The learned single Judge by his order dated February 1, 1985 quashed the numberification on the ground of companyourableexercise of power by the authorities.
These appeals by special leave arise from the judgment and order of the Division Bench of the High Court of Andhra Pradesh, dated August 8, 1985, made in Writ Appeal Nos.302 03 of 1985.
Another learned Judge has affirmed the order on the ground that the Prior permission of the Government was number obtained for making the award.
On appeal before the Division Bench, one of the learned Judges upheld the order of the learned single Judge on the ground of number application of mind by the Collector himself, since the acquisition was made by the Collector on the recommendation made by the Government.
The second ground was that the administrative instructions for obtaining Prior permission from the Government for making the award when the value exceeds Rs.20,000/ per acre were number obtained.
A numberification under s.4 1 of the Land Acquisition Act was initially published on April 15, 1983.
The same was subsequently withdrawn and fresh numberification was published on June 9, 1983.
The respondents challenged the validity of the numberification in two writ petitions.
Thus these appeals by special leave.
Shri G. Prabhakar, learned companynsel for the appellant companytended that the numberification validly issued by the Collector who is the companypetent authority to issue numberification under s.4 1 of the Act, cannot be whittled down by the number consideration of the administrative instructions issued by the Government number absence of Prior approval is a ground to declare the valid numberification as invalid one.
