JAYARAMAN ANANTHALAKSHMI Vs. GOVT OF A P

JUDGEMENT

(1.) This acquisition under Section 4 (1) notification is challenged on the ground that Section 6 declaration, if published beyond 3 years from the date of 4(1) notification, and which now under the Amending Act, will render the very Section 4(1) Notification void. The facts leading to this petition are : Section 4(1) and Section 6 along with Section 5-A notification was simultaneously issued on 15-3-79 and that is challenged by the writ petitioners herein in the year 1985 on the ground that Section 6 declaration being simultaneous with Section 4 (1) notification is bad; no possession of the land has been taken over as yet and Section 6 declaration which has now to be set aside, or then thereafter if it is published, it will be beyond three years from the date of Section 4(1) notification,

(2.) The petitioners happened to be the vendees from the original vendors in the year 1984. In fact this acquisition was earlier challenged by some other owners by filing writ petitions in this Court challenging the validity of Section 4(1) notification. Pending that writ petition, stay was granted by this Court in the year 1979 itself, that stay admittedly was confined in so far as the writ petitioners in that case was concerned, though the writ petition was dismissed but writ appeal against that is said to be pending.

(3.) The main contention of Sri S. Parvatha Rao, the learned counsel for the petitioner is that by virtue of the Amended Act which came into being in the year 1967, Section 6 declaration, which is admittedly in this case was simultaneous with Section 4(1) notification in the year 1979, must be held to be bad and then any declaration thereafter must be within three years in regard to all those cases wherein Section 4(1) notification was published anterior to that Amending Act Reliance was placed on a couple of decisions, viz., G S T Corporation V. Valji Mulji (1) AIR 1980 SC 64 and A. N P. S Co-operative House Building Society Ltd. vs.K.Balarami Reddy (2). AIR 1984 A.P 333.