B.NAIK, K.C.BHANU, DALAVA SUBRAHMANYAM, G.ROHINI, B.SUBHASHAN REDDY, MOTILAL, DEVINDER GUPTA, GHULAM MOHAMMED
Land Acquisition Officer-cum-R. D. O. – Appellant
Versus
Mekala Pandu – Respondent
B. Sudershan Reddy, J.
1. Thecommon 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 , 1997 (1) ALT 498 (F.B.) 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 pat ta 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
1. State of A.P. v. P. Peda Chinnayya, 1997 (1) ALT 498 (F.B.).(Paras 2
2. State of A.P. v. Bondapalli Sanyasr , 2000(1) ALT 543 (L.B.).(Paras 4,6,29
3. Pathumma v. State of Kerala
5. Jodha Mai v. Commissioner of Income Tax
7. Manchegowda v. State of Karnataka
8. Lingappa Pochanna Appelwar v. State of Maharashtra
11. Union of India v. A. Ajit Singh
13. Special Land Acquisition Officer, Hosanagar v. K.S.R. Rao
17. Olga Tellis v. Bombay Municipal Corporation
14. Ahmedabad St. Xaviers College Society v. State of Gujarat
18. Delhi Transport Corporation v. D.T.C. Mazdoor Congress
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