B. Kamalamma Vs. Sub-Collector, Land Acquisition, Vijayawada and others
EmailAppeal: Civil Appeal No.1714 of 1986
Petitioner: B. Kamalamma
Respondent: Sub-Collector, Land Acquisition, Vijayawada and others
Apeal: Civil Appeal No.1714 of 1986
Judges: M.H. KANIA & R.M. SAHAI, JJ.
Date of Judgment: Oct 31, 1991
Head Note:
LAND ACQUISITION
Land Acquisition Act, 1894:
Section 4(1) (as amended by Andhra Pradesh (Amendment) Act, 1983) – Notification under section 4(1) not published within 40 days – Following JT 1991 (4) SC 274, acquisition of land declared bad in law.
Cases Reffered:
1. Nutakki Seshratanam v. Sub-Collector, Land Acquisition, Vijayawada and others, JT 1991 (4) SC 274 – Followed. (Para 1)
JUDGEMENT:
O R D E R
M.H. KANIA, J.:
1. In this appeal, it is common ground that in view of our judgment in Civil Appeal No.1720 of 1986 entitled Nutakki Seshratanam vs. Sub-Collector, Land Acquisition, Vijayawada and others which is delivered today, this appeal also must be allowed. Rule in writ petition is made absolute. It is declared that the acquisition of the land of the appellant is bad in law. If the possession has been taken, the same must be returned to the appellant.
2. However, there will be no order as to costs in this appeal.
M.H. KANIA, J.:
1. In this appeal, it is common ground that in view of our judgment in Civil Appeal No.1720 of 1986 entitled Nutakki Seshratanam vs. Sub-Collector, Land Acquisition, Vijayawada and others which is delivered today, this appeal also must be allowed. Rule in writ petition is made absolute. It is declared that the acquisition of the land of the appellant is bad in law. If the possession has been taken, the same must be returned to the appellant.
2. However, there will be no order as to costs in this appeal.
