C.K. NARAYANA CHARY versus POTHEPALLI ASHANNA & ORS.

C.K. NARAYANA CHARY versus POTHEPALLI ASHANNA & ORS.

Absence of material showing a different date for public notice; the High Court was justified in concluding public notice was given on 18th December, 1979, more than forty days after publication in the Official Gazette, rendering the notification invalid under the amended Act.

Parties
Appellant: C.K. Narayan Chary; Respondent: Pothepalli Ashanna
Jurisdiction
India
Judgment Date
30 September 1985
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Andhra Pradesh High Court, Review Petition Dismissed
Outcome
Appeal dismissed
Legal Topics
Notification Issuance, Public Notice Requirements, Retrospective Effect of Amendments
Land Acquisition Notification Issuance Public Notice Requirements Retrospective Effect of Amendments

Case Brief

Summary, issues, holding and outcome

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Parties

C.K. Narayan Chary

Appellant

Pothepalli Ashanna

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Andhra Pradesh High Court, Review Petition Dismissed

Legal Issues

  1. 1 Whether public notice of the substance of a notification under section 4(1) of the Land Acquisition Act, 1894, as amended by Andhra Pradesh Act, must be given within 40 days and consequences of failure

Ratio Decidendi

Absence of material showing a different date for public notice; the High Court was justified in concluding public notice was given on 18th December, 1979, more than forty days after publication in the Official Gazette, rendering the notification invalid under the amended Act.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs throughout