BALWANT RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The Civil Revision Petition arises out of the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as 'the Act'). The petitioners, who are father and his two major sons, have filed separate declarations in C.C. Nos. 516 517 and 1518 of 1975 on the file of the Land Reforms Tribunal. Bodhanl They filed the declarations on behalf of their respective family units. The lands in question are their joint family lands, each of the petitioners having a one-third.share in the same. Since there was no partition and separate possession of the lands, the entire joint family lands were converted into standard holding and, on the ground that each of the petitioners was entitled to a one-third share in the same and on the ground that each of them is entitled to retain land equivalent to one standard holding towards the ceiling area, the Land Reforms Tribunal determined the excess land to be surrendered by each of them as 0.1546 Standard Holdings. On the basis of that order, since the lands are joint lands, the petitioners jointly surendered lands equivalent to 0.4638 standard Holdings.

(2.) The question is, on what basis the petitioners have to be paid compensation for the lands surrendered, is it on the basis of the entire land surrendered being one unit or on the basis that the entire land surrendered constitutes three units ?

(3.) As provided under Schedule II to the Act, different rates are fixed for calculating the amount payable for the land surrendered and become vested in the Government. If the land revenue payable on the total lands surrendered, by the three petitioners put together, is taken into consideration for the purpose of calculating the amount payable to the petitioners, it would be less than the amount which they would be entited if the land revenue payable on the one third of the land surrendered with regard to each of the petitioners is taken into consideration