SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1997 Supreme(SC) 438

G.T.NANAVATI, K.RAMASWAMY
Kandenkutty – Appellant
Versus
State Of Kerala – Respondent


ORDER

This special leave petition arises from the judgment of the Division Bench of the Kerala High Court, made on February 9, 1996, in O.P. No. 5382/83.

2. The admitted position is that Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, the "Act"), which is pari materia with Section 3 of the Kerala Land Acquisition Act, was published on January 10, 1981. The petitioner had initially challenged the scheme in O.P. No. 2436/82 which was dismissed and was confirmed in Writ Appeal No. 223/82, dated April 23, 1982. The petitioner filed another writ petition in the year 1993 and got the further proceedings stayed. The same has been dismissed by the High Court by the impugned order. Thus this special leave.

3. It is contended for the petitioner that when a notification under Section 48 of the Act withdrawing the earlier notification in respect of some of the lands was issued, the integrality of the notification stood disturbed and, therefore, the acquisition has become bad in law. In support thereof, Shri Sukumaran, learned senior counsel, sought to place reliance on the judgments of Andhra Pradesh High Court and Kerala High Court which are inconsistent with eac






Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top