LAW FOR ALL

Land Acquisition - compensation on different classifications for unauthorized land owners as per G.O.Ms.No.639, Revenue (Assn-IV) Department, dated 29.09.2001 Challenged.= The petitioners are aggrieved by the classification of their lands into Category-D, and they challenge the rationality in denying the ex-gratia on par with A-Category lands, or in the alternative at least on par with B-Category 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. 3. According to the G.O., for Category-A lands, lumpsum 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 30.04.1984) and 30% (for the lands resumed after 30.04.1984) 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. 4. 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. 5. For Category-D lands, the possession of which is reflected only in theAdangals, ex-gratia equivalent to 50% of the market value without solatium is fixed, and Category-C lands are not entitled for any ex-gratia. 6. The lands of the petitioners fall under Category-D, and as such, according to the respondents, they are entitled for 50% of the market value without solatium towards the ex-gratia in terms of the G.O.= Thus, in the considered view of this Court, all the occupants of Government land without a patta covered both by 10(1) account and adangals on the one side and only by adangals on the other, are alike and are equally placed. 23. For the foregoing reasons, G.O.Ms.No.639, Revenue (Assn-IV) Department, dated 29.9.2001 insofar as the classification it has made relating to D-category lands is held not sustainable and the same is set aside. Consequently, it is held that D-category lands shall be treated as B-category lands. Accordingly, the respondents are directed to consider the case of the petitioners for awarding exgratia treating their lands on par with B-category lands.