Land Acquisition Act 1894 - Andhra Pradesh Academy of Rural ...

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GOVERNMENT OF ANDHRA PRADESHIRRIGAION & CAD DEPARTMENTMemo No. 4684/R&R-1/2005-1 Dt: 18/1/2005Sub: Land Acquisition Delay in release of decretal Charges Instructions issuedReg.* * * * *All engineers in the department may be aware that land owners, if not satisfied withthe compensation awarded by LAO, approach civil courts for enhancement of compensation.If enhancement of compensation by court is considered to be high by the government,appeal is filed by LAO in High Court or Supreme Court. Based on final out come of this legalprocess, LAO sends proposal to Spl. Collector / district Collector/ CCLA / Government forrelease of balance amount payable to land owners.Recently, certain powers of Government were also delegated vid G.O. Ms. No. 9,Finance (W&P) (F.3) Department dated 9/72004 to Chief Engineers, District Collectors andSpl Collectors to expedite release of decretal charges to land owners.However in certain cases still proposal need to come to Government for approval andrelease of funds.But it has been observed in large number of cases that even after G.O. is issued,funds are not released to LAO for depositing in the court leading to unfortunate situation ofeither people approaching High Court and filling contempt cases against senior officers orapproaching civil court and leading to attachment of Government properties.Government have come across few cases where G.Os wer issued in the year 2003and still funds not released to LAOs. Its nothing but mockery of Government system. Suchdelays also put sever financial burden on State Exchequer in terms of interest at 15% perannum. In most of the cases interest becomes more than the principal amount.It has been informed that there are very large number of cases pending at field leveleven for examination of cases even for implementing Court orders.Recently high Court has taken a very serious view of this pendency and taken thisissue as separate WP and asked Government to submit its response/stand.A feeling is going around that I & CAD will not release funds till senior officers aremade to face contempt cases in High Court. Its unfortunate situation but looks to be somewhat true in view of facts that even GOs issued in 2003 are still pending for release of fundsand some cases where financial order of courts have com many years back are still pendingfor examination / implementation.144
The universal response for not releasing funds is that provision is not available in theBudget. All may note that no such defense can be taken as far decretal charges areconcerned.If sufficient provision is not available in the budget under that particular head, initiallymount can be drawn from contingency Fund and later make good from other head ofaccount. Other alternative is to re-appropriate from other head of account and releaseamount.Now the basic purpose of this memo. In view of the facts mentioned above, allENCs/Chief Engineers are directed to honour and release amount as per government OrderIMMEDIATELY repeat IMMEDIATELY. In case they have some fundamental issue inhonouring the GO they should do so IMMEDIATELY repeat IMMEDIATELY.In case they fail to take immediate action as mentioned in previous Para undesirableevent of disciplinary action may follow. No needs to repeat but such undesirable events areto be avoided.All are requested to go through this memo as number of times as they like to realizethe importance and urgency of the subject.The undersigned will appear before the courts to answer contempt case where hepersonally failed to act and I will answer it. But certainly he shall not too willing to facecontempt cases because of failure of some other officer.act.Please realize the importance of the subject and act, as one should do being there toKindly acknowledge the receipt of the memo. The undersigned will be happy ifacknowledgment is through email to his email address secy.prok irr@ap.gov.in.ToAll Engineer-in Chief /Chief EngineersCopy to:All district Collectors for informationAll Special Collectors for informationPrl.Secretary, ICADD for informationPrl.Secretary, Irrigation for informationJoint Secretary, Irrigation for informationAll LA sections in Secretariat for information.SURESH CHANDASECRETARY TO GOVERNMENT/ / FORWARDED BY ORDER / /SECTION OFFICER.145
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I N D E XSl. No. Item Page No.Backg
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Collectors and Courts passed after
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5.4 Government or the District Coll
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8.7 After the declaration, Collecto
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11.3 Collector also to serve Notice
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12.18 Land once acquired for a publ
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13. Matters to be neglected in dete
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19.2 Application to be made within
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(vi)Section 28-A applies to only Ci
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28.5 Officer not below the rank of
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* There should be gap of atleast on
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CERTAIN IMPORTANT MANDATORY PROVISI
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GOVERNMENT OF ANDHRA PRADESHLand Ac
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determined not on the basis of subs
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GOVERNMENT OF ANDHRA PRADESHREVENUE
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BILAL NAZKI. JW.P. NO. 9780 OF 1999
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(iv)(v)(vi)(vii)In regard to cases
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6. Accordingly keeping in view of t
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The Director, information & Public
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3. The expression when such person
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The claimant signed the notice and
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1. The District Collector of the Co
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· The negotiation Committee shall
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FORM - I(Sec Rule 5)Notice calling
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that the executed by theOwner of t
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ANDHRA PRADESH RAJAPATRAMRULES SUPP
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5. In rule 6:-(a) for sub-rule (ii)
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ANDHRA PRADESH RAJAPATRAMRULES SUPP
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AMENDMENT TO ANDHRA PRADESH LAND AC
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3. Compensation and composition of
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9. If the negotiations fail at the
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GOVERNMENT OF ANDHRA PRADESHAbstrac
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STANDING ORDERS OF BOARD OF REVENU(
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4. The orders issued in G.O. Ms. No
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market value to the assignees whose
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23-12-1993. Even learned counsel fo
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allottees of surplus ceiling lands
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· 12% Additional market value (Sec
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In the case of land acquisition app
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3. Accordingly, all the Secretaries
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and also attachment of the Governme
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10. This order issues with the conc
Page 94 and 95: 4. The Joint Collectors/Spl. Collec
Page 96 and 97: 2.1 Categories of proposals to be c
Page 98 and 99: Gazetted Officer under their contro
Page 100 and 101: any infirmities seriously affecting
Page 102 and 103: the Land Acquisition Act, 1894.L.A.
Page 104 and 105: 6. Market value fixed by L.A.O vis-
Page 106 and 107: ANNEXURE - IICalculation Sheet - OP
Page 108 and 109: PART - II(To be filled up in cases
Page 110 and 111: Enclosure to Annexure IICalculation
Page 112 and 113: Appeal StageA.S. No. &Date ofJudgme
Page 114 and 115: 6. Market value fixed by L.A.O vis-
Page 116 and 117: ANNEDURE - IVCalculation Sheet OP
Page 118 and 119: PART - II(To be filled up in cases
Page 120 and 121: Amount awarded by Lower CourtSL.No.
Page 122 and 123: A N N E X U R E - VIRegister showin
Page 124 and 125: A N N E X U R E - VIIIRc. No. /o4 D
Page 126 and 127: A N N E X U R E - XCertain salient
Page 128 and 129: Sum of 30% as defined in Section 23
Page 130 and 131: ) In other cases within two months
Page 132 and 133: Otherwise to take action for Sancti
Page 134 and 135: ‣ Whether stay of execution of co
Page 136 and 137: GOVERNMENT OF ANDHRA PRADESHABSTRAC
Page 138 and 139: GOVERNMENT OF ANDHRA PRADESHIRRIGAT
Page 140 and 141: the orders at sub para (v) of para
Page 142 and 143: GOVERNMENT OF ANDHRA PRADESHFINANCE
Page 146 and 147: GOVERNMENT OF ANDHRA PRADESHIRRIGAT
Page 148 and 149: Decretal Charges CalculationOn Date
Page 150 and 151: Sl.No.ClaimantDifferential ValuesMV
Page 152 and 153: Decretal Charges CalculationEnter P
Page 154 and 155: # 746 THE A.P. LAND ACQUISITION MAN
Page 156 and 157: FORM 2-BAcquisition of land for the
Page 158 and 159: SCHEDULESurvey Number Description E
Page 160 and 161: FORM 5 - AAcquisition for purposes
Page 162 and 163: FORM 5 - CDeclaration under Section
Page 164 and 165: FORM 6Notice under Sections 9 (1) a
Page 166 and 167: FORM - 7Notice under Sections 9 (3)
Page 168 and 169: FORM 8 Award No .dated made by. ..
Page 170 and 171: Office of the Special Deputy Collec
Page 172 and 173: FORM 12Statement of land required t
Page 174 and 175: FORM 15Return of Lands Granted in E
Page 176 and 177: FORM 19Special register of papers r
Page 178 and 179: FORM 21Land Acquisition Check-Memor
Page 180 and 181: 18. Does the Land Acquisition file
Page 182 and 183: 34. Whether the survey records sent
Page 184 and 185: Validation ) Ordinance, 1967 (Centr
Page 186 and 187: GOVERNMENT OF ANDHRA PRADESHABSTRAC
Page 188 and 189: iii. Joint Director, Agriculture ..
Page 190 and 191: The Assistant Director or concerned
Page 192 and 193: Market value of land + cost of cult
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(7) Damages equivalent to net retur
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3. The details of cost of cultivati
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Land Acquisition Act 1894 - Andhra Pradesh Academy of Rural ...

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