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1997 Supreme(SC) 643

K.RAMASWAMY, G.B.PATTANAIK
Land Acquisition Officer – Appellant
Versus
Shivabai – Respondent


ORDER

Delay condoned.

Leave granted.

2. This appeal by special leave arises for the judgment made by the Division Bench of the High Court of Andhra Pradesh on April 15, 1994 in A.S. No. 1052/92.

3. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, the Act ) was published on August 19, 1965, acquiring large tracts of land comprised in several villages for submersion due to Sriram Sagar Prject. The land in question to an extent of 206 acres 16 gunthas of the land in situated in the village Nallur in Nizamabad District. Possession thereof was taken on November 22, 1965. After completion of the enquiry under Section 11, the award came to be made on the same date. The compensation at the rate of Rs. 400/-per acre for the dry lands and at the rate of Rs. 430/- per acre for dry black cotton lands was awardedand paid. A writ petition was filed in 1986 by two persons, i.e. respondent Nos. 1 and 2, claiming that they had filed an application under protest, but reference under Section 8 was not made. The learned single judge directed an enquiry whether notice under Section 12(2) and the award were served on the claimants as per the law then existing; if notice was not












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