NAIDU A. S. Vs. STATE OF TAMIL NADU
SUPREME COURT OF INDIA
Naidu A. S.
STATE OF TAMIL NADU
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(1.)THE special leave petitions are restored. We find that in the main matter notice had already been issued to the State of Tamil Nadu and there is appearance through
counsel. Heard counsel for both sides and with their consent the matters are disposed
of at the SLP stage.
(2.)NOTICE under S.4(1) of the Land Acquisition Act was issued on 12-11-1975 and the declaration under S.6 was made on 10-11-1978. The High Court on the basis of a writ
petition of the petitioners quashed the declaration under S.6 by its order dated
8-1-1988 leaving the preliminary notification intact.
The State has not challenged the order of the High Court and the landowners are the petitioners before this Court. The short question raised is that the Tamil Nadu
Amendment to the Land Acquisition Act which came into force in 1967 required the
declaration to be made within three years from the date of the preliminary notification.
(3.)ON the date the declaration was made there were hardly two days left for completion of three years and after the High Court order on 8-1-1988, the period has
already lapsed but no declaration has been published and the same can no longer be
made on the basis of preliminary notification at present. In the absence of challenge by
the State, the order of the High Court against it has become final.
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