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

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GOVERNMENT OF ANDHRA PRADESHAbstract<strong>Land</strong> <strong>Acquisition</strong> Court Cases Out <strong>of</strong> court settlement through District levelnegotiations Committee Instructions Issued------------------------------------------------------------------------------------------------------------Irrigation & CAD (LA.IV-R &R) DepartmentG.O. Ms. No. 46 Dated: 15-03-2005O R D E R:It has been observed by Government that in large number <strong>of</strong> land acquisitioncases land owners approach Civil Courts under section 18 for enhancement <strong>of</strong>compensation for the land. The disposal <strong>of</strong> cases takes lot <strong>of</strong> time and it is manyyears by the time the case is finally disposed <strong>of</strong> in Civil Court, High Court andSupreme Court, in most <strong>of</strong> the cases, after the case is finally disposed <strong>of</strong> in thecourts. The Government has to pay not only the enhanced compensation but alsohuge interest (9% in the first year and 15% thereafter) on enhanced compensation.2. To expedite the disposal <strong>of</strong> the cases in different courts it has beenproposed that the district level Negotiations Committee constituted under G.O. Ms.No. 1050 Revenue (<strong>Land</strong> <strong>Acquisition</strong>) Department. Dt: 17-10-1992 for passing theconsent award under section 11(2) <strong>of</strong> the land <strong>Acquisition</strong> At be empowered tonegotiate with the land owners, and once the settlement is reached, to file a consentjoint affidavit before the court with a request for a consent award or decree. Thebasic idea behind this mechanism is to bring finally to at the earlier cases pending inthe courts <strong>of</strong> Law which would help not only in early realization <strong>of</strong> the amount due tothe land owner but also reduce interest burden on the Government on account <strong>of</strong>payment <strong>of</strong> interest.3. Accordingly Government after careful consideration in the matter herebyempower the District Level Negotiation Committee constituted under G.O. Ms. No.1050. Revenue (<strong>Land</strong> <strong>Acquisition</strong>) Department dated 17-10-1992 to entertainpetition or initiate action suo-motu for negotiations with land owners. Oncenegotiations is reached a joint affidavit by <strong>Land</strong> <strong>Acquisition</strong> <strong>of</strong>ficer and the landowners concerned can be filed before the court concerned with a request to pass aconsent decree / award. Once consent affidavit is accepted by court and a consentaward / decree is issued by court the <strong>Land</strong> <strong>Acquisition</strong> <strong>of</strong>ficer will take further actionfor implementation <strong>of</strong> such consent award / decree without any further loss <strong>of</strong> time.4. under this provision the District Level Negotiations Committee isempowered to award an additional amount to maximum extent <strong>of</strong> 50% <strong>of</strong> thecompensation (award value inclusive by the <strong>Land</strong> <strong>Acquisition</strong> <strong>of</strong>ficer in his award).72

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