166. When land which is not already in the possession of the Government permanently required for the purposes of the Government it should be acquired through if agency of the Land Acquisition Act (Act I of 1894), which alone can confer an indefeasibi
Para 168] Works 89
title. The officer concerned should, in the first instance, consult the Revenue Divisional Officer and obtain from him the fullest possible information as to the probable cost of the land per acre or otherwise, together with the value of buildings etc., situated on the property, for which compensation will have to be paid, and a draft notification under Section 4(1) of the Land Acquisition Act, Upon the information thus obtained, an estimate should be framed by the Public Works Officer and submitted for sanction. The draft notification should be submitted with the estimate for the approval of Government and published in the Andhra Pradesh Gazette.
In cases in which the owner of a land about to be acquired is willing to make a free gift of the land required, a deed of gift should not be executed in favour of Government, but the procedure prescribed by the Land Acquisition Act should be followed and an award should be passed under Section 11 of the Act for the full market value of the land and not for a nominal amount. The owner who is willing to make a free gift of the land should receive the compensation awarded and may make a gift of the amount of the compensation to Government to be utilized for the public purpose for which the land is acquired.
There is, however, no objection to local officers negotiating with the owners of land with the object of coming to an amicable agreement with them as to the price to be paid previous to the intimation of the proceedings under the Land Acquisition Act, with a view to guard against subsequent exorbitant demands or awards, provided that this procedure Will result in economy. Any settlement thus arrived at should immediately be communicated to the Land Acquisition Officer, The settlement must take the form of an agreement that fee owner is willing to sell for a certain specific sum plus 15 per cent of that sum for compensation, the total of two sums being the actual price agreed on.
167. In cases of urgency acquisition should be made under Section 17 of the Act;
possession is then obtainable fifteen days after publication of notice under Section 9(1) of the Land Acquisition Act. When possession has once been taken under Section 16 or 17 of the Act, Government cannot withdraw from its acquisition, therefore, when the claim is in large excess of the award possession should not be taken without a reference to the authority sanctioning the work.
168. When sanction to an estimate framed as above directed has been obtained and when the draft notification referred to in Paragraph 166 has been published, the Executive Engineer should make over the matter to the Revenue Divisional Officer who will take the necessary steps for the acquisition and transfer of the land, subject 10 instructions which he may receive from Revenue authorities to whom he is subordinate. These instructions provide that if the estimate originally framed and sanctioned is likely, when the land comes to be acquired, to be materially exceeded, the Revenue Officer making the award should give sufficient notice to the Public Works Officer and should take into consideration any representation which such officers may make, whether it is made orally or by letter.
More especially he would, before making the award, allow such officer an opportunity of appearing in person or by agent and producing evidence as to the value of the land. When such a reference is made, the Public Works Officer should, if it is found impossible to obtain the land required without materially exceeding the estimate, or to obtain some other plot of land in lieu of that originally proposed, submit a revised estimate for sanction. When possession has once been taken under Section 16 or 17 of the Act, Government cannot withdraw from the acquisition of the land. In cases, therefore, where the amount claimed in pursuance of a notice under the Act largely in excess of the amount subsequently
awarded by the Collector, and the acquisition of the land is not absolutely necessary, possession should not be taken without a reference to the authority sanctioning the work until the time within which an application for a reference to the Court must be made under Section IS of the Act has elapsed without such application being made.
169. The arrangements between the officers of the department and the Revenue Officers to determine as to which land should be taken up should, where practicable, be made without divulging the intentions of the Government in order to prevent the prices being put up and to render private bargaining possible.
170. After the preliminary arrangements described in the preceding Paragraphs have been duly carried out, the land will be taken up under the Act either by the Collector or by a Special Officer, placed at the disposal of the Public Works Department and invested with the powers of a Collector under the Act. The procedure in two cases is described in j the Civil Account Code, Volume I, Appendix 7.
(b) Land held for Military Purposes 171. No land, whether-
(a) Within cantonment limits,
(b) Forming part of an encamping ground, or
(c) Otherwise held for military purposes,
Should be taken up or occupied for any purposes whatever, either by contractors or any.
other persons (official or non-official) acting under the orders of any Civil Department of the State, until the sanction of the Government of India in Ihe Defence Department to the occupation or use of the land has first been obtained and communicated to the General Officer Commanding the Division or Independent Brigade. In all such cases, the sanction of the Government of India should be obtained by the General Officer Commanding the Division or Independent Brigade through the Quarter-master-General in India.
Application for such land when within cantonment limits should be made by the officer in charge of the works to the cantonment authority and by the latter to the superior military authority, but in the case of military encamping ground application should be made to the General Officer Commanding the Division or Independent Brigade. The Military authorities will then take the necessary steps to obtain (i) the opinion of the State Government, which should invariably be recorded upon all applications, and (ii) the sanction of the Government of India to the occupation of the required land. The foregoing procedure will apply in cases where it is proposed to purchase, or otherwise acquire permanently, any building situated on military land for the use of a Civil Department,
111. Lease of Lands in charge of the Public Works Department 172. (i) Lands in charge of the Public Works Department are of two kinds-
(1) Lands acquired by the Public Works Department for the construction of buildings but not immediately used for the purpose, and
(2) Lands in charge of Public Works Department for administrative purposes, e.g., land in berms of canals, drains, channels, etc., and at wharfs,
(ii) The procedure of grant under the Crown Grants Act, should be adopted for grants of these lands for temporary occupation for agriculture and non-agriculture purposes.
Para 172] A.P. PUBLIC WORK DEPARTMENT CODE 91
ideals, private bodies, companies or associations and loc bodies.
(iii) The grants will be made in consultation with the Revenue Department where necessary. Rent should be collected departmentally in the case of grants.
(iv) The period for which temporary occupation of the lands in charge of the Public Works Department may be sanctioned, must be determined carefully in each case with reference to the nature of the property and the consideration whether the properly is likely to be required by Government for any other purpose.
(v) The grant in each case, after sanction by competent authority, should be embodied in an order in (he form given in Appendix XIII-B in the case of grants for agricultural purposes and in Appendix XIII-C in the case of grants for non-agricultural purposes, with suitable modifications, where necessary, by the Executive Engineer concerned, as the assigning authority and delivered to the party. The items enumerated below by way of illustration will be cases for such grants for non-agricultural purposes:-
(a) Recreation purposes with or without a pavilion or club house.
(b) Bridges and culverts, whether permanent or temporary.
(c) Banks (for trade purposes).
(d) Timber and firewood depots.
(e) Laying pipe lines.
(f) Unobjectionable sub-soil encroachments on road margins and other Government formbooks.
(g) Temporary occupation of Government land for performances by a touring cinema, circus or dramatic company.
The items enumerated below will be cases for grants for agricultural purposes:- (a) Growing or grass or other fodder.
(b) Raising flower gardens.
(c) Planning casuarinas.
(d) Cultivation of plantation products,
(e) Cultivation of paddy, pulses and other food grains or commercial crops like tobacco, cashew, groundnuts, etc.
(vi) These grants need not be registered -- vide Section 90(l)(d) of the Indian Registration Act. The orders embodying such grants are also not liable to stamp duty - vide item4 of Notification No. 13, dated the 17th December, 1938.
(vii) The orders of Government must be obtained in every case of grant in which the value of the property exceeds Rs. 30,000. The Chief Engineer may sanction grants in all cases in which (he value of the property exceeds Rs. 15,000 but does not exceed Rs. 30,000 upto a period of five years. The Superintending Engineers may sanction grants in cases in which the value of property exceed Rs. 3,000 but does not exceed Rs. 15,000 upto a period of five years, subject to any administrative instructions issued by the Chief Engineer. Similarly, the Executive Engineers may sanction grants in cases in which the value of (he
instructions issued by the Superintending Engineer or higher authority.
(viii) In all these grants, the period of notice to be given under Condition 21 in Appendix XIII-B or Condition 19 in Appendix XIII-C by the assigning authority or by the grantee should be fixed carefully with reference to all the relevant circumstances and specified in the order. This period should not exceed the period of grant and subject to this, may normally be one month for periods of grants upto three months; two months, for periods of grants upto six months; three months, for periods of grants upto a year; and six months for longer period of grants.
(ix) When it is proposed to grant to a club land within the compound of a Government office or a residence, the site as well as the plans and estimates relating to any buildings, structures, badminton or tennis courts, etc., which the club proposes to erect should be approved by the Executive Engineer in order to ensure that such buildings, structures, or courts, etc., are in keeping with the layout of the Government buildings. Copies of the plans of the site, buildings, etc., as approved by the Executive Engineer should be submitted with the proposals for the grant. It should be made clear in the order of the grant that the grant will be recoverable at 24 hours notice.
(x) Renewal of grants can be sanctioned only by the authority competent to sanction the grant in the first instance. |
(xi) No attempt can be made to prescribe standard rates for the various purposes 1 for which land may be granted. The determination of the charge is therefore left to the discretion of the authorities who are competent to sanction the grant. The following general principles should, however, be observed in fixing the rates of charge as far as possible:-
(a) Recreation purposes:—In the case of clubs consisting entirely of non-gazetted officers and of playgrounds required for educational institutions, nominal charges may be levied. In other cases except in municipalities and in the City of Hyderabad the! Terrain assessment or ground-rent on the site, or, if the land has not been assessed, the land' revenue that is being levied on similar ryotwari land in the village or its neighbourhood should be charged- Special reasons should be given if any concessional treatment is;
Recommended. Subject to the general concession indicated in favour of non-gazetted officers' and educational institutions, a suitable charge should be levied in respect of each grant in municipalities and in Hyderabad city.
(b) Trade purposes:—The full competitive rent should be levied as the charge for the occupation. By mil competitive rent is meant the rent which the site would fetch in the open market if offered subject to the conditions stipulated by Government.
(c) Touring cinemas, circuses or dramatic companies:—A reasonable fixed daily charge should be levied in accordance with the rates to be prescribed by the Collector. Collectors should fix for each village and town in their districts the rate of charge per square yard or ground or cent that should be levied. The rates wiil depend upon the importance of the village or town and situation of the land. There are, in each villages or town particular sites in which entertainments are usually held. The Collector will fix ihc rates for each of these sites.
When other sites are applied for, the Collector should be addressed for orders as to the rate to be levied.
(d) Laying of pipe lines -A track rent should be levied on the scales specified below:
Para 173] Works TABLE 93
Kate Minimum Rs.
Major Municipalities Rs. 70 per K-M. or 7 paise per metre 3 Minor Municipalities Rs. 50 per K.M. or 5 paise per metre 2
Other towns Rs. 35 per K.M. or 3'/i paise per metre 1 Rural areas Rs. 35 per K.M. or IVi paise per metre 1
In Hyderabad city, however, track rent, should be levied at the rate ofRs. 300 per kilometre, except in cases of renewal of existing grants for which the old rates ofRs. 250 or Rs. 300 per kilometre as the case may be should be charged [172(d) newly substituted].
(c) Occupation of lands for unremunerative public or private purposes:—
The annual charge should be fixed at an amount not lower than the assessment or ground-rent leviable on the land, subject to a minimum of Re, 1.
Municipal taxes:—In Hyderabad city and in mufassa! municipalities, the charge for occupation will consist of two parts; the first part will be a specified sum fixed with reference to the instructions in sub-Paragraph (i) above, while the second part will consist of another specified sum to be levied on account of the municipal taxes payable by the Government in respect of the property covered by the grant. In the event of the Corporation or the municipality concerned varying its demand, the right to revise the second part of the charge and to collect any further sum due as result of such revision should be reserved in the order of giant. The two parts of the charge will be payable by the grantee simultaneously either in a lump sum or in instalments as may be specified in the order of grant.
Levy assessment and water-cess:-The annual charge for the occupation shall be the assessment fixed already in the case of assessed land. If it is not an assessed land, it shall bear the same assessment as is borne by similar land in the vicinity. Such assessment shall be liable to revision from time to time in accordance with the rules in force at the time of such provision. Water-cess will be leviable in addition in accordance with the Andhra Pradesh (Andhra Area) Irrigation Cess Act (Act VII of 1865) and the rules framed thereunder.
(xii) Any modifications in the form of grant should be made in consultation with the local Government pleader.
(xiii) Immediately the grants are sanctioned, the period of grant and the rent to be recovered should be noted in the Miscellaneous Property Register maintained by the Sub-divisional Officer in all cases.
H - EXECUTION OF WORKS