- (1.) These two Civil by special leave are directed against the common judgment of the High court of Judicature at A. P. dated 28/4/1989.
(2.) The relevant facts for disposal of these appeals are: That land measuring 9.87 cents comprising various survey numbers of Anantapur town was sought to be acquired by the government at the request of the A. P. State Road Transport Corporation (hereinafter "the Corporation") for purposes of constructing a bus-stand at Anantapur. The notification under Section 4 (1 of the Land Acquisition Act, 1894 (hereinafter "the Act") was published on 31/5/1979. Simultaneously, declaration under Section 6 of the Act was also published and emergencyprovisions under Section 17 (4 of the Act were invoked and the enquiry under Section 5-A of the Act was dispensed with. It appears, that some of the landowners challenged the acquisition proceedings through Writ Petitions Nos. 9801 of 1983 and 8133 of 1985 in respect of Survey Nos. 2067/4a, 2071/ia and 151/ib. The thrust of the challenge was that the substance of the notification which was required to be published at a public place as required by law had not been published. Writ Petition No. 9801 of 1983 was allowed on 18/10/1985 while Writ Petition No. 8133 of 1985 was allowed by the learned Single Judge on 12/3/1986.
(3.) The notification which was the subject-matter of challenge in the two writ petitions was quashed in respect of survey numbers detailed in each one of the two writ petitions. Insofar as the appellants herein are concerned, they were not parties to either of the writ petitions. A notice under Section 9 of the Act was issued on 17/3/1987 and was served on the appellants on 23/3/1987. All the appellants filed objections to the notice on 3/4/1987 before the Land Acquisition Officer claiming enhanced compensation at the rate of Rs. 250. 00 per sq. feet. Award enquiry was held in which admittedly all the appellants participated. The award enquiry was completed on 5/4/1987 on 10/4/1987 the Land Acquisition Collector made his award fixing the market value of the land in question at the rate of Rs. 33,000. 00 per acre. Aggrieved, the appellants filed writ petitions in the High court on 14/4/1987. In the writ petitions the main submission was that since the notification issued under Section 4 of the Act had been quashed in Writ Petitions Nos. 9801 of 1983 and 8133 of 1985, the notice issued under Section 9 of the Act was invalid and as such all further proceedings were also void. Counter was filed in the High court by the Corporation wherein it was stated that the Corporation had taken possession of the land soon after the notification under Section 4 (1 and the declaration under Section 6 of the Act had been published and that it had since constructed buildings and structures on the land and that the bus-stand was already functioning. It was also averred that the bus-stand in question was the only bus-stand in the area and that its construction was for public purpose. The Corporation submitted that it had spent a huge amount for the construction of the bus-stand which was being used by hundreds of buses every day.;