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1997 Supreme(AP) 1111

MAHEMMAD HABEEB SHAMS ANSARI
K. Papeshwar Rao – Appellant
Versus
Government Of A. P. – Respondent


M. H. S. ANSARI, J.

( 1 ) HEARD Sri S. Niranjan Reddy, learned Counsel for the petitioner and learned Government Pleader for Land Acquisition on behalf of the respondents.

( 2 ) THE petitioner has questioned the guidelines communicated by the Commissioner of Land Revenue in CLR s Ref. No. Gl/2133/96, dated 24-12-1996. The contention of the petitioner in the above writ petition is that Guideline No. 22 is the said Circular dated 24-12-1996 is contrary to law and should be declared void.

( 3 ) THE impugned Guideline No. 22 reads as under :"22. The applications for redelermination of compensation under Section 28a should be entertained only when the following conditions are satisfied. (i) The claimant should have received the amount under protest (ii) The application should be filed within 3 (three) months from the date of the award of the Court (the period for obtaining the copy of the award of the Court should be excluded) and (iii) The land should have been notified in the same notification".

( 4 ) THE offending portion of the above guideline is as contained in Clause (i) above, which states that the claimant should have received the amount "under protest" as otherwise the applicati









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