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1983 Supreme(AP) 337

A.LAKSHMANA RAO, K.MADHAVA REDDY
SINGARENI COLLERIES COMPANY LTD, CHAIRMAN, KOTHAGUDEM – Appellant
Versus
V. Satyansrayana Murthy – Respondent


( 1 ) AS the two questions of law that arise for consideration arc common to all these writ appeals and petitions, the parties have invited us to hear and dispose them off together. In fact some of the counsel adopted the arguments addressed by the others in this regard.

( 2 ) DEALING with the case of compulsory acquisition of land under a notification dated 4-7-1968 issued under Sec. 4 (1) of the Land Acquisition act in which the award was made on 6-7-1982 our learned brother P. A, choudary struck down Sec. 23 (1) of the Act in so far as it directs the determination of the compensation on the basil of the market value of the land as on the date of the publication of the notification under Sec. 4 (1) holding it to be ultra vires of second proviso of Art. 31-A (1) of the Constitution of India. The two qustions are : (1) Whether Sec. 23 (1) of the Land Acquisition Act (hereinafter referred to as the Act which directs the determination of the amount of compensation on the basis of the market value of the land at the date of publication of the notification under S. 4 (1) of the Act offends the second proviso to Article 31-A of the constitution and therefore void and Article 31-A (I)






















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