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AT ten TE I TT
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Lands - Resumption of assigned lands whenever required for a_public
purpose as per conditions of patta and payment of compensation for the
Fesumed assigned lands on par with patta lands as per the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 or any other Land Acquisition Act in force in the
State -Orders - Issued.
REVENUE (ASSN.I) DEPARTMENT
G.0.Ms.No.259. Dated: 21-06-2016,
Read the following:~
1. G,O.Ms.No.1307, Revenue (Assn.I) Dept, dt: 23.12.1993,
2. From the CLA, AP, Ref.No.LA.1-2/1420/2013, dt: 06.05.2015.
ORDER:
In the G.O. 1 read above, orders were issued for payment of
lumpsum ex-gratia equivalent to the 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., subject to
certain 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 Land
Acquisition Act, 1894.
2. The Chief Commissioner of Land Administration in his letter 2°° read
above, has requested to issue a separate order in place of G.O. 1% read
above, for payment of ex-gratia ensuring for compensation to the assignees
whose lands are to be resumed by the Govt. for projects and other public
Purposes at an early date in view of certain provisions of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehebilitation and
Resettlement Act, 2013.
3. Government have examined the matter in detail and felt that before
coming into force of the new Land Acquisition Act, 2013, ex-gratia was paid
while resuming the Government lands as per Govt. orders issued from time
to time as there was no specific provision about assignees in the Land
Acquisition Act, 1984, The Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013 which came into
force from 01.01.2014 contains the following provisions with reference to
assignees and assigned lands viz.,
(a) Definition of “affected family” under section 3(c) under sub clause (v)
includes "a member of the family who has been assigned land by the
State Government or the Central Government under any of its
schemes and such land is under acquisition”,
(b) Definition of “land owner" in 3 (r) includes under sub clause (iii) “any
person who is entitled to be granted Patta rights on the land under
any law of the State including assigned lands”,
‘Therefore, Government have felt that in view of these provisions of new Land
Acquisition Act, 2013, the existing Government orders on ex-gratia need to
be revised.
P.T.0.4. Accordingly, Government after careful examination of the issue and in
supersession of the orders issued in the G.0.Ms.No.1307, Revenue (Assn.1)
Department, dt: 23.12.1993, issue the following orders
(i) Whenever the assigned lands are required for a public
Purpose for a project or for alienation to a Govt
Department or Corporation, the lands shall be resumed as
Per conditions of Pata
li) The compensation for the resumed assigned lands shall
bbe paid on par with Pata lands as per the provisions of
the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 or
any other L.A. Act in force in the State,
5S. The Special Chief Secretary & Chief Commissioner of Land
Administration, the Commissioner (R&R), AP and all the District Collectors
shall take further necessary action accordingly in the matter.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
J.C.SHARMA,
SPECIAL CHIEF SECRETARY TO GOVERNMENT,
To
‘The Special Chief Secretary &
Chief Commissioner of Land Administration, A.P.,, Hyderabad.
‘The Commissioner (R&R), AP., Hyderabad.
All the District Collectors.
Copy to:
Water Resource Department
Finance Department
Law Department
PS to Principal Secretary to Hon'ble C.M
OSD to Hon'ble Deputy C.M.(Revenue)
PS to CS
PS to Spl.C.S.(Revenue)
All Assignment Sections and L.A, Section in Revenue Department
St/Sc.
// Forwarded :: By order //
SECTION OFFICER,