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1995 Supreme(SC) 1224

K.RAMASWAMY, S.B.MAJMUDAR
Collector, Ongole – Appellant
Versus
Narra Venkateswarlu – Respondent


Advocates:
R.N.KESHWANI, T.V.S.N.Chari

(1) THESE appeals by special leave arise from the judgment and order of the division bench of the High court of A. P., dated 8/8/1985, made in Writ Appeals Nos. 302-03 of 1985. A notification under Section 4(1 of the Land Acquisition Act was initially published on 15/4/1983. The same was subsequently withdrawn and fresh notification was published on 9/6/1983. The respondents challenged the validity of the notification in two writ petitions. The learned Single Judge by his order dated 1/2/1985 quashed the notification on the ground of colourable exercise of power by the authorities. On appeal before the division bench, one of the learned Judges upheld the order of the learned Single Judge on the ground of non-application of mind by the Collector himself, since the acquisition was made by the Collector on the recommendation made by the government. The second ground was that the administrative instructions for obtaining prior permission from the government for making the award when the value exceeds Rs. 20,000.00 per acre were not obtained. Another learned Judge has affirmed the order on the ground that the prior permission of the government was not obtained for making the awa





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