K. MADHAVA REDDY, ACTG. C. J.

( 1 ) THE claim of the petitioner is that he holds land less than the ceiling area to which he is entitled under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. But a part of his holding has been acquired under the provisions of the Land Acquisition Act read with the Andhra Pradesh Amendment Act, 1976, whereby compensation payable for the land acquired is permitted to be paid in instalments. That provision was challenged as unconstitutional in a batch of writ petitions. A Full Bench of this court in W. P. No. 3353 of 1976 and batch, by judgment dated 26/09/1978, held section 3 (4) of the Amendment Act which provides for payment of compensation in instalments to be violative of fundamental rights. The Full Bench held that"payment of compensation in instalments works out to payment of compensation which is less than the market value. Section 3 (4) of the impugned Act of 1976 is unconstitutional to the extent of acquisition of lands which come within the purview of article 31a (1) of the Constitution of India. That is to say, compensation cannot be paid in instalments for lands acquired from a farmer who holds lands below the

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