M.H.KANIA, R.M.SAHAI
Nutakki Sesharatanam – Appellant
Versus
Sub-collector, Land Acquisition, Vijayawada – Respondent
Judgment
KANIA, J.:- This is an appeal by Special Leave from the judgment of a Division Bench of the Andhra Pradesh High Court dismissing the Writ Appeal No. 577 of 1985 filed in that Court.
2. Very few facts are necessary for the disposal of this appeal.
3. The appellant is the owner of a plot comprising roughly 2 acres of land in Ramavarappadu village, Vijayawada Taluk, in the Krishna District in Andhra Pradesh. The Government of Andhra Pradesh sought to acquire about 1 acre and 89 cents out of the aforesaid land for a public purpose. A Notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act") was published in the Government Gazette on February 9, 1976. The substance of the said notification was published in the locality where the land proposed to be acquired is situated, on April 2, 1978, long after the period of 40 days within which it was required to be published as per the provisions of Section4(1) of the said Act as amended by the Andhra Pradesh (Amendment) Act, 1983 (Act 9 of 1983). Enquiry under Section 5 A of the said Act was dispensed with invoking the urgency clause as per Section 17(4) of the said Act. Notification under
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