SSP., Kurnool sought for permission to file
appeal in appellate court as per para 5 (V) of G.O. Ms. No. 34 I & CAD (PW.TGP.II) Deptt.,
Dated. 8-3-2004. as enhancement is more than 100%.
In this regard all L.A.Os are informed that if they are of the view that appeal should be
filed, they should do so without referring to Government for orders.
Only in cases where they feel, as per the advice of government Pleader, that there are
not enough grounds to file appeal even though enhancement is 100% or more such cases
only be referred to government for instructions.
In other words where LAOs feels appeal should be filed, they should do so. In cases
where they think there is no need to file appeal and further action be dropped, refer such
cases only to Government for orders.
SURESH CHANDA
To
All the district collectors in the State.
All the Spl. Collectors in State, SLSP, Tarnaka
All the Joint collectors in the State.
All the Land Acquistion officers in the State through the
Collectors/special Collectors concerned.
Copy to the spl. C.s. & CCLA., Hyderabad.
Copy to the I & CAD (PW.TGP.II) Deptt.
Copy to SF SCs.
/ / FORWARDED BY ORDER / /
SECTION OFFICER.
138
ABSTRACT
Land Acquisition – Irrigation & CAD Department – Enhance ment of compensation by the
Reference courts and High Court on references made by Land Acquisition officers U/s 18 of
Land Acquisition Act – District Level land Acquisition Monitoring Committee to deal with such
cases constituted – Certain amendments – Issued.
----------------------------------------------------------------------------------------------------------------
IRRIGATION & CAD (PROJECTS WIND.TGP. II.A2) DEPARTMENT
G.O. Ms. No. 119. Dated: 13-10-2004

Read the Following:
1. G.O. Ms. No. 370, Revenue (LA) Deptt., dated 16-4-1993.

2. G.O. Ms. No. 34, irrigation & CAD (P.W) Deptt., dated 8-3-2004.
O R D E R:
In the G.O. second read above, with a view to minimize delays in decision taking
process, orders were issued constituting a district Level land Acquisition monitoring
Committee to d4al with court cases arising out of Section 18 of Land Acquisition Act where
the enhancement of compensation made by the reference courts & High court is above 50%
and less than 100% and to take suitable action either to prefer appeals or to make payment
of decretal charges as the case may be in so far as the land acquisition court cases relating
to Irrigation & CAD Department is concerned.
2. With regard to cases, where the enhancement ordered by courts is more than
100% over the award of the Land Acquisition officer as per sub para (v) of para 5 of the G.O.
second cited, the district Collectors/Special Collectors shall refer such cases to Government
for taking decisions whether to make payment of decretal charges or to prefer further appeal.
3. in order to obviate the least possible delay in processing and taking decisions in
such land Acquisition Court cases, the Government have carefully examined the matter and
decided to delegate powers to District collectors/Special collectors to take decisions at their
level without referring them to Government. Accordingly the Government hereby order that
139
the orders at sub para (v) of para 5 of the G.O. second read above shall be substituted by
sub paras (v) (a) and (b) of paragraph 5 as noted below:
(v) (a) The district collectors/ special collectors are authorized to examine and take
decisions whether to prefer an appeal or to deposit the decretal charges in
respect of the Land Acquistion court cases relating to irrigation & CAD
Department where the enhancement ordered by the Reference Court / High
Court, as on the date of order, including all the benefits such as the market value,
solatium, additional market value and interest and the future liability arising out of
Section 18 references and Section 28-A applications, covered by the same
notification U/s 4(1) of the land Acquisition Act is 100% or more out the total
additional financial involvement is less than Rupees on lakh.
(vi) (b) In cases where the enhancement ordered by the Reference Court is 100% or
more over the award made by the Land Acquisition Officer as on the dates of
order, including all benefits such as solatium, additional market value and interest
and also the future financial liability on account of Section 18 references and
Section 28-A applications covered by the same notification U/s 4 (10 of the land
Acquisition act, 1894 is Rupees one lakh and above the land Acquisition officers
concerned i.e., Revenue Divisional officers, special Deputy collectors and
Special Tahsildars etc., also far as the land Acquisition court cases relating to
irrigation & CAD Department are concerned shall file appeals before the
Appellate court i.e., High court without waiting for the opinion of the government
pleader or the clearance of the District Collectors / special Collector concerned.
4. The above orders shall come into force with immediate effect.
5. This order issues with the concurrence of the Revenue (Land Acquisition)
Department and Law Department.
6. Necessar y amendments will be issued to the orders issued in the G.O. first read
above by the Revenue (Land Acquisition) department.
SURESH CHANDA
SECRETARY TO GOVERNME NT (PROJECTS)
To
140
All the District Collectors in the State.
All the Special Collectors in the State
All the joint Collectors in the State.
All the LAOs in the State through the Collectors/Special Collectors.
The special chief secretary & chief commissioner of Land Administration
Andhra Pradesh, Hyderabad.
The Revenue (LA) Department, A.P. Secretariat, Hyderabad.
The Finance Department, AP., Secretariat, Hyderabad.
The Law Department, AP Secretariat, Hyderabad.
Copy to:
All engineers-in Chief/Chief Engineers in the State.
All Secretariat Departments dealing with land Acquisition.
The Advocate General, Andhra Pradesh High court,
Andhra Pradesh, Hyderabad.
The Government Pleader, Appeals, high court of Andhra Pradesh, Hyderabad.
All Circulating officers dealing with Land Acquistion in Irrigation & CAD Department.
The P.S. to Additional Secretary to CM.,
The P.S. to Minister (Major irrigation).
The P.S, to Minister (Minor Irrigation).
The P.S. to Principal Secretary to Government, irrigation & CAD Department.
The P.S. to Secretary (P), irrigation & CAD Department.
All Sections dealing with land Acquistion in Irrigation & Cad Department.
SC/SF
141
FINANCE (WORKS & PROJECT S) DEPARTMENT
G.O. Ms. No. 1s/9079/F3(1)/2004-1 Dated: 03-01-2005.
Sub: Land Acquisition – sanction of Decretal payments towards land Acquisition

Delegation of Powers to the Heads of Department to Sanction certain decretal
amount – Clarification – Issued.
Ref:- 1.G.O. Ms. No. 9, finance (W&P) Dept. Dt. 9-7-2004
2. Note from Secretary (Projects), I & CAD, C. No.190/Secy. (P)/2004,
Dt. 14-12-2004
***
nd
In the reference 2 cited, Secretary to Government (Projects), I & CAD Department
have to issue clarifications to para 4 (ii) of G.O. Ms. No. 9 as guidelines to Head of
Departments on implementation. It was suggested that there is some confusion in regard to
the interpretation to the worked rate fixed by land Acquisition officer” mentioned in G.O. Ms.
No. 9, Dt. 9-7-2004. It is to clarify that the word “rate fixed by land acquisition officer’ at para
4(ii) of g.O. Ms. No. 9, Dt. 9-7-2004means land value only and does not include solatium.
Additional market value 9or) interest.
Further, the following guidelines are issued as requested by I & CAD Department
i) Collector / Special Collector Concerned can issue the sanction of the payment
as per the orders of courts.
ii) Sanction order will be sent by District Collector/ Special Collector to the Chief
Engineer concerned for transfer of funds for making payment wherever
required.
iii) The Present procedure for drawl funds will continue.
I.Y.R. KRISHNA RAO

To
All ENCs/CEs of I & CAD Department and R & B Department
All district collectors
All special Collectors of Major Irrigation Projects,
Director of Works Accounts, Hyderabad.
All JDWAS, PAOs/APAOs
Copy to Accounts General (A&E) AP, Hyderabad.
Copy to AG (Audit &I), Hyd.
Copy to I&CAD Department
Copy to R&B Department
Copy to Rev (LA) Department.
Copy to Finance (BG) Department
142
Copy to P.S. to Minister (Fin & LA)
Copy to P.S. to Prl. Secretary, Finance (W&P) Dept.
The P.S. to Secretary (P), irrigation & CAD Department.
Copy to P.s. to Secretary, TR&B Department
Copy to DFA & EODS
Copy to AFA & All Sections in Fin (W&P) Dept.
Copy to SF SCs.
SECTION OFFICER.
143
IRRIGAION & CAD DEPARTMENT
Memo No. 4684/R&R-1/2005-1 Dt: 18/1/2005
Sub: Land Acquisition – Delay in release of decretal Charges – Instructions issued

Reg.
*****
All engineers in the department may be aware that land owners, if not satisfied with
the compensation awarded by LAO, approach civil courts for enhancement of compensation.
If enhancement of compensation by court is considered to be high by the government,
appeal is filed by LAO in High Court or Supreme Court. Based on final out come of this legal
process, LAO sends proposal to Spl. Collector / district Collector/ CCLA / Government for
release of balance amount payable to land owners.
Recently, certain powers of Government were also delegated vid G.O. Ms. No. 9,
Finance (W&P) (F.3) Department dated 9/72004 to Chief Engineers, District Collectors and
Spl Collectors to expedite release of decretal charges to land owners.
However in certain cases still proposal need to come to Government for approval and
release of funds.
But it has been observed in large number of cases that even after G.O. is issued,
funds are not released to LAO for depositing in the court leading to unfortunate situation of
either people approaching High Court and filling contempt cases against senior officers or
approaching civil court and leading to attachment of Government properties.
Government have come across few cases where G.Os wer issued in the year 2003
and still funds not released to LAOs. Its nothing but mockery of Government system. Such
delays also put sever financial burden on State Exchequer in terms of interest at 15% per
annum. In most of the cases interest becomes more than the principal amount.
It has been informed that there are very large number of cases pending at field level
even for examination of cases even for implementing Court orders.
Recently high Court has taken a very serious view of this pendency and taken this
issue as separate WP and asked Government to submit its response/stand.
A feeling is going around that I & CAD will not release funds till senior officers are
made to face contempt cases in High Court. Its unfortunate situation but looks to be some
what true in view of facts that even GOs issued in 2003 are still pending for release of funds
and some cases where financial order of courts have com many years back are still pending
for examination / implementation.
144
The universal response for not releasing funds is that provision is not available in the
Budget. All may note that no such defense can be taken as far decretal charges are
concerned.
If sufficient provision is not available in the budget under that particular head, initially
mount can be drawn from contingency Fund and later make good from other head of
account. Other alternative is to re-appropriate from other head of account and release
amount.
Now the basic purpose of this memo. In view of the facts mentioned above, all
ENCs/Chief Engineers are directed to honour and release amount as per government Order
IMMEDIATELY repeat IMMEDIATELY. In case they have some fundamental issue in
honouring the GO they should do so IMMEDIATELY repeat IMMEDIATELY.
In case they fail to take immediate action as mentioned in previous Para undesirable
event of disciplinary action may follow. No needs to repeat but such undesirable events are
to be avoided.
All are requested to go through this memo as number of times as they like to realize
the importance and urgency of the subject.
The undersigned will appear before the courts to answer contempt case where he
personally failed to act and I will answer it. But certainly he shall not too willing to face
contempt cases because of failure of some other officer.
Please realize the importance of the subject and act, as one should do being there to
act.
Kindly acknowledge the receipt of the memo. The undersigned will be happy if
acknowledgment is through email to his email address secy.prok irr@ap.gov.in.
SURESH CHANDA
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.
SECTION OFFICER.
145
IRRIGATION & CAD DEPARTMENT
Memo No. 184/LA.IV & R&R/2004 Dt: 11/2/2005
Sub:- Land Acquisition – Payment of decretal charges – Model Calculation sheet –

Reg.
*****
In many land acquisition cases land owners approach Civil Court for enhancement of
compensation. In many cases when government is not satisfied with the order of Civil court
the appeal is held in High Court. In most of the cases, High Court gives stay on the orders of
Lower Court with the condition to deposit 50% ( in most of the cases) of the compensation in
the lower court. LAOs based on such interim directions deposit 50% amount in the Civil
court. After final decision of the court is received the mater of payment of balance decretal
charges based on final orders of the court, the question of adjusting the previously paid part
amount arises. The instructions were issued by CCLA vide reference No. G1/1932/99, dated
6-12-1999 as follows:
When market value, additional amount solatium and interest are calculated, the
total amount is arrived by a particular date. When the amount deposited or to
be deposited is less than the said total sum, first the amount has to be
appropriated towards market value, additional amount and solatium. The
balance would be towards interest. If still some more balance of interest
remains to be paid it has to be paid without delay before the claimants
approach civil courts for interest on the balance interest.
As per this principle, the part amount paid towards decretal charges should be
adjusted in the order of market value, 30% solatium, 12% additional value interest in that
order.
However, it has been detected by the government while scrutinizing the decretal
proposal for payment of balance decretal amount, many Collectors and Spl. Collectors are
146
not following the above sanctioned principle for adjusting a part payment. Any principle
followed other than indicated above will result in adverse financial implications for the
Government.
The issue was again examined in depth in consultation with Revenue, Law and
Finance departments. Accordingly all the collectors, Spl. Collectors are directed to follow the
principle indicated above for adjustment of part payment.
While depositing part payment in civil court, the Collectors and Spl. Collectors should
first arrive at the amount payable as on the probable date of part payment and then arrive at
the 50% (or any other percentage as per the direction of court) of the amount payable and
deposit such amount in lumpsum in the civil court. At the time of payment of balance amount
( at the time of final settlement) part amount already paid should be adjusted as per the
principle indicated above. For your guidance 3 model calculation sheets have been enclosed
which will help you in understanding the above indicated principle.
SECRETARY (IRRIGATION)
Enclosure: Calculation Sheet
To
All the District Collectors
All Spl. Collectors (LA)
Copy to:
C.C.L.A. for information

Prl. Secretary (I&CAD) / Prl. Secretary (Irrigation) for information
All Junior Officers
All Sections
147
Decretal Charges Calculation
On Date 10/07/1980
Award Date 23/09/1986 Possession date 23/09/1986
Part Payment Date 22/09/1988 Balance Payment Date 22/09/1989
Sl. Item Extent MV by LAO MV by Court Difference in

No. Rate Total Value Rate Total Value total Value
1 Land Value 0.75 4500 3375 11000 8250 4875
2 Wells 0
3 Structures 0
4 Trees 0
5 Others 0
6 Total for S. No. 3375 8250 4875
148
Solatium and Addi tional Value Calculation

Land Wells Structures Trees Others Value
SOLATIUM on 1462.5
√ √ √ √ √
ADDITIONAL VALUE on √ √ √ √ 3631.81

√
From Date 10/07/1980 To Date 23/09/1986
Compute
Interest Calculation on
SOLATIUM ADDITIONAL
√ √ √ √ VALUE
9% Interest 897.24
15% Interest 1495.40

From Date 23/09/1986 to Date 22/ 09/1988
Compute
149
Enter Part Payment amount 7000
Decretal charges Calculation sheet
Get Charge Details
Sl. Claimant Differential Values Total 9% 15% Total Total

11 @ Total Net
No. MV 30% 12% Diff. interest Interest Gross Interest
11.20% payable
solatium Addl. Value Payable on
Value Interest
1 2 3 4 5=2+3+4 6 7 8 9=6+7 10 11
1 Claimant 4875 1462.5 3631.81 9969.31 897.24 1495.40 12361.95 2392.64 267.98 12093.97
2 Part 4875 1462.5 662.50 7000.00 0.00 0.00 7000.00
Payment
3 Balance (1- 0.00 0.00 2969.31 2969.31 897.24 1495.40 5361.95
2)
4 Interest on 0.00 0.00 445.40 445.40 0.00 0.00 445.40 445.40 49.88
balance
5 Total 0.00 0.00 3414.71 3414.71 897.24 1495.40 5807.35 2838.04 317.86 5489
payable
(3+4)
150
Get Charge Details

11 @ Total Net
11.20% payable
solatium Addl. Value Payable on
Value Interest
1 2 3 4 5=2+3+4 6 7 8 9=6+7 10 11
1 Claimant 4875 1462.5 3631.81 9969.31 897.24 1495.40 12361.95 2392.64 267.98 12093.97
2 Part 4875 1462.5 3631.81 9969.31 530.69 0.00 10500.00
Payment
3 Balance (1- 0.00 0.00 0.00 0.00 366.55 1495.40 1861.95
2)
4 Interest on 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
balance
5 Total 0.00 0.00 0.00 0.00 366.55 1495.40 1861.95 2392.64 267.98 1594
payable
(3+4)
151
Get Charge Details

11 @ Total Net
11.20% payable
Solatium Addl. Value Payable on
Value Interest
1 2 3 4 5=2+3+4 6 7 8 9=6+7 10 11
1 Claimant 4875 1462.5 3631.81 9969.31 897.24 1495.40 12361.95 2392.64 267.98 12093.97
2 Part Payment 4875 1306.00 0.00 6181.00 0.00 0.00 6181.00
3 Balance (1-2) 0.00 156.50 3631.81 3788.31 897.24 1495.40 6180.95
4 Interest on 0.00 23.48 0.00 568.25 0.00 0.00 568.25 568.25 63.64
balance
5 Total payable 0.00 179.98 0.00 4356.56 897.24 1495.40 6749.20 2960.89 331.62 6418
(3+4)
152
FORMS
Number Subject
1. Requisition Form
2-A Notification U/s 4(1) for State
2-B Notification U/s 4(1) for Union
3. Notice U/s 5-A
4 Preliminary Valuation Statement
5-A Draft Declaration U/s 6 for State
5-B Draft Declaration U/s 6 for Union
5-C Draft Declaration U/s 6 for Local authority
5-D Draft Declaration U/s 6 for Companies
6 Notice U/s 9(1) and 10
7 Notice U/s (9(3) and 10
8 Award
10 Notice to awardee to deliver possession of land
11 Letter to Requisitioning Department to receive possession of land
12 Statement of land required to e temporarily occupied for (purpose
to be noted)
13 Return of land acquired to e sent to sub Registrar, concerned
15 Return of land granted in exchange
16 Schedule U/s 19(2) to be sent to civil court
19 Special Register eating to acquisition of lands for public purpose
20 Statement of pending LA cases
21 Land acquisition check Memorandum
25 Form of cancellation notice
153
# 746 THE A.P. LAND ACQUISITION MANUAL [ APP.6]
APPENDIX - - 6
FORM – I
Form of requisition
Column 1. Name of Village
“ 2. Survey number and letter

“ 3. Extent
“ 4. Purpose for which required.
“ 5. Boundaries
“ 6. 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. Plan:- That accurate measurements are furnished in the plan attached.
3. Objections:-That the objections of the owners have been duty considered and
that the selection of another suitable site less open to objection by the owners was
found impossible.
4. Entry on Land:- That the land proposed for acquisition was entered upon with the
consent of the owners on ………………………… ..(here enter the date) and subject
to the following conditions:
(Here enter the conditions)

Note:-If the land was entered upon after the requisition was sent and before the award was
passed the fact should be immediately reported to the Land Acquisition Officer, with full
particulars.
G.O.Ms.2222 :Rev., dt.19-6-1958.
Funds:- That provision has actually been made in the budget for the cost of acquisition.
154
FORM 2-A
Form of notification to be issued under Section 4 of Act I of
1894, as amended by Act XXXVIII of 1923
Whereas it appears to the Government of Andhra Pradesh that the land specified in
the schedule below and situated in the ……………………………
Village…………… Taluk………………… ..district, is/are needed for a public purpose, to wit, for
……………………………………… notice to that effect is hereby given to all to whom it may
concern in accordance with the provisions of sub-section (1) of Section 4 of the Land
Acquisition Act, 1894 (Central Act I of 1894);
And whereas it has become necessar y to acquire immediate possession of the

land/lands specified in the Schedule below, the Governor of Andhra Pradesh hereby directs
that the land/lands be acquired under the provisions of sub-section (1)/(2) of Section 17 of
the said Act; *
Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 4 of

the said Act, the Governor of Andhra Pradesh hereby authorizes ------------------------, his staff
and workmen, to exercise the powers conferred by the said sub-section and under clause ©
of Section 3 of the said Act, the Governor of Andhra Pradesh hereby appoints -------------------
-------- to perform the functions of a Collector under Section 5-A of the said Act.
Under sub-section (4) of Section 17 of the said Act, the Governor of Andhra Pradesh
hereby directs that in view of the urgency of the case, the provisions of Section 5-A of the
said Act shall not apply to this case. **
THE SCHED ULE

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

** (2) The provision under the urgency clause should be deleted when not required.
155
FORM 2-B
Acquisition of land for the purposes of the Union

Government Draft Notification under Section 4 (1)
of the Land Acquisition Act, 1894
Whereas in exercise of the powers conferred by clause (1) of Article 250 of the
Constitution of India, the President of India has in the Ministry of Food, Agriculture,
Community Development and Co-operation (Department of Agriculture) Notification No.
4(1)/65 General – II, dated the 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
Amendment Act XXXVIII of 1923
Notice is hereby given that the land specified in the appended schedule and situated in the
village of ………………………………………………………………………………… in the taluk
of ……………………………………………………………………… ..in the district of
…………………………………… is needed or is likely to be needed for a public purpose, to
wit, for ……………………………………………………………… . In accordance with the
notification under Section 4(10 of the Land Acquisition Act I of 1894, as amended by the
Land Acquisition (Amendment) Act XXXVIII of 1923, published by Government at page
……………………………… ……. on Part I of the Andhra Pradesh Gazette, dated
…………………… .All person interested in the land are accordingly required to lodge before
…………………………………………………… .
…………………………………………………………………… .……………………………………
…….…………… you……..………………………………………………………… . with in 15 days
from the date of publication of the above notification a statement in writing of their objection
……………………………………………………………………… .
…………………… service of this notice ………………………… .. ….…………… your
………………………………………… . If any, to the acquisition of the said land.
Any objection statement which is received after due date or which does not clearly
explain the nature of the sender interest in ……………………………………… ..
…………………………………………………………………………………… yours the land is
liable to be summarily rejected.
Objections received within the due date, if any, will be enquired into on
…………………………… . at ………………………………… when ………………… ...
The objectors will be at liberty to appear in person or by pleader and to
………………………………………………………………………………………………………… ..
you adduce any oral or documentary evidence in support of their objections.
157
SCHEDULE
Survey Number Description Extent required Reputed owner
__________________________________________________________________ __
____________________________________________________________________
158
RULES AND FORMS
FORM 4
Preliminary valuation statement
Form of Statement to be prepared by an officer of the Revenue Department (joint with

an officer of the department requiring the land if a joint inspection with such officer is made)
and to be submitted to and signed by the District Collector.
Particulars of Land required

------------------------------------------------------
inam or zamindari
Purpose for which
Description dry or
Whether ryotwari
Land is required
Number of field
Assessment or
requiring land
Department
Boundaries
Village
rental
Taluk
Area
(1) (2) (3) (4) (5) (6) (7) Wet (8) (9) (10)
………………………………………………………………………………………………… .
Estimated Value of
……………………
Fifteen per cent addition
allowable under Sec.23
other data on which the
estimate of the value of
Selling price of similar
land in the vicinity or
Total Compensation
Name of Owner of
the land is based
(2) Act I of 1894

Occupier
Remarks
Payable
House
Trees
Wells
Land
Total
(11) (12) (13) (14) (15) (16) (17) (18) (19) (20)
159
FORM 5 - A
Acquisition for purposes of the State
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
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) ----------

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
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) ----------

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.
Particulars of the Lands

……………………… ………………………………………………………………………… .
interested in the land
or registered holder
or other person
Name of owner
Inam ayan
Assessment
Remarks
Field No
zamin-
Village
Extent
Taluk
Wet
(1) (2) (3) (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 co-
proprietor, sub-proprietor or mortgage, tenant or otherwise the nature of such interest and
the rents and profits (if any) received or receivable on account of it for three years next
preceding the date of the statement.
Particulars of the Lands

…………………………………………………………………………………………………… .
interested in the land
or registered holder
or other person
Name of owner
Inam ayan
Assessment
Remarks
Field No
zamin-
Village
Extent
Taluk
Wet
(1) (2) (3) (4) (5) (6) (7) (8) (9)
Acs. Rs. P.
166
----------------------------------------------------------------------------------------------------------------------
Note:- If you fail to make a claim to compensation or omit without sufficient reason to make
such claim, the amount to be awarded by the court in the event of a reference being made to
it on your application, shall in no case, exceed the amount awarded by the Collector under
Section 11 of the Act.
G.O.Ms. 420, Rev., dt. 7-3-33. B.P. 22, dt. 21-3-33.

G.O.Ms. 1763, Rev., dt. 28-8-37. B.P. 36, Press, dt. 20-4-38.
G.O.Rt. 161, Rev., dt. 15-3-57.
G.O.Ms. 2464, Rev., dt. 26-8-53.. B.P. Press, 28. dt. 22-12-58.
167
FORM 8
………………………………………………… Award ……………………………………

No……………………………… .dated ……………………………… made by………….
………………………………………… .. under Section 11 of the Land Acquisition Act I of 1894.
Whereas an extent of land measuring acres ……………………………………… ..

And situated in the village of ………………………………………………………………
In the taluk …………………………………………… .... In the registration sub-district of
………………………………………… . In the district of …………………………… and 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) The true area of the land is acres

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

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

14 (ii) of Board’s Standing Order No. 90,
the amount of net assessment guaranteed to
the inamdar at the time of the inam settlement
on the extent acquired, which represent the
melvaram interest in Rupees.
Note:- The value of the compensation for the
Kudivaram interest is to be entered against
item (ii) (a) (1) above.
168
(b) Valuation on account of buildings, wells,
crops, trees, etc.,
(c) 15 [ercemt pm items (a) (1) and (2) and (b)
(d) Other damages, if any (to be specified) --------------------------------

Rupees
Total.
--------------------------------
169
Office of the Special Deputy Collector (L.A)
………………………… .. Project
…............................. District
File No: Date :

FORM- 9
Notice of Award U/s 12(2) of the Land Acquisition Act-I of 1894
Take Notice that the Award with the following particulars has been 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 Name of the Amount Total

District ( in interested person per acre in amount in
acres) to whom the Rs Rs
amount is
awarded with
apportionment
there of
1 2 3 4 5 6
The person mentioned in col. No: 4 is hereby informed that he/ she should appear in
person before the under signed in Gram Pachayat Office, ……………………… .. village of --
--------------------- Mandal on --------------------- at ------------------ A.M / P.M and receive the
amount specified above , failing which the said sum of money will be kept in Revenue
Deposits and will bear no interest. Further , it is informed that no interest shall be payable
for the period from the expiry of seven (7) days from the date of receipt of this notice.
The Awardee is required to appear before the Special Deputy Collector, L.A ,
………………………………………… project, ------------------- at Gram Panchayat Office
…………………………… village on the appointed date with four (4) 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 pai-
Mash 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 )
(1) (2) (3)
Name and Date Names of Name of Name and description of property acquired Classification Houses, building trees
designation of the sub- the Land Boundaries Extnt of lands as or hills, if any situated
of the Award district if any Survey No. North East South West Government or on the land & their
officer who and or sub- Inam or description, name of
made the village number or zamindari land the street and door
award letter or as wet, dry or number being given in
pamash garden the case of house
number property
1 2 3-a 3-b 3-c 3-d 3–f 3–g 3-h 3–i 3-j
(4) (5) (6)
Nature of the interest in immoveable property Name and description of person to whom the property belonged
Natuere of The The nature of Amount or Name Father’s name in he Name and
interest in purpose for compensation value of including case of males, and the description
immoveable which the awarded compensation rank and husband’s name in the of the
property transfer was awarded title case of females, when person to
Profession
Residence
transferred made a person is usually whom the
Remarks
described as the son of property has
Caste
his mother, then his been
mother’s name transferred
4–a 4 –b 4–c 4–d 5–a 5–b 5-c 5-d 5-e 5-f 6
Note:- A copy of this return should be sent to every Sub-Registar in whose sub -district any por tion of the pr operty referred
to in the awar d is situated
173
Name of the land if any
(1-a)
village
sub-district
Survey number or sub-number or letter or
Name of the
(1-b)
paimash number
h h
(1-c) (1-d) (1-e)

(1)
(1-f)
nt
Nort East Sout West Exte
Classification of land (Government Inam
(1-g) (1-h)
or Zamindari, wet, dry or garden)
Houses, buildings, trees or hills, if any
(1-i)
Name and description of property granted in exchange Boundaries
situated of the land and their description,
174
name of street and door number in the
FORM 15
case of house property

Nature of interest of immoveable property
(1-j)
granted.
Name and description of the person to
(2)
(2)
whom the property granted belonged

Return of Lands Granted in Exchange
Name (including rank and ade)

(3)
(3)
Father’s name in the case of males and

husbands name in the case of females
(4 – a)
where a person is
Usually described as the son of his

(4-b)
mother, then his mother’s name

(4)
Residence
(4-c)
Profession
(4-d) e
Remarks
5
------------------------------------------------------------------------------------------------------------------------------------------------------------------
Caste
Specification of the Land
------------------------------------------------------------------------------------------------------------
TalukName Number Extent Proportion Date of Date of

and of & name ate rent or sale payme
Villag
estate of field, if peshkush nt
Assessment
e or any
number
District
title
deed, if
inam
------------------------------------------------------------------------------------------------------------
Acs. Rs. P. Rs. P.
------------------------------------------------------------------------------------------------------------
G.O. Ms. 1763. Rev., dt. 28-8-1937 B.P. 36, Press, dt. 20-4-1938
G.O. Ms. 1005, Rev., dt. 3-5-1941 B.P. Ms. 3065, dt. 15-11-1941.
Form – 16
Schedule under section 19 (2) of the Land Acquisition Act, giving

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

particulars of notices served.
---------------------------------------------------------------------------------------------------------------------------
Description of notice Date Name of person When served How served
Notice under Section 9 (3)
And 10 of the Act
Notice under Section 12 (2)
of the Act
---------------------------------------------------------------------------------------------------------------------------
Date 19------------------ Land Acquisition Officer
175
FORM 19
Special register of papers relating to acquition of land for public purpose
------------------------------------------------------------------------------------------------------------------------------------------------------------------
Serial Date of Department Purpose of Date of Date of the Number Date of the Date Serial Date of Date of
No. requisition from which acquisition submission publication and date of publication of the No. and taking completion
the of of the the letter in the award date of possession of
requisition notification notification submitting official the proceedings
has been under in the the draft gazette of award & closing
received S 4(1) official declaration the statement of the file
gazette under declaration
Section 6. under
Sec.6
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)
------------------------------------------------------------------------------------------------------------------------------------------------------------------
Note:- Column (7) - The letter should given a R.Dis number.
Column (8) – The Government Order ordering the publication of the declaration should be given a separate current number,
which should be entered within brackets in this column.
176
FORM 20
(A) Statement of pending land acquisition cases
Name of the District …………………………………………………………………………… ...

Number of cases pending at the beginning of the half-year …………………… ..………………… ..
Number of cases received during the half-year………………………………………………………
Total………………………………………
Number of cases disposed of during the half-year……………………………………………………
Balance at the end of the half-year ---(here enter the year-wise details of the balance
also)………...
……………………………… ..
(b) Details in respect of cases pending over one year
……………………………………………………………………………………………………… ...
declaration under Section
notification under Section
are lengthy space under

Department applying for
application. If remarks
abnormal delay at any
stage from the date of
Remarks or causes of
Date of publication o f
Date of Publication of
Date of application
columns (5) —(
Subject in brief
Date of Award
Serial number
acquisition
4 (1)
(1) (2) (3) (4) (5) (6) (7) (8)
………………………………………………………………………………………………… ..
B.P. press, 10, dt. 25-5-44
177
FORM 21
Land Acquisition Check-Memorandum
Questions
Answer
1. Number and name of the village and
name of the taluk.
2. Whether the village is ryotwari, inam or

Zamindari.
3. Whether the village is surveyed or not
4. Date of application for the Acquisition of

the Land.
5. The purpose for which land is required.
6. Date of publication of the notification

under Section 4 of the land Acquisition
Act.

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

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

under Section 6 of the Survey and
boundaries Act. Is the village Officer’s
certificate of publication in the file?
10. Date of preparation of plotted sketch by

the Revenue Inspector, Surveyor or
Draughtsman.
178
11. Does the plotted sketch or demarcation
sketch in the case of acquisition for large
projects bear the Revenue Inspector’s or
Surveyor’s certificated or Certificated of
demarcation? What is the date of it?
12. Date of counter-signature by the Circle
Officer or District Surveyor or the Special
Land Acquisition Officer of the sketch in
token of technical scrutiny.
Note:- Even sketches of entire old fields or
Registered Sub-divisions require
technical scrutiny. They should also bear
the certificate of demarcation referred to
in Question 11 (eleven).
13. Date of publication of the declaration

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

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

(1) or 10 (1) of the Survey and Boundaries
Act available in the file?
16. Date of service of the notices under

Section 9 (2) or 10 (2) of the Survey and
Boundaries Act.—Are the
acknowledgments in respect of
them in the file.
17. Date of the award enquiry under Sec. 11

of the Land Acquisition Act.
179
18. Does the Land Acquisition file contain
extracts from the village and taluk A-
registers of the village?
19. Area withdrawn from acquisition, if any,

and date of publication of the
notification
under Section 48 (1) of the Land
Acquisition Act.
20. Date of passing the award and the

areas acquired.
21. Is the award drawn up in the form

standardized in B.P.No.33, dated 6th
June 1927 and is copy of the
proceedings discussing the grounds of
valuation in the file?
22. Date of dispatch of the Code Form A

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

(T & A 54) to the Audit office.
24. Have notices under Section 12 (2) of

the land Acquisition Act been issued
promptly wherever necessar y and are
their acknowledgement in the file?
25. (a) Have reference to Court been made

where necessar y and the amounts
covered by such reference deposited in
Court and acknowledgment by it?
26. Date of handing over possession of the

land to the department requiring it.
27. Date of submission of proposals to the

Collector for the grant of beriz
deduction or for the reduction of quit-
rent or peshkush and the date of
receipt of the
Collector’s orders thereon.
180
28. Date of dispatch of Form No. 13
printed in Appendix to B.S.O. No. 90 to
the Registration Department by or
through the Revenue Divisional Officer.
29. When the Land Acquisition Officer, is not

himself the Revenue Divisional Officer,
date of dispatch to the Revenue Divisional
Officer of the duplicate copies of the
revised filed maps, the sub-division
statements and the statement of changes
due to land acquisition and the
demarcation sketch.
30. Has the acquisition been entered in Taluk

Register No. 7? What is the number of the
register?
Note:- This does not apply to cases of
Acquisition in which no change in the
classification of the land acquired is
involved.
B.P. 160, Press, dt/28-11-35
31. If the acquisition involved new field or sub-

division, has the case been entered in
Taluk- 8A Register? If so, what is number
of the item in the register?
32. Date of (a0 the insertion of the new field

maps or the plotting of the new sub-
divisions in the village copy of the field
measurement book, (or the record of
measurement and revenue map in a
surveyed tow) and (b) entry in permanent
“A” Register.
33. Date of (a) plotting of the new fields or

sub-divisions in the town Surveyor’s copy
of the record of measurement and revenue
map and the Chairman’s copy of the
revenue map and
(b) Entry in Town Survey Register in a
(c) surveyed town.
181
34. Whether the survey records sent to the
circle Officer of District Survey or after
the incorporation of changes in the
village, accounts for final scrutiny and for
correction of the maintained set of village
maps where necessar y? What is the
number of the item in the Circle Officer’s
or district surveyor’s sub-division
register?
35. Date of (a) the insertion of the new field

maps of the plotting of the new sub-
divisions in the taluk copy of held
measurement book (or the record of
measurement and revenue may in a
surveyed town) and (b) entry in
permanent A Register.
36. Date of the publication of the notification

under Section 13 of the Survey and
Boundaries Act in the District Gazette
and in the village.
37. Date on which the land acquisition file

was closed and its disposal number.
38. Date on which copy of the check

Memorandum was submitted to the
Collector.
G.O. Ms. 2813, Rev., dt. 31-10-38. B.P. Press, 25, dt. 20-3-39.
G.O. Ms.1727, Rev., dt. 24-9-37. B.P. dt. 14-9-37.
G.O. Ms. 135, Rev., dt. 20-1-31. B.P. Mis, 238, dt. 24-1-31.
G.O. Ms. 524, Rev., dt. 17-3-34. B.P. 58, dt. 30-4-34.
G.O. Ms. 2057, Rev., dt. 1-7-55. B.P. 160 Press, dt. 28-11-35.
G.O. Ms. 2065, Rev., dt. 17-5-57. B.P. Press, dt. 7-3-47.
G.O. 1788, Press., dt. 27-4-57. B.P. Ms. 1507, dt. 29-11-58.
182
FORM 25
Cancellation Notification
(I)
Under sub-section (I) of Section 4 of the Land Acquisition Act 1894 (Central Act 1 of
18940, THE government of Andhra Pradesh hereby rescinds the ------------------------------------
Department Notification No--------------------------- Department of ----------------------------------
dated the --------------------------------------------------- published at page -----------------------------of
part ------------------------- Section ---------------------------- of the Andhra Pradesh Government
Gazette, dated the ---------------------------------------
( II )
Whereas the land/lands specified in the Schedule below has/have been notified after
the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967
(Central Ordinance, I of 1967), under sub-section (i) of Section 4 of the Land Acquisition Act,
1984 (Central Act I of 1894), in Department Notification --------------------------------- dated the --
-------------------------------------- published at ------------------------------------------------- of part- -------
---------------------------------- of Section -------------------------------------- of the Andhra Pradesh
Government Gazette, date the -------------------------------------------------.
And, whereas, three years having expired from the date of publication of the said
Notification under sub-section ( I) of Section 4 of the Land Acquisition Act. 1894 (Central Act
I of 18940, THE PROVISION TO section 3 (a) (ii) of the Land Acquisition (Amendment and
Validation ) Act, 1967 (Central Act 13 of 1967), prohibits the making of a Declaration under
Section 6 of Central Act I of 1894, in respect of the said land/lands.
Now, therefore, under sub-section (I) of Section 4 of the Land Acquisition Act 1894
(Central Act I of 1894), the Governor of Andhra Pradesh hereby cancels the said ----------------
------------------------------------------- Department Notification No. ------------------------- dated the ---
----------------------------------------------------.
THE SCHEDULE
---------------------------- 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

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

*******
185
ABSTRACT
Land Acquisition – Capitalization of the Value of garden lands under acquisition – Guidelines
for valuation of Orchards in the State – Orders – Issued.
------------------------------------------------------------------------------------------------------------
G.O. Ms. No.357 Dated: 22-03-2006

Read the following:
1. G.O. Ms. No. 601, Revenue (LA) Department, dt. 19-6-1992

******
ORDER:
Government have issued certain guidelines in G.O. 1st read above for computation
and payment of compensation for Orchards. In the course of time, and in the light of orders
of Supreme Court, dt. 18-1-1995 in C.A. No. 4974-76/85 with C.A. No. 2600/86, it is felt
necessar y to review these guide lines.
Government accordingly have issued orders in G.O. 2nd read above, read with G.O.
3rd read above, appointing an Expert Committee to go into valuation of all fruit bearing trees
and other trees in the State and for reviewing the existing procedure for estimating the value
of the lands with Horticulture Crops.
The Committee after examining the prevailing procedure and practices and the
methods of valuation followed in various States has submitted its report in respect of fruit
bearing trees and other trees.
The report has been examined and considered to refer the matter to the group of
Ministers and accordingly the matter was referred to the group of Ministers constituted in
G.O. Ms. No. 4724 G.A. (Cabinet) Department, dt. 16-8-2004 read with G.O. Ms. No. 6294,
G.A. (Cabinet) Department, dt. 05-11-2004. A meeting of Group of Ministers was held on 17-
186
10-2005, and after going through the report of the Expert Committee it was decided to
reconstitute the Expert Committee and to request to present their report in revised
comprehensive format. Accordingly, orders were issued in G.O. 4th read above. The said
committee has submitted its revised comprehensive report. The report was placed before
the Group of Ministers in its Meeting held on 9-1-2006 which accepted the same and in
addition, the Group of Ministers decided that apart from the 25 species mentioned in the
Expert Committee report, if any, additional items are indicated by the Collectors in future,
then these items shall also have to be examined by the Expert Committee and it may make it
recommendations to the Group of Ministers for approval of Government. The list of these 25
species are at Annexure – V.
Government after careful examination of the report of the Expert Committee and
recommendations of Group of Ministers have accepted the report. Accordingly, in
supersession of all earlier orders issued on the subject, the following orders and guidelines
are issued in regard to computation and payment of compensation for Orchards to be
observed by the concerned officers as follows:-
1. The future revision of the valuation of Horticulture crops shall be done once in 10
years
2. No compensation need be paid for short duration crops as the farmer can
harvest the standing crop and deliver the vacant position of the land.
3. The existing instructions contained in G.O. Ms. No. 601, Revenue (LA)
Department, dt. 19-6-1992 shall be continued for fuel wood trees and wood value
of fruit bearing trees.
4. In respect of valuation of other species, Horticulture crops, perennial vegetable
crops etc. which are not included in this report, the valuation shall be decided by
a committee to be constituted at the district level headed by the District Collector
as shown below and the LAOs concerned may address the respective District
Collectors in the matter.
i. District Collector .. Chairman
ii. Land Acquisition Officer .. Convenor
187
iii. Joint Director, Agriculture .. Member
iv. Assistant Director, Horticulture .. Member
v. Assistant Director, Sericulture .. Member
vi. District Forest Officer .. Member
vii. A representative from the Requisitioning
Department .. Member
viii. Scientist available at the Agriculture
Research Station in the District, if any .. Member
ix. Any other member felt necessar y by the
Chairman, can be co-opted .. Member
I. GUIDELINES FOR VALUATION OF ORCHARDS:
(1) The Land Acquisition Officers concerned shall determine the Market value of the
land with Orchards with due regard to the comparable bonafide sale transactions
of a similarly placed Orchards in that locality in recent year, if available, following
the guidelines prescribed in the e L.A. Manual of Government of A.P.
(2) If there have been no such sales, the capitalization method be adopted for
valuation of land with Orchards, following the guidelines contained in the L.A.
Manual of Government of A.P.
It shall be strictly borne in the mind that while adopting the capitalization
method, compensation for the land as well as fruit bearing trees cannot be
separately awarded. Further, when the market value is determined on the basis of
yield from trees or plantation, 8 years multiplier shall be adopted as per the
guidelines of Hon’ble Supreme Court of India.
(3) If the above two methods are not applicable for any reasons, the Land Acquisition
Officers may follow the guidelines indicated in the Annexures appended to this
order
188
II. PROCEDURE FOR VALUATION OF ORCHARDS:
Category ‘A’:-
(i). Trees belonging to certain variety of a horticulture crop species recommended for
that region.
(ii). Recommended Orchard management practices including timely inputs, cultural

operations, prescribed spacing etc., should have been observed.
(iii). Trees with healthy growth, good productivity and free from pests and diseases.
Category ‘B’:-
(i) Trees belonging to commercial or good local variety recommended for the
region.
(ii) Orchards with average management practices showing average growth and
productivity which among other reasons could be due to prescribed spacing not being
observed, etc.,
Category ‘C’:-
(i) Trees with non-descriptive varieties / seedlings.

(ii) Trees with poor management practices showing poor growth and productivity.
Pre-bearing or fruit bearing Orchard falling in “A” category depending on the age of
Orchard, etc., may be awarded valuation upto a maximum of the values as indicated in
Annexure – II or III respectively; Orchard in category ‘B’ awarded upto a maximum of 80%
and Orchard categorized under ‘C’ upto a maximum of 60%.
189
The Assistant Director or concerned Officers should personally inspect the garden,
count the number of trees and first categories the Orchard following guidelines enunciated
above. Before assessing the amounts payable under the category, he should verify whether
recommended management practices like training, pruning, manuring, irrigation,
deplossoming, plant protection, inter cultivation, etc., are followed or not.
Having thus verified the management practices and categorized the Orchard into one
of the above three categories, depending on whether the Orchard is at pre-bearing or fruit
bearing stage, valuation may be arrived at as follows:
III. VALUATION OF PRE-BEARING ORCHARDS:
(1) The category under which the Orchards falls i.e., whether it is category A or B
or C may be identified at the outset.
(2) The market value of he land alone may be arrived at, on the basis of bonafide
and comparable sales of similarly placed lands, following the guidelines as may be
prescribed from time to time.
(3) Apart from market value of lad so arrived at, an amount upto the maximum of
the total cost of cultivation (being the non-recurring and recurring cost), depending on the
age, category of Orchard and the management practices observed may be awarded as
compensation:-
(a) The Orchard which falls in category-A may be awarded compensation upto
maximum of the cost of cultivation depending on the age of plants as per Annexure – II.
(b) The Orchard falling in category-B may be awarded a maximum upto

80% of the amounts as indicated in Annexure-II depending on the age of the Orchard.
190
(c) The Orchard falling in category-C may be awarded a maximum upto
60% of the amounts indicated in Annexure – II depending on the age of the Orchard.
(4) As seen from the foregoing paras, pre-bearing Orchard is therefore entitled for
compensation as shown in Annexure-IV(i).
IV. PROCEDUR E FOR VALUATION OF FRUIT BEARING ORCHARDS WHERE

REMAINING BEARING PERIOD IS MORE THAN GESTATION PERIOD
(I) Depending on the growth and condition of the Orchard, the category under
which the Orchard falls i.e., whether it is category A or B or C, may be identified at the outset
on the basis of the guidelines indicated under para II above.
(ii) Just as envisaged for pre-bearing Orchard, the market value of the land may be
arrived at, on the basis of bonafide and comparable sales of similarly placed lands following
the guidelines that may be prescribed from time to time.
As seen from the foregoing paras the fruit bearing Orchard is therefore entitled for
compensation as follows:
Market value of the land + compensation upto the maximum of the total cost of
cultivation depending on category of Orchard and management practices observed + net
returns from the Orchard for a period equivalent to pre-bearing period depending on category
of Orchard + damages equivalent to net returns from the Orchard for a period of one year
depending on the category of Orchard.
The compensation for a fruit bearing Orchard may therefore be awarded as per rates
shown in Annexure-III as follows:-
191
Market value of land + cost of cultivation upto the maximum amounts indicated in col
6(i) or 6(iii) as the case may be + 7(i) or 7(ii) or 7(iii) as the case may be + 8(i) of 8(ii) or 8(iii)
as the case may be of Annexure – III. As shown in Annexure – IV (ii).
PROCEDURE FOR VALUATION OF FRUIT BEARING ORCHARDS WHERE REMAINING

BEARING PERIOD IS LESS THAN GESTATION PERIOD
Wherever the remaining fruit bearing period is less than the pre-bearing period, the
net returns, depending on the category of crop will be restricted to the remaining number of
years of bearing period i.e., the compensation payable for such Orchard will be the market
value of the land alone + net returns for the remaining fruit bearing period depending on the
category of Orchard as shown in Annexure – IV(iii).
GUIDELINES FOR VALUATION OF ORCHARDS WHERE MIXED CROP IS RAISED
A) Pre-bearing Stage:
(1) For pre-bearing Orchard where two or more perennial horticulture species are
raised in the same garden as intercrop, depending on the condition and the growth, the main
crop shall be categorized either under B or C.
(2) The inter crop shall be categorized as (C).
(3) Apart from market value of land, damages equivalent to a maximum of the total
cost of cultivation shall be payable for the main crop depending on whether the category is B
or C and depending on the age of the plants.
(4) Where the prescribed spacing is observed for both main and inter-crop, the
proportionate cost of cultivation restricting to the number of trees subject to optimum number
for the inter-crop duly classifying it under (C) may be paid as damages.
192
(5) In case where prescribed spacing is not observed, cost of cultivation will not be
payable for inter-crop.
(6) If the number of trees are less than the optimum number as prescribed in col. 3
of Annexure – II damages payable towards cost of cultivation, shall be fixed proportionately
subject to spacing being observed.
B) Bearing Stage:
(1) In a bearing Orchard when two or more perennial horticulture crops are raised
as inter-crop depending on the condition, the growth of the crop and management practices
observed, the main crop shall be categorized under B or C.
(2) Inter-crop shall be categorized as (C).
(3) Compensation upto a maximum of the total cost of cultivation shall be payable
for the main crop depending on the category (B or C) and depending on the category (B or
C) and depending on the management practices observed.
(4) Depending on the category (B) or (C) under which the main crop is classified
and on the management practices observed, compensation equivalent to the net returns for
the gestation period of that crop may be awarded. If he number of trees are less than the
optimum number proportionate compensation is payable.
(5) Where the prescribed spacing is observed for both main and inter-crop the
proportionate net returns (restricting the number of trees subject to optimum number) for the
gestation period may be awarded for the inter-crop duly classifying it under (C).
(6) Where prescribed spacing for either main crop or inter crop are not observed,
the net returns for gestation period for the inter-crop shall not be paid.
193
(7) Damages equivalent to net returns for one year shall be payable for the main
crop depending on its category (B or C), management practices observed and the
proportionate number of trees subject to optimum number.
(8) If the number of trees is less than the optimum number as prescribed in
Annexure – II, compensation payable towards cost of cultivation, net returns as indicted
above shall be fixed proportionately.
(9) Note: If the number of trees in a Orchard is more than the optimum number
prescribed for either the main crop or the intercrop the total amount payable either towards
cost of cultivation or for net returns, etc., shall be restricted to the optimum number indicated
in Annexure – II depending on the category of the crop.
VALUATION OF SCATTERED OR ISOLATED TREES
(1) Isolated and scattered trees will not normally be given the recommended
package of practices as prescribed, and they will therefore be treated as under category C
and proportionate amounts towards damages be paid on tree basis.
(2) The entire amount so payable by following the guidelines given under II A or IIB
or IIC as the case may be shall be treated as damages. Therefore the 12% additional
market value and solatium shall not be awarded on such damages.
(3) Unlike Orchards no additional amount towards damages may be paid.
Model Example as show in Annexure – IV (iv).
NARROW STRIPS OF ORCHARDS:
(I) Pre-Bearing: If a part of an Orhard is acquired the proportionate amount

towards damages depending on the number of trees, the age, category and the management
194
practices observed, as indicated under item II-A shall be paid towards the pre-bearing
Orchard.
(ii) For a strip of Orchard at bearing stage depending on number of trees; category
and the management practices observed, the compensation shall be proportionately fixed as
indicated in the item II-B or II-C as the case may be.
Wood value: In case of crops like Pomegranate, Guava, Grapes, etc., the wood does not
have significant economic value and therefore separate compensation for wood does not
arise. Even in case of crops like Mango, Coconut, etc, the crop is not grown for wood, which
is only incidental or secondary product. However, since the wood from Mango, Coconut,
Jack, Jamun, have some value, the ryots may be allowed to cut and take the wood if the
Orchards are going to be removed / submerged. In the alternative if trees are to be
conserved, wood value at site as determined by the D.F.O., concerned as per prevailing
rates may be granted towards damages. Such amount shall carry solatium or additional
market value.
Fuel Wood value: The fuel wood for the fuel wood trees may be determined y the 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.
195
3. The details of cost of cultivation, details of trees per acre and stage of the crop (pre-
bearing or bearing) and compensation for each Horticulture species and details for the total
compensation to be paid for each Horticulture species as per the guidelines above are given
in Annexure-I, II and III respectively. Annexure – IV gives model examples of calculation by
third method.
Dr. V.P. JAUHARI

SPECIAL CHIEF SECRETARY TO GOVERNMENT
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
196

Landacquisition - Act - 1894

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Landacquisition - Act - 1894

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LAND ACQUI SITION ACT, 18 94

AMR-A.P. ACADEMY OF RURAL DEVELOPMENT

Ph. No. (040) – 24016472, 24015959, 24015337 Ext. 189

Sl. No. Item Page No.

5. Instruction on Land Assigned 75 - 82

7. Decretal Charges 85 -152

8. Forms 153 – 185

1.1 Concept and Objective : With the enormous expansion of State’s

1.2 Constitutional Provisions: Article 31-A of the Constitution of India

1.5 Date of introduction of Bill in the House of the People is 30-04-

1.6 Transitional Provisions :-

i) Provisions of sub-section (1-A) of Section 23 (Addl. Market

ii) Provisions of sub-section (2) of Section 23 (Solatium) and

iii) Provisions of Section 34 (Interest to be awarded by Collector)

2.2 “Person interested” includes all persons claiming an interest in

2.4 “Court” means a Principal Civil Court of original jurisdiction. (Section

2.5 “Corporation” owned or controlled by the State means any body

2.6 Company means a Company as defined in Section3 of the Companies

3.1 State Government may, by Notification in the official Gazette, direct

II. PRELIMINARY PROCEEDINGS

4.1 While selecting land for acquisition, Requisitioning Department to see

4.2 Requisitioning Department to send application in Form-1 to the L.A.O

4.3 In scheduled areas, before taking up acquisition, Gram Sabha or

III. DRAFT NOTIFICATION STAGE

5. DRAFT NOTIFICATION U/S 4(1)

5.3 Date of Publication of the Notification crucial for determination of the

5.5 Public Notice of the substance of Notification also to be given in the

5.5(a) State Amendment of Section 4 regarding service of public notice within

5.8 Cases of inclusion of Government lands and Government assigned

Government cannot acquire it’s own land – 1995 - Supplementary (3)

(iii)Questioning 4(1) Notification before Civil Court barred – Refer 1995-

5.10 After 4(1) Notification is issued, L.A. proceedings can be cancelled by

6.2 Every objection shall be made to the Collector in writing. (Section 5-

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

7. SURVEY AND SUB-DIVISION WORK

7.1 Demarcation and Sub-Division work based on enjoyment on ground to

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

8. DRAFT DECLARATION U/S 6

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

8.4 Collector to cause public notice of the substance of such declaration to

8.8 No such declaration to be made unless the compensation to be

8.10 Draft Declaration proposal to be accompani ed by record of enquiry U/S

8.11 Structures, trees etc., affected also to be included in the Notification

8.12 Any changes in proposed acquisition to be incorporated by way of

9. SPECIAL POWERS IN CASE OF URGENCY

9.1 In case of urgency Collector may, on the direction of the government or

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

9.5 In case urgency, provisions are invoked, provisions of Section 5-A

9.7 It should be decided whether on the date of Notification there is

9.9 State Amendment of Section 17(5) regarding taking possession within

- Refer Article 254 of the Constitution of India and 1991(1) APLJ

V. PRELIMINARY VALUATION STAGE

10.1 Details of registered sale transactions for a period of three years,

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

10.3 Statement to be prepared and submitted in Form-4 and got approved

VI. AWARD STAGE

11. AWARD ENQUIRY NOTICES

11.1 Collector to cause public notice to be given at convenient places on or

11.4 Section 9 thus mainly intended to give notice of intention to acquire

12. ENQUIRY AND AWARD BY COLLECTOR

(i) True area of the land

12.2 No award to be made by the Collector without the previous approval of