GO Ms.No.243 land acquisition payment- Payment of Ex-gratia to various categories of encroachers/enjoyers of the Government lans required for irrigation Projects
This document establishes guidelines for providing ex-gratia payments to various categories of encroachers and enjoyers of government lands required for irrigation projects in Andhra Pradesh. It outlines 4 categories (A, B, C, D) and specifies the eligibility and amount of ex-gratia payment for each. Category A includes DKT patta holders who will receive payment as per an earlier order. Categories B and C include long-term cultivators and possessors confirmed in records who will receive full or 50% market value respectively without solatium. Category D includes ineligible purchasers of assigned lands. The order applies these guidelines uniformly across irrigation projects requiring government land acquisition.
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Application for Written Arguments dated 05 06-2020 before Supreme Court of IndiaOm Prakash Poddar
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GO Ms.No.243 land acquisition payment- Payment of Ex-gratia to various categories of encroachers/enjoyers of the Government lans required for irrigation Projects
1. GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Land Acquisition- Payment of ex-gratia to various categories of
encroachers/enjoyers of the Government lands required for Irrigation Projects-
Orders- Issued.
------------------------------------------------------------------------------------------------------------
REVENUE ( LAND ACQUISITION ) DEPARTMENT
G.O.Ms.No.243 Dated:27-3-2010,
Read the following:
1.G.O.Ms.No.639, Revenue (Assn.IV) Dept., dt.20.9.2001.
2. Minutes of the meeting held on 25.9.2009.
3.From the Spl.CS & CCLA AP Hyd. Ref.No.SRP3/920/2009
Dt.20.1.2010 .
***
ORDER:
In the G.O.first read above, certain guidelines were issued for a specific
Irrigation Projects in Kurnool District for payment of exgratia to the following
categories of enjoyers/encroachers of Government lands:
i) to pay ex-gratia for the lands which are in category-A i.e. to DKT Patta
holders in terms of G.O.Ms.No.1307, Revenue, dt.23.12.1993.
ii) As regards the lands covered in Category B i.e. those who have been
cultivating the land for a long period without “D” form pattas and whose
possession is confirmed by entries in 10(1) and the Adangal accounts,
may be paid ex-gratia which is equivalent to market value without
solatium.
iii) As regards the lands in Category D i.e. those who are in possession
and enjoyment of the lands and whose names are found only in
Adangal, may be paid ex-gratia which is 50% of the market value for
deprivation of livelihood. No solatium would be payable.
iv) As regards Category ‘C’ i.e. persons who have purchased assigned
lands from DKT patta holders, will not be entitled for any ex-gratia as it
amounts to violation of the conditions of assignment and contravention
of the provisions of A.P.Assigned Lands (POT) Act, 1977.
2. During the meeting held on 25.9.2009 under the Chairmanship of Chief
Secretary to Government regarding payment of exgratia to various categories of
encroachers/enjoyers on the Government/Endowment lands required for
Irrigation Projects, it was decided that “instead of examining the proposal on a
case by case basis, which takes considerable amount of time, for paying
compensation to enjoyers/encroachers of Government lands for different
Projects, Revenue Department shall make G.O.Ms.No.639, Revenue (Assn.IV)
Department, dt.20.9.2001 applicable to Irrigation Projects in the State wherever
Government Lands are to be acquired”.
P.T.O.
2. -2-
3. In the reference 2nd
read above, the Spl.Chief Secretary & Chief
Commissioner of Land Administration, Hyderabad has submitted the draft
proposals on the lines of G.O.Ms.No.639, Revenue (Assn.IV) Department,
dt.20.9.2001.
4. Government after careful examination of the matter, hereby order as
follows:
i) To pay ex-gratia for the lands which are in category-A i.e. to DKT Patta
holders in terms of G.O.Ms.No.1307, Revenue, dt.23.12.1993.
ii) As regards the lands covered in Category B i.e. un-objectionable land
under the enjoyment of eligible encroachers for a long period without
“D” form pattas and whose possession is confirmed by entries in 10(1)
and the Adangal accounts, they may be paid ex-gratia which is
equivalent to market value without Solatium.
iii) As far as the lands in Category ‘C’ i.e. unobjectionable lands under
enjoyment of the eligible encroachers and whose names are recorded
only in the Adangal they may be paid ex-gratia which is 50% of the
market value for deprivation of livelihood. No Solatium would be
payable; and
iv) Persons who have purchased assigned lands from DKT Patta holders,
will not be entitled to any ex-gratia, as it amounts to violation of the
conditions of assignment and contravention of the provisions of A.P.
Assigned lands (POT) Act, 1977.
5. The payment of ex-gratia/compensation for the eligible encroachers
covered under items (ii) and (iii) above may be made after the personal
inspection of the Joint Collector of the concerned District.
6. The Spl.Chief Secretary and Chief Commissioner of Land Administration,
Hyderabad and all District Collectors shall take necessary action accordingly.
( BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
RAJESHWAR TIWARI,
SECRETARY TO GOVERNMENT
To
The Spl.Chief Secretary & Chief Commisioner of Land
Administration, Hyderabad.
All District Collectors in the State.
The I & CAD Department.
Copy to:
The P.S. to Prl.Secy.to C.M.
The P.S. to Prl.Secy.(Irrg.) (PW)
The P.S. to Secretary (Revenue)
SF/Sc
//Forwarded: by order//
SECTION OFFICER