Padmasundara Rao (Decd.) & Ors. vs State Of Tamil Nadu & Ors.

Authority: Supreme Court Date: 2002-03-13 Acts: Land Acquisition Act, 1894; Land Acquisition (Amendment and Validation) Ordinance, 1967; Land Acquisition (Amendment and Validation) Act, 1967 (Act 13 of 1967); Land Acquisition (Amendment) Act, 1984 (Act 68 of 1984); Tamil Nadu Act 41 of 1980; Income Tax Act, 1961 Citation: (2002) 176 CTR (SC) 104 : (2002) 255 ITR 147 (SC) Justices: S.P. Bharucha, C.J.; R.C. Lahoti, N. Santosh Hedge, Mrs. Ruma Pal & Ar Appeal No: Civil Appeal Nos. 2226 of 1997 & 2058 of 2002
Whether after the quashing of a notification under section 6 of the Land Acquisition Act, 1894, a fresh period of one year is available to the State Government to issue another notification under section 6 --- Held No. The limitation period prescribed in the proviso to section 6(1) is peremptory and runs from the date of the original notification under section 4(1). Explanation 1 only excludes periods of court-ordered stay, and no fresh period is available upon quashing of a declaration.

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