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
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