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5. The views of the Larger Bench are summarized in the following manner:

"Where the assigned land is taken possession of by the State in accordance with the terms of the grant or patta the right of the assignee to any compensation will have to be determined in accordance with the conditions in patta itself and where the State does not resort to the covenant of the grant and resorts to the Land Acquisition Act the assignee shall be entitled to compensation in terms of the Land Acquisition Act not as an owner but as an interested person for the interest he held in the property."

23. It is in the light of the conditions of patta and the instructions issued by the Government from time to time and various provisions in law putting restriction on right to alienate the assigned land, the learned Advocate General contended that the acquisition only relates to the quantum of interest of the D-Form pattedar and the quantum of interest is to be determined with reference to the Conditions of the grant. Even where the compensation is determinable under the Land Acquisition Act, 1894 the same will be computed with reference to the limited interest of the grantee. The condition of non-transferability is relevant for the purpose of estimating the quantum of right of the grantee, which he is being deprived of by the procedure of the land acquisition.

72. Whether the clause of 'no compensation' in the patta is an unconstitutional clause? Whether the doctrine of 'unconstitutional condition' comes into play ?

73. The question that falls for consideration is whether the assignees are entitled to payment of any compensation at all where the assigned land is taken possession of by the State in accordance with the terms of the grant or conditions of patta? Whether their right to compensation will have to be determined in accordance with the conditions in patta itself?

78. A cumulative reading of the terms and conditions of patta and various instructions issued by the Government from time to time referred to hereinabove makes it abundantly clear that in case of resumption of assigned lands for projects and other public purposes, the compensation payable is to be treated as ex-gratia. The applicability of the provisions of the Land Acquisition Act, 1894 is expressly excluded. It means whenever the assigned lands are taken possession of by the State for a public purpose in accordance with the terms of the grant or patta the compensation payable to the assignee is required to be determined in accordance with the conditions in patta itself.