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GANNAMANENI RAMAKRISHNA PRASAD
E. Lalithamma S/o Venkateswarlu – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
1. Heard Sri A. Srinath, learned Counsel for the Writ Petitioner and the learned Assistant Government Pleader for Land Acquisition.
2. Prayer made in the Writ Petition is as under:
Differential compensation treatment between pattadars and assignees in land acquisition is unconstitutional and illegal, mandating equal compensation rights.
Point of law: Restriction should be imposed only to protect ownership rights of assignee.
Assignees of Government lands are entitled to compensation equal to that of patta lands when acquired, as statutory rights under the Land Acquisition Act override any ex-gratia payments.
The main legal point established in the judgment is that the 'no compensation' clause restricting the right of the assignees to claim full compensation is unconstitutional and infringes the fundament....
Assignment patta holders are entitled to receive ex-gratia payments at the same rates as private patta holders, regardless of delays in claims.
Assignees of government lands are entitled to compensation equivalent to the full market value of the land, irrespective of the method of acquisition, as established in LAO-cum-RDO, Chevella Division....
Fraud in obtaining consent and discrimination in compensation led the court to uphold the order for fair compensation to the petitioners.
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