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MUMMINENI SUDHEER KUMAR
Yedurugatla Ellaiah – Appellant
Versus
State of Telangana – Respondent
ORDER :
(Mummineni Sudheer Kumar, J.)
1. Heard Sri G. Chandan Raaj, learned counsel for the petitioners and learned Government Pleader for Land Acquisition for respondents.
2. All the petitioners herein are the assignees of different extents of Government lands situated at Engal Village of Chandurthi Mandal, Rajanna Siricilla District. Beside the land that was assigned in favour of the petitioners, several other patta lands i.e., to an extent of Acs.23-33 gts., of patta land and Acs.31-15gts., of assigned land was sought to be acquired for formation of new tank across Nakkavagu situated at Engal Village. In respect of the patta lands, the respondents have initiated proceedings under the LAND ACQUISITION ACT , 1894 (for short the Act,1894) and the award dated 13.09.1998 was passed. On the request made by the pattadars, covered by the said award, a reference was made under Section 18 of the Act, 1894 which was answered by the Court of Senior Civil Judge at Siricilla in L.A.O.P. No.2 of 2001, by an order dated 15.03.2002.
3. Aggrieved by the said order passed by the trial Court, an appeal was filed in A.S. No.1671 of 2003, before this Court and a Division Bench of this Court by an order
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.
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....
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....
Differential compensation treatment between pattadars and assignees in land acquisition is unconstitutional and illegal, mandating equal compensation rights.
Assignment patta holders are entitled to receive ex-gratia payments at the same rates as private patta holders, regardless of delays in claims.
An assignee under the Kerala Government Land Assignment Act has full ownership rights and is entitled to compensation for both land and structures upon meeting conditions, regardless of contrary guid....
Landowners are entitled to fair compensation regardless of reclassification, provided their ownership is established, emphasizing public benefit in land acquisition.
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