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.

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 dated 5.06.2014 modified the order passed in LA.O.P. No.2 of 2001. However, insofar as the lands that are assigned in favour of the petitioners are concerned, the respondents, instead of following the provisions of the Act, 1894, issued proceedings bearing Lr.No.A1/1101/02, dated 30.06.2005 granting ex-gratia and the said amount was paid to the petitioners.

4. The petitioners herein, having come to know about the orders passed in LA.O.P. No.2 of 2001 and the judgment passed by this Court in A.S. No.1671 of 2003, dated, 05.06.2014 approached respondent No. 1 by submitting a representation, dated 27.08.2018 claiming that they are also entitled for payment of compensation on par with the patta lands and in terms of the orders passed in LA.O.P. No.2 of 2001 and A.S. No.1671 of 2003.

5. Complaining the inaction on the part of the respondents in considering the said representation, dated 27.08.2018, the petitioners approached this Court by filing the present writ petition seeking the relief of extending the benefit of the orders passed in LA.O.P. No.2 of 2001 and in A.S. No.1671 of 2003.

6. Respondent No. 4 filed counter-affidavit on behalf of the respondents. There is no much dispute about the factual aspects in respect of the assigned lands that were acquired to an extent of Acs.31-15 gts., and ex-gratia was paid at the rate of Rs. 10,000/- per acre along with 30% solatium in accordance with G.O. Ms.No.1307, Revenue Assignment Department, dated 23.12.1993 and the said amount was stated to be on par with the patta lands acquired for the above project.

7. The grievance of the petitioners is that they are also entitled for payment of compensation on par with the patta lands.

8. A Full Bench of this Court in State of Andhra Pradesh rep. by Collector, Vizianagaram and another Appellants. Vs. P. Peda Chinnayya and others , 1997 (1) ALT 498 (F.B.) has considered the same issue on a reference made and the same was answered by holding that the assignees of Government lands are also entitled for payment of compensation on par with the patta lands and other benefits if the lands are acquired without resuming the same in terms of the assignment conditions. The relevant paragraph reads as under:

"The gist of our conclusion is that 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