B.SUDERSHAN REDDY, DALAVA SUBRAHMANYAM, DEVENDER GUPTA, G.ROHINI, GHULAM MOHAMMED, K.C.BHANU, MOTILAL B.NAIK
Land Acquisition Officer-cum-R. D. O. , chevella Division, Hyderabad – Appellant
Versus
Mekala Pandu – Respondent
( 1 ) THE common question of law that arises for consideration in these matters is:"whether the claimants are entitled to payment of compensation under the provisions of the Land Acquisition Act, 1894 (for short the Act ) when the assigned lands are resumed by the government for a public purpose?"
( 2 ) A Full Bench of this Court in State of a. P. V. P. Peda Chinnayya held:"where the Government resorts to the provisions of the Act for acquisition of the patta lands without resorting to the terms of the grant for resumption, it is liable to pay compensation under the act, but such compensation will be only the market value of the interest of the owner or the assignee of the land, subject to the clog. In such cases of acquisition, the claimant would also be entitled to consequential reliefs, such as those of solatium and interest etc. , under the Act. In a case where the patta lands are resumed by the government, the assignees cannot claim compensation under the Act, but can claim compensation equal to the market value of their interest in the land, subject to the clog. In such cases, no solatium may be payable but interest may be claimed on the amount of compe
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