RANGANATH MISRA, G.L.OZA
Kanthimathy Plantation Private LTD. – Appellant
Versus
State Of Kerala – Respondent
Judgment
RANGANATH MISRA, J. :- Special leave granted.
The short point for consideration in this appeal directed against the judgment of the Kerala High Court dated 8-12-1988 in a writ petition under Art. 226 of the Constitution is whether in the absence of a specific provision in Central Act 68 of 1984 amending the Land Acquisition Act, 1 of 1894, the acquisition proceedings taken under the Kerala Land Acquisition Act of 1961, Act 21 of 1962, can be continued under the Land Acquisition Act of 1894.
2. The preliminary notification of acquisition had been made on 6-5-1980 under Section 3(1) of the Kerala Act, corresponding to Section 4(1) of the Act of 1894. Declaration under Section 6 was published on 2-6-1981. Further proceeding in the acquisition matter was held up on account of a challenge before the High Court by way of a writ petition to the declaration. On 14-8-1984, the writ petition was dismissed. The petitioner has conceded that the Land Acquisition Act of 1894 was extended to the State when the Amending Act of 1984 was brought into force. On 10th of April, 1985, the Land Acquisition Officer issued notice for making of the award. The High Court was again approached for quashi
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