GOVERNMENT OF ANDHRA PRADESH Vs. P NAGAYAMMA

JUDGEMENT

(1.) This appeal has been preferred against the Order dated 21-7-1995 passed by a learned Single Judge of this Court in W.P.No. 17622 of 1994.

(2.) A land of Acs. 15.00 cts. covered by Survey No. 1/2 of Kancharapalem village, Visakhapatnam District was acquired for public purpose i.e., for construction of staff quarters by the Port Trust and on requisition, acquisition proceedings were initiated and a draft notification under Section 4(1) of the Land Acquisition Act, 1894 was gazetted on 12-10-1982. As no award was passed. W.P.No. 771 of 1990 was filed before this Court seeking a Mandamus to issue directions to pass the award and accordingly, such directions were issued. Against the order of the learned Single Judge, Writ Appeal No. 672 of 1994 was filed. But, the Division Bench confirmed the orders passed by the learned Single Judge. Aggrieved by the orders of the Division Bench in W.A.No, 672 of 1994, the State had filed an appeal before the Supreme Court in S.L.P.No. 19739 of 1994, but the same was also dismissed. Thus the directions given by the learned. Single Judge in W.P.No. 771 of 1990 to pass the award and to pay the compensation had become final.

(3.) By amendment of Act 68 of 1984, which came into force with effect from 24-9-1984, Section 11-A was incorporated in the Land Acquisition Act, 1894, obligating the Land Acquisition Officer to pass the award within two years of the draft declaration under Section 6(1) of the said Act, setting the consequences of such default. The consequence is that, the notification under Section 4(1) of the said Act gets lapsed obligating the State to publish fresh notification again under Section 4(1) and this provision has been made keeping in view the rising prices and to check the arbitrary exercise of power of the Government in keeping the matters pending without passing award.