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2001 Supreme(SC) 1009

S.P.BHARUCHA, Y.K.SABHARWAL, BRIJESH KUMAR
Cement Corpn. of India Ltd. – Appellant
Versus
Purya – Respondent


Advocate Appeared:
For the Appellant:Mukti Chaudhry, Advocate.
For the Respondents:N. Ganpathy, G.V. Chandrasekhar, P.P. Singh, Advocates.

Judgment :

The appeals come to be heard by this Bench pursuant to the order of a Bench of two learned Judge passed on 29th November, 1999. The order states that the appeal is to be placed before a Bench of three learned Judges because the observations in paragraph (8) of the decision of a three-Judge Bench in Special Deputy Collector & Anr. Vs. Kurra Sambasiva Rao & Ors. (1997 (6) S.C.C. 41), regarding the interpretation of Section 51-A of the Land Acquisition Act, are sought to be re-considered.

We have read the afore-mentioned observations. We have also read the judgment of another Bench of three learned Judges in Land Acquisition Officer and Mandal Revenue Officer vs. V.Narasaiah (2001 (3) S.C.C. 530), which appears to place upon Section 51-A a construction very different from that placed in the observations in Kurra Sambasiva Rao. We are, therefore, of the view that these appeals now require to be heard by a Constitution Bench.

The papers shall be placed before the Hon'ble the Chief Justice for appropriate directions.

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