MALREDDY YESANNA Vs. GOVERNMENT OF A.P.

JUDGEMENT

(1.) The petitioners were occupants of Government land in Alaganur Village, Kumool District. Their lands were acquired for construction of Alaganur Balancing Reservoir along with some private lands. In this writ petition they are seeking compensation/ex gratia for their lands on par with the lands acquired under the Land Acquisition Act or in the alternative on par with 'B' category lands pursuant to G.O. Ms. No. 639, Revenue (Assn-IV) Department, dated 29.9.2001. The State Government issued orders in G.O. Ms. No. 639, Revenue (Assn-IV) Department, dated 29.9.2001 providing for payment of ex gratia towards acquisition of Government lands. Under the G.O., lands were classified into four categories--(i) Category-A are assigned lands for which DKT pattas were granted; (ii) Category-B are Government lands occupied without pattas, but occupations were recorded in 10(1) and Adangal Accounts; (iii) Category-D lands are also Government lands occupied without pattas, but possessions were recorded only in Adangals; and (iv) Category-C are assigned lands purchased by persons from the DKT patta holders.

(2.) According to the G.O., for Category-A lands, lump sum ex gratia is fixed at the value equivalent to the market value along with an amount equivalent to 15% (for the lands resumed prior to 30.4.1984) and 30% (for the lands resumed after 30.4.1984) on the market value payable under Section 23(2) of the Land Acquisition Act, 1894. The assignees were not entitled for a reference under the Land Acquisition Act.

(3.) For Category-B lands, the possession of which is reflected in entries in 10(1) and Adangal Accounts, ex gratia is fixed equivalent to the market value but without solatium.