N. KRISHNAMACHARI versus THE MANAGING DIRECTOR APSRTC, HYDERABAD AND ORS.

N. KRISHNAMACHARI versus THE MANAGING DIRECTOR APSRTC, HYDERABAD AND ORS.

APSRTC, as the beneficiary of the land acquisition, qualifies as a 'person interested' under section 3(b) of the Land Acquisition Act; thus entitled to support the impugned notification under section 4(1) in challenge proceedings. Any prior contrary Supreme Court finding (Ahmedabad Municipal Corporation case) is not good law on this point due to omission of relevant legislative provisions. Declaration made under section 6 was quashed since it was issued after proceedings had been stayed; sustaining notification under s.4(1) was proper.

Parties
Petitioner: N. Krishnamachari; Respondents: The Managing Director APSRTC, Hyderabad and Ors.
Jurisdiction
India
Judgment Date
12 August 1994
Procedural Posture
Special Leave Petition (civil) / Supreme Court Appellate Stage, SLP Against High Court Review Order
Outcome
Petition dismissed.
Legal Topics
Locus Standi of Beneficiary, Persons Interested Under Land Acquisition Act, Quashing of Land Acquisition Declaration, Support of Validity of Notification, Review Proceedings in Land Acquisition Cases
Land Acquisition Locus Standi of Beneficiary Persons Interested Under Land Acquisition Act Quashing of Land Acquisition Declaration Support of Validity of Notification Review Proceedings in Land Acquisition Cases

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Parties

N. Krishnamachari

Petitioner

The Managing Director APSRTC, Hyderabad and Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Supreme Court Appellate Stage, SLP Against High Court Review Order

Legal Issues

  1. 1 Whether the beneficiary of land acquisition (APSRTC) is a 'person interested' with locus standi to be impleaded as a necessary party.
  2. 2 Whether the High Court was correct in quashing only the declaration under section 6 and sustaining the notification under section 4(1) of the Land Acquisition Act.

Ratio Decidendi

APSRTC, as the beneficiary of the land acquisition, qualifies as a 'person interested' under section 3(b) of the Land Acquisition Act; thus entitled to support the impugned notification under section 4(1) in challenge proceedings. Any prior contrary Supreme Court finding (Ahmedabad Municipal Corporation case) is not good law on this point due to omission of relevant legislative provisions. Declaration made under section 6 was quashed since it was issued after proceedings had been stayed; sustaining notification under s.4(1) was proper.

Court Disposition

Petition dismissed.

Orders

  • Special Leave Petition is dismissed with clarification.
  • No opinion expressed regarding subsequent negotiations for lesser acquisition; petitioner is at liberty to negotiate with Corporation/Government.