ARIJIT PASAYAT, H.K.SEMA
Govt. of A. P. – Appellant
Versus
Kollutla Obi Reddy – Respondent
Judgment
Arijit Pasayat, J.—In these appeals challenge is to the judgment of a Division Bench of the Andhra Pradesh High Court setting aside the orders/awards made under the Land Acquisition Act, 1894 (in short the ‘Act’) and directing Land Acquisition Officer to pass fresh awards keeping in view the observations made in the judgment.
2. A brief reference to the factual aspects would suffice.
3. In 1956 Nagarjuna Sagar Project (Acquisition of Lands) Act, 1956 (in short the ‘Nagarjuna Act’) was enacted. Under the said Act Sections 11 and 23 of the Act were amended. In 1979 writ petition was filed by one K. Rangaiah and others questioning constitutional validity of Nagarjuna Act. A Division Bench of the Andhra Pradesh High Court by its judgment dated 31.8.1979 in writ petition No. 2110/79 (K. Rangaiah v. State of A.P. (AIR 1980 A.P. 165) held that the amendment to Section 23(1) (first clause) of the Act as made by the Nagarjuna Act is violative of second proviso to Article 31-A of the Constitution of India, 1950 (in short the ‘Constitution’) only so far it relates to acquisition of land within the ceiling limit and is under personal cultivation. The correctness of the judgment was quest
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