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

CIRCULAR INSTRUCTION UNDER SEC. 11-A OF L.A. ACTGOVERNMENT OF ANDHRA PRADESHMs. No. 63070/LA2/98 Dated: 30-03-999Sub: Land Acquisition Acquisition of Lands for public purpose Invoking of urgency clause under Section 17 (1) of the LandAcquisition Act Passing of award under Section 11-A of the L.A. Act.Ref:1. Letter No.Mis/LA/PRR Dt. 5-8-1998 of the Govt. Pleader for L.A., HighCourt of Andhra Pradesh2. Commissioner of Land Revenues Ref. NoG1/1287/987 Dt.28-8-98.* * * * * * *The Government Pleader for Land Acquisition, High Court, Andhra Pradesh,Hyderabad has brought to the notice of the Government that in several instances theLand Acquisition Officers have issued successive notifications under Sections 4 and6 of the L.A. Act. 1894 on the ground that award has not been passed within theperiod of two years as stipulated under section 11-A of the Land Acquisition Act.1894 and the notifications were issued earlier invoking urgency clause under Subsection(4) of Section 17 of the Land Acquisition Act, 1894 and possession wastaken over and the lands vested in the Government. In the similar circumstancesthe High Court of Andhra Pradesh relying on the Judgement of the Supreme Court inAIR 1993 SC 2517 while disposing of the W.P. Nos. 7984 and 7997 of 1996 directedthe respondents to pass award basing on the notification issued in 1989, withoutissuance of fresh notification. Thereafter the Government Pleader advised theCollector concerned to pass award basing on the notification issued in 1989. Thelearned Advocate General has also advised the Government to issue instructions toLand Acquisition Officers to pass award basing on the earlier notification, withoutissuance of any fresh notification.2. The Government Pleader has referred to a particular case in W.P.No17156/96 before a single Judge, in which three successive notifications were issuedunder an erroneous impression that the first notification dated 27-3-1980 has lapsedin view of non-passing of award within the stipulated time under Sec. 11-A of theLand Acquisition Act 1894 ignoring the fact that urgency clause was invoked therender and possession was taken over and land vested absolutely in Governmentfree from all encumbrances. The learned single Judge allowed the said W.P.directing the Respondents to pay compensation basing on the latest notification dt.3.6.1995. On appeal the Division Bench of the High Court in W.A. Nos. 1126/97 and1226/97 allowed the writ appeals, holding that the first notification dated 27-3-1980is valid and that the said notification alone is crucial for determination of marketvalue and subsequent notifications issued are non-est in law. In Writ Appeal Nos.1126 and 1226 of 1997 (1998 (4) ALT 554) the High Court of Andhra Pradesh in itsorder dated 17-7-1998 relying on the Judgement of Division Bench in Writ PetitionNos. 4712 and 4725 of 1997 dated 14.3.1997 held that the compensation has to be27