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2016 Supreme(SC) 497

ANIL R.DAVE, ADARSH KUMAR GOEL
Visakhapatnam Urban Development Authority – Appellant
Versus
S. S. Naidu – Respondent


JUDGMENT :

Anil R. Dave, J.

1. Leave granted.

2. At the request of the learned counsel for the parties, the appeals have been finally heard today.

3. Chequered history of these appeals started with issuance of notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act”) on 20th March, 1978. The respondents are the land-owners of the land forming part of TS No.83/1 of Waltair Ward of Visakhapatnam, which is the subject matter of these appeals. Necessary notification under Section 6 of the Act was also issued. The award was made and ultimately compensation in respect of the land in question was also determined at Rs.7,82,612.56. The said amount was deposited in the Court. The land in question was required for the purpose of widening of a road.

4. After the Award was made, the respondents/land-owners of the land in question made a request to the authorities concerned for withdrawal of the acquisition, though possession of the land in question was, in fact, taken on 20th February, 1982. The matter ought to have ended there because the land was acquired, possession was taken and the amount of compensation was also deposited with the Court, but in p















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