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1994 Supreme(SC) 505

K.RAMASWAMY, M.N.VENKATACHALIAH
Srinivasa Co-operative House Building Society – Appellant
Versus
Madam Gurumurthy Sastry – Respondent


Advocates:
B.PARTHASARTHY, C.SITARAMIAH, G.Prabhakar, R.N.KESHWANI

Judgment

K. RAMASWAMY, J.- Admittedly the appellant was registered under the Andhra Pradesh Cooperative Societies Act. Its object appears to be to develop the land and allot plots thereof to its members for construction of houses. Notification under Section 4(1) of the Land Acquisition Act 1 of 1894 for short the Act was published in the State Gazette on 8-2-1979, acquiring an extent of 71 acres 56 cents of land situated in Moolasagaram near Nandyal in Kurnool District for the aforesaid purpose. A report under Section 5-A, of the inquiry, was submitted to the Government. The appellant entered into an agreement under Section 41 of the Act dated 12-12-1981 with the Government treating the appellant as a company and it was published in the Gazette dated 4-2-1982. But it was given up. The State thereafter contributed Rs 100 for each acquisition and got declarations under Section 6, published in the State Gazette on 4-2-1982 to an extent of 54 acres 66 cents and on 19-2-1984 for another extent of 16 acres 19 cents. It is not necessary to mention the previous history of the litigation but suffice to state that a Single Judge dismissed one writ petition and allowed other writ petitions on



























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