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18. In the instant case, the provisions of the Land Acquisition Act are not applicable. The lands had not been notified under the said Act. The leaned trial Judge, therefore, erred in holding that the plaintiffs are persons aggrieved within the meaning of. Section 3(b) of the Land Acquisition Act. It is also not a case of transfer.

19. With utmost respect, in our opinion, the Full Bench committed error insofar as it held that where patta lands are resumed by j the Government, the assignee would be entitled to compensation which would be equal to the market value of their interest in the land subject to the clog. Quantum of damages have to be ascertained having regard to the fact situation of each case. The right of the State to resume land is conditional only to the extent referred to in D form patta. Once such conditions are fulfilled, which have been done in the instant case, no grant of compensation would be payable towards resumption of land. Compensation may, however, be payable if lands have not been resumed by following due process of law. The act of the State in such cases would be tortuous in nature.

22. Where the stand of the Government is that it has resumed land in accordance with the terms and conditions of the patta, the question of issuance of any direction upon the State to initiate proceedings under the Land Acquisition Act would not arise at all. The provisions of Section 6 of the Specific Relief Act, 1963 are not applicable in the case of State. Having regard to the fact that the lands cannot be restored back even in a suit filed by the plaintiffs, what would be payable is the amount of compensation to which the plaintiffs may found to be entitled to, but the grant of compensation by no stretch of imagination can be equivalent to the market value of the land in view of the fact that the interest of the assignees in the land was limited. The State while acquiring lands can exercise its power of eminent domain. Solatium is paid only in terms of the provisions of the Land Acquisition Act. There does not exist provisions for payment of solatium if acquisition or requisition of the land is made in terms of the provisions of an Act other than the Land Acquisition Act. It is one thing to say that having regard Article 300-A of the Constitution of India that no citizen should be deprived of his right to property without payment [of compensation if the State exercises its power of eminent domain, but, it is another thing to say that they would be entitled to the market value of the land as if they are the full owners thereof despite the fact that they are not. Grant of compensation, therefore, must be determined having regard to the nature of rights and other circumstances attending thereto. To the said extent, the Full Bench decision, in our opinion, has not laid down correct law and must be overruled.

4. The occasion chosen to examine the correctness of the Full Bench decision (supra), is the review petition filed by the Government seeking review of the judgment rendered by a Division Bench of this court on 17-7-1996 in AS No. 2541 of 1986. AS No. 697 of 1985 filed by the Government against the judgment and decree in OS No. 90 of 1981 and another appeal filed by other parties in AS No. 1266 of 1987 are not connected with OS No. 90 of 1981.

5. The relevant facts relating to the said appeal proceedings are that in the year 1969, the Government of Andhra Pradesh assigned certain lands covered under S.Nos.49, 106, 24/5 and 8 situated in Kambavalasa village of Viziangaram district by way of D-Form Pattas in favour of landless poor persons subject to fulfilment of certain terms and conditions. Pursuant to the assignment of D-Form pattas, the assignees made the lands cultivable and enjoying the fruits of it by doing cultivation. While so, on 1-2-1977, the said lands were taken over by the Government for the purpose of Janjahavati Resorvoir Project.

"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 docs 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 petson for the interest he held in the property."