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2011 Supreme(AP) 1146

C.V.NAGARJUNA REDDY
Uttam Chand Jain – Appellant
Versus
Government of Andhra Pradesh, rep. by its Principal Secretary-Revenue, Land Acquisition Department, Secretariat, Hyderabad – Respondent


Advocates Appeared:
For the Petitioners:C. Raghu, Advocate.
For the Respondents: R1 & 2, GP for Land Acquisition.

Judgment :

By notification, dated 16.09.2011, issued under Section 4(1) of the Land Acquisition Act, 1894 (for short ‘the Act’), the Principal Secretary to the Government, Revenue (LA) Department, Government of Andhra Pradesh, notified certain lands for acquisition in connection with SVP National Police Academcy. An extent of Acs.11.03 guntas in Survey No.22(P) is also included in the said notification. The petitioners, who are the owners of the said land, filed the present writ petition questioning this notification on the ground that the State Government has no power or authority to issue the said notification in purported delegated power made by respondent No.3.

2. At the hearing, Sri C.Raghu, learned counsel for the petitioners, submitted that the State Government has traced the source of its power to SO.782(E), dated 25.10.1985, of the Union of India, issued in exercise of its power under Article 258(1) of the Constitution of India, whereunder it has delegated its power of acquisition of the lands needed for the Union of India to the Government of Andhra Pradesh. The learned counsel submitted that Article 258(1) of the Constitution of India empowers the President with the conse











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