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1996 Supreme(SC) 1341

K.RAMASWAMY, K.VENKATASWAMI
Poshetty – Appellant
Versus
State Of A. P. – Respondent


ORDER

This appeal by leave granted by the High Court of Andhra Pradesh under Article 133 of the Constitution arises from its Full Bench judgment dated February 21, 1991 in Writ Petition No. 12604 of 1987. In this appeal, the only controversy is: whether service of notice of award passed under Section 11 of the Land Acquisition Act, 1894 [for short, the "Act"] along with its enclosure, is a pre-condition under sub-section (2) of Section 12 of the Act. The Full Bench of the High Court by judgment dated September 12, 1990 in Writ Petition No. 13203 of 1985 and batch held that service of the award with notice is not necessary. The learned Judges relying upon the omission of Second clause in proviso to Section 18 (2) of the Act held that it is not necessary that copy of the award should be served. It is contended by Shri D.P. Reddy, learned counsel for the appellants, that sub-section (2) of Section 12 was interpreted by a Division Bench of Andhra Pradesh High Court in Milap Carriers, Transport Contractor and Commission Agent, Hyderabad v. National Insurance Company Ltd., Hyderabad1. The Full Bench, therefore, was not right in its construction. The controversy is no longer res integra. T








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