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, Domalaguda, Hyderabad and Others vs. Mekala Pandu and Others.

JUDGMENT :

SATISH CHANDRA SHARMA, J.

1. The present writ appeal is arising out of an order dated 27.09.2005 passed by the learned Single Judge in W.P. No. 21823 of 2001.

2. The undisputed facts of the case reveal that the appellants/writ petitioners, who were owners of the land of an extent of Acs. 9.20 guntas in Survey No. 110 situated at Gajulapuram Village, came up before this Court in the matter of grant of compensation. It was stated by the appellants/writ petitioners that one P. Narsaiah, the father of the appellant No. 3/writ petitioner No. 3, was the assignee of the land and the appellants No. 1 and 2/writ petitioners No. 1 and 2 purchased Acs. 5.00 of land each from the assignee under registered sale deeds dated 24.06.1970 and 30.12.1974. The land was acquired by the respondents for the purpose of laying Broad Gauge Railway Line and the respondents took possession of the land on 10.10.1980. An award was passed on 20.03.1982. However, in respect of the assigned land and in respect of the land of patta holders, two different rates were arrived at by the Land Acquisition Officer. A writ petition i.e. W.P. No. 9267 of 1993, claiming compensation at par was preferred. The said writ petition was finally disposed of on 02.09.1997 and the relevant portion of the said order is reproduced as under:

“In the instant cases, no condition of resumption or acquisition without paying compensation is forthcoming. As such, the principle laid down in the above decision applies to the cases on hand. Hence, we hold the petitioners in all the writ petitions are entitled for compensation.

We direct the petitioners to give representations to the authorities concerned without two months from the date of receipt of this order seeking compensation and on receipt of such representations, the authorities shall pass orders awarding compensation within three months thereafter.

The writ petitions are accordingly allowed. No costs.”

3. Thereafter, an SLP was preferred in the matter and the relevant portion of the judgment passed by the Hon’ble Supreme Court in the SLP No. 1206 of 1999, dated 10.12.1999, is reproduced as under:

“Learned counsel for the petitioner states that the State shall pay compensation to the respondents, for resuming the land which was assigned to them, according to G.O. No. 1307 dated 23.12.1993. Learned counsel for the respondents agrees to accept compensation under the said G.O. and does not now claim compensation under any other provision of law. In view of this agreement between the parties this Special Leave Petition does not survive and the same is disposed of accordingly.”

4. Before the Hon’ble Supreme Court, G.O.Ms. No. 1307, dated 23.12.1993, was brought to the notice by the State Government and the said Government Order reflects that compensation was paid at market value. The appellant No. 1/writ petitioner No. 1 has received Rs. 5,623/- for Acs. 3.44 guntas. The appellant No. 2/writ petitioner No. 2 has received Rs. 5,185/- for Acs. 3.22 guntas and the appellant No. 3/writ petitioner No. 3 has received Rs. 3,067/- for Acs. 2.04 guntas. The appellants/writ petitioners again came up before this Court stating that they have not been paid the market value and the issue before the learned Single Judge was in respect of the market value. The learned Single Judge has disposed of the writ petition i.e. W.P. No. 21823 of 2001 and the relevant portion of the order passed by the learned Single Judge is reproduced as under:

“11. A reading of above referred G.O. gives no room for any doubt that the petitioners are entitled to only market value as ex-gratia. They are not entitled to market value as fixed by the Civil Courts on reference under Section 18 of the Land Acquisition Act. The Revenue Divisional Officer - 4th respondent in the Award proceedings No. A336/81, dated 20-3-1982 acquisitioned the land into two categories and they are:

(I) Dry Dubba Chalka

(II) Dry lands mixed with black soil

Survey Nos. 87, 88, 89, 101, 102, 103, 104 and 111