Section 39 in Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948
39. Determination of basic annual sum and of total compensation.
(1)The Director shall determine in accordance with such of the foregoing provisions as may be applicable to the estate(a)the basic annual sum in respect thereof; and(b)except in the case governed by Section 38, also the total compensation payable in respect of the estate.(2)Any landholder or other person interested may, within such time as may be prescribed or such further time as the Director may in his discretion allow, apply in writing to the Director for a copy of the data on the basis of which he proposes to determine the basic annual sum.(3)On the receipt of such application, the Director shall furnish the data aforesaid to the applicant; and he shall also, before passing any order under sub-section (1), give the applicant a reasonable opportunity of making his representations in regard thereto, in writing or orally.(4)A copy of every order passed under sub-section (1) shall be communicated to every landholder concerned, and also to every applicant under sub-section (2).(5)Any person deeming himself aggrieved by an order made under sub-section (1) may, within three months from the date of the order or such further time as the Board may in its discretion allow, appeal to the Board of Revenue; and the Board shall, after giving the applicant a reasonable opportunity of being heard, pass such orders on the appeal as it thinks fit.(6)The Board of Revenue may also in its discretion, at any time, either suo motu or on the application of any person call for and examine the record of any order passed, or proceeding taken, by the Director under this section, for the purpose of satisfying of itself as to the legality, regularity or propriety of such order or proceeding and pass such order in reference thereto as it thinks fit;Provided that the basic annual sum or the total compensation payable in respect of any estate shall not be altered by the Board without giving every landholder concerned and every person who has made an application under sub-section (2), a reasonable opportunity of being heard.(7)No order passed by the Director under sub-section (1) shall be liable to be cancelled or modified except by the Board of Revenue as aforesaid or to be questioned in any Court of Law; and no order passed by the Board of Revenue under sub-section (5) or (6) shall be liable to be cancelled or modified by the Government or any other authority or to be questioned in any Court of Law;Provided that where the notification issued under sub-section (4) of Section 1 in respect of an estate is cancelled under sub- section (5) of that Section and the said estate is re-notified under sub-section (4) of that section, subsequent to the passing of an order under this section, resulting in-(i)the originally notified estate being split up into two more estates;(ii)some area being added, or excluded from such estate; or(iii)the variation in the tenure of such estate or of any estate estates as so re-notified; it shall be lawful for the Director to determine, in accordance with such of the foregoing provisions as may be applicable to the estate or estates as so re-notified.(a)the basic annual sum in respect of such estate or estates; and(b)except in the case governed by Section 38, also the total compensation payable in respect of such estate or estates; and all the provisions of this section shall apply to every such determination made by the Director.
