GOVERNMENT OF ANDHRA PRADESH Vs. N RAMI REDDY

JUDGEMENT

(1.) Several questions of some importance have been raised in these appeals and connected writ appeals. Having regard to the questions involved in these matters, it is not necessary to State the fact of the matter in details. But, suffice it to say that for the purpose of construction of Nagarjuna Sagar Project, the State enacted Nagarjuna Sagar (Acquisition of Land) Act, 1956 (A.P. Act No. XXXII of 1956) (hereinafter called and referred for the sake of brevity as the said Act). The said Act came into force with effect from 8-11-1956. Sections 3 and 3-A of the said Act read thus:"3. Acquisition of lands in Nagarjunasagar Project area:- The Government may acquire any land in the project area for a project purpose.(2) The acquisition shall be made in accordance with the provisions of the Land Acquisition Act, 1894 (Central Act I of 1894) (hereinafter in this Section referred to as the said Act), subject to the following modifications:-(1) For Section 11 of the said Act, the following Section shall be substituted, namely:-[11. Enquiry and award by Collector:- On the day so fixed, or on any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections, if any, which any person interested has stated pursuant to a notice given under Section 9 to the measurements made under Section 8 into the market value of the land on the 1/07/1953 and the vlaue of any improvements to the land effected after the date and before the date of the publication of the notification under sub-section (1) of Section 4 into the value of the land at the date of the publication of the notification under sub-section (1) of Section 4 and into the respective interests of the persons claiming the compensation and shall make an award under his hand of- (i) the true area of the land;(ii) the compensation which in his opinion should be allowed for the land; and(iii) the apprtionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him;(ii) after sub-clause (ii) of Clause (b) of sub-section (2) of Section 17 of the said Act, as amended by the Land Acquisition (Andhra Pradesh Amendment) Act, 1948 (Act XXI of 1948), the following shall be added, namely:-or(iii) for any prupose connected with the Nagarjunasagar Project in the area to which the Nagarjunasagar Project (Acquisition of Land) Act, 1956, extends;(iii) In sub-section (1) of Section 23 of the said Act, for clause first, the following clauses shall be substituted, namely:-[first the market-value of the land on the 1/07/1953 and the value of any improvements to the land effected after that date and before the date of the publication of the notification under sub-section (1) of Section 4 or the market-value of the land on the date of the publication of the said notification, whichever is less;]Explanation:- The Government may, on the request of the landlowner, agree to give in exchange any Government land the cost of which is, in their opinion, equal to the cost of the land acquired, or agree to pay the cost of a portion of the land acquired and for the remaining portion give Government land the cost of which is in their opinion equal to the amount due.""3-A. Application of Central Act I of 1894 for acquisition of lands in certain project areas:- (1) In this Section,-(a) 'Central Act' means the Land Acquisition Act, 1894 (Central Act 1 of 1894), with the subsequent statutory modifications thereto as in force at the commencement of this Act in the territories of the State of the Andhra Pradesh which, immediately before the 1/11/1956 were comprised in the State of Andhra;(b) 'Hyderabad Act' means the Land Acquisition Act (Hyderabad Act IX of 1309 F).(2) Notwithstanding anything contained in sub-section (2) of Section 1 of the Central Act and in Section 1 of the Hyderabad Act as amended by Section 3 hall, and the Hyderabad Act shall not, apply to the acquisition of lands for poject purposes in the districts of Nalgonda and Khammam."

(2.) The constitutionality of the said Act came up for consideration before a Division Bench of this Court in V. Lakshminarayana v. State, AIR 1972 Andh Pra 19. The Division Bench held that the said Act is intra vires Articles 14, 19, 31 and 31 (2) of the Constitution of India as acquisitions were being made for public purpose.

(3.) Subsequently again in K. Rangaiah v. State, AIR 1980 Andh Pra 165 the matter came up for consideration and Kappu Swamy, J. speaking for the Division Bench, on the basis of a decision of the Apex Court in D.G. Mahajan v. State of Maharashtra, AIR 1977 SC 915 held thus :