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ANDHRA PRADESH HIGH COURT
J. G. D. Ranganath, J
Ramadevi D. and Others v. Dist. Collector East Godavari Dist. Eluru and Another
| Table of Content |
|---|
| 1. land ownership and claim in light of acquisition. (Para 1 , 2) |
| 2. counter-arguments regarding necessity for public purpose. (Para 3 , 12) |
| 3. critique on the power of eminent domain and requisite clarity. (Para 5 , 10) |
| 4. judicial precedents emphasize the necessity of clear public purpose. (Para 6 , 9) |
| 5. final ruling quashing the notification due to vagueness. (Para 14 , 15) |
1.This Writ Petition is filed for a Writ of Mandamus to set aside notification dated 22-1-2004 issued under S.4(1) of the Land Acquisition Act, 1894 (for short "the 1894 Act") by respondent No. 1 to the extent of Ac. 0.24 cents comprised in Survey No. 289/2 of Vatluru village, Peddapadu Mandal, West Godavari District.
2. The petitioners claimed to be the owners of the above mentioned land as having succeeded to the said property under gift deed dated 8-2-2001 executed by the original owner of the property, by name, Sri Nageswara Rao. In her affidavit, petitioner No. 1 stated that the said Nageswara Rao was the owner of Ac. 4.00 cents of agricultural land having purchased the same in the year 1972 and that he gave away most of the said land to the Andhra Pradesh Housing Board (for short "the Board
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