SINGARENI COLLERIES Vs. V S MURTHY

JUDGEMENT

(1.) As the two questions of law that arise for consideration arc common to all these writ appeals and petitions, the parties have invited us to hear and dispose them off together. In fact some of the counsel adopted the arguments addressed by the others in this regard.

(2.) Dealing with the case of compulsory acquisition of land under a notification dated 4-7-1968 issued under Sec. 4 (1) of the Land Acquisition Act in which the award was made on 6-7-1982 our learned' brother P. A, Choudary struck down Sec. 23 (1) of the Act in so far as it directs the determination of the compensation on the basil of the market value of the land as on the date of the publication of the notification under Sec. 4 (1) holding it to be ultra vires of second proviso of Art. 31-A (1) of the Constitution of India. The two qustions are :

(3.) Our learned brother. P. A. Choudary, J disposing of WP No. 6491/79, out of which W.A.Nos. 393/82 and 1085/82 arise, held that Sec. 23 (1) of the LAND ACQUISITION ACT, 1894 in so far as it directs the compensation to be determined as per the market value prevailing on the date of the notification published under Sec. 4 (1) of the Act to bo void as being ultra vires the second proviso to Article 31-A (1) of the Constitution and that in view of the second proviso to Article 31-A of the Constitution, the compensation has to be calculated as per the maket value prevailing on the date of payment of the compensation. In that view of the matter, he quashed the acquisition without going into the other questions arising in the writ petition.