MOHAMMED LAYAK AHMED ALI Vs. DISTRICT COLLECTOR KARUNNAGAR DIST
LAWS(APH)-1992-2-23
HIGH COURT OF ANDHRA PRADESH
Decided on February 03,1992

MOHAMMED LAYAK AHMED ALI Appellant
VERSUS
DISTRICT COLLECTOR KARUNNAGAR DIST. Respondents

JUDGEMENT

- (1.)This is a writ petition filed seeking issuance of mandamus directing the respondents to pay 80 % of the compensation in terms of section 17 (3-A) of the Land Acquisition Act to the petition ners consequent upon acquisition of their lands admeasuring Ac. 4-18 guntas in Mandepally village Sirisilla mandal of Karimnagar District.
(2.)The brief facts relevant for disposal of the present writ petition are : In an earlier round of the proceedings pursuant to the issuance of section 4(1) notification in respect of the lands in question section 5-A inquiryfwas conducted and ultimately possession oi the lands was taken on 2-4-1987. Those proceedings happened to be lapsed by 25-3-1989 in view of section 11-A of the Land Acquisition Act. Therefore a fresh notification under section 4 (1) was issued on 9-1-1990 after invoking the urgency clause under section 17 (4) and dispensing with the inquiry under section 5-A of the Act. However no award has been passed till the date of filing of the writ petition nor the 80% of compensation envisaged by section 17 (3-A) was paid to the petitioners. Hence this writ petition.
(3.)The main contention of the learned Government Pleader is that Section 17 (3-A) is not attracted in this case inasmuch as possession of the lands was not taken in the present proceedings and that the possesion taken in the earlier round of proceedings does not enure to the benefit of the current proceedings.
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