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2000 Supreme(AP) 964

Andhra Pradesh High Court
Judges : B.SUBHASHAN REDDY, S.B.SINHA
Government of A.P. - Appellant
Versus
N.Rami Reddy - Respondent
Decided On : 12-21-00

Headnote:

Nagarjuna Sagar (Acquisition of Land) Act, 1956 - Section 4 (1) and 17 (2) (b) (ii) - Land Acquisition Act, 1894 - Acquisition of lands - Granting scheme - Whether the acquisition shall be made in accordance with the provisions of the Land Acquisition Act, 1894 - Held, It is true that the Court in exercise of its jurisdiction under Article 226 of the Constitution need not set aside an order only because it would be lawful to do so - The scheme of granting similar compensation, also finds reflection from S. 28-A which was inserted by Amending Act 68 of 1984 - In any event, the very purpose of insertion of the second Proviso appended to Article 31-A, which is also part of agrarian reform, will be set at naught if the petitioners are to be deprived of their due compensation despite the fact that they fulfil all the conditions therefore - Appeal dismissed

S. B. SINHA, J.

( 1 ) SEVERAL questions of some importance have been raised in these appeals and connected writ appeals. Having regard to the questions involved in these matters, it is not necessary to State the fact of the matter in details. But, suffice it to say that for the purpose of construction of Nagarjuna Sagar Project, the State enacted Nagarjuna Sagar (Acquisition of Land) Act, 1956 (A. P. Act No. XXXII of 1956) (hereinafter called and referred for the sake of brevity as the said Act ). The said Act came into force with effect from 8-11-1956. Sections 3 and 3-A of the said Act read thus:"3. Acquisition of lands in Nagarjunasagar Project area:- The Government may acquire any land in the project area for a project purpose. (2) The acquisition shall be made in accordance with the provisions of the Land Acquisition Act, 1894 (Central Act I of 1894) (hereinafter in this Section referred to as the said Act), subject to the following modifications:- (1) For Section 11 of the said Act, the following Section shall be substituted, namely:-[11. Enquiry and award by Collector:- On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections, if any, which any person interested has stated pursuant to a notice given under Section 9 to the measurements made under Section 8 into the market value of the land on the 1/07/1953 and the vlaue of any improvements to the land effected after the date and before the date of the publication of the notification under sub-section (1) of Section 4 into the value of the land at the date of the publication of the notification under sub-section (1) of Section 4 and into the respective interests of the persons claiming the compensation and shall make an award under his hand of- (i) the true area of the land; (ii) the compensation which in his opinion should be allowed for the land; and (iii) the apprtionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him; (ii) after sub-clause (ii) of Clause (b) of sub-section (2) of Section 17 of the said Act, as amended by the Land Acquisition (Andhra Pradesh Amendment) Act, 1948 (Act XXI of 1948), the following shall be added, namely:-or (iii) for any prupose connected with the Nagarjunasagar Project in the area to which the Nagarjunasagar Project (Acquisition of Land) Act, 1956, extends; (iii) In sub-section (1) of Section 23 of the said Act, for clause first, the following clauses shall be substituted, namely:-[first the market-value of the land on the 1/07/1953 and the value of any improvements to the land effected after that date and before the date of the publication of the notification under sub-section (1) of Section 4 or the market-value of the land on the date of the publication of the said notification, whichever is less;]explanation:- The Government may, on the request of the landlowner, agree to give in exchange any Government land the cost of which is, in their opinion, equal to the cost of the land acquired, or agree to pay the cost of a portion of the land acquired and for the remaining portion give Government land the cost of which is in their opinion equal to the amount due. ""3-A. Application of Central Act I of 1894 for acquisition of lands in certain project areas:- (1) In this Section,- (a) central Act means the Land Acquisition Act, 1894 (Central Act 1 of 1894), with the subsequent statutory modifications thereto as in force at the commencement of this Act in the territories of the State of the Andhra Pradesh which, immediately before the 1/11/1956 were comprised in the State of Andhra; (b) hyderabad Act means the Land Acquisition Act (Hyderabad Act IX of 1309 F ). (2) Notwithstanding anything contained in sub-section (2) of Section 1 of the Central Act and in Section 1 of the Hyderabad Act as amended by Secti






















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