U KOTI REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Common points are involved in all these writ petitions and therefore they could be disposed of by a common order.

(2.) The petitioners herein challenge the acquisition proceedings initiated under section 4 (1) of the Land Acquisition Act in respect of the land owned by them. Firstly it is contended that while determining the amount of compensation, the Land Acquisition Officer in the awards has taken into consideration the date of the notification as published in the newspapers on 25-3-1985 and not the dates on which the notifications were published in the gazette i.e. 15-10-1984, 15-10-1984 and 16-1-1985, and therefore it is opposed to the statutory provisions and consequently the Land Acquisition Officer must be directed to revise the award. The second point is that in so far as the additional amount as contemplated under section 23 (1-A) of the Act is concerned, it has not been awarded while excluding the period of stay granted in W.P. No. 14688/85 on 28-12-1985 upto 4-2-1987 and therefore the petitioners in the other two writ petitions are not affected by the stay and they are not entitled to the relief contemplated under Sec. 23 (1-A). Thirdly under section 34, the interest of 9% contemplated thereunder has not been awarded at all although possession of the land has been taken over.

(3.) In so far as the first contention is concerned, the learned Government Pleader sought to justify the awards based on the language employed in Section 4 (1) as amended by Act 68 of 1984. So the answer to this revolves round the language employed in this amended sub-section (1) of section 4 as to what is the date that has to be taken into consideration for the purpose of determining the amount of compensation under section 23(1) of the Act.