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2002 Supreme(SC) 349

S.P.BHARUCHA, RUMA PAL, ARIJIT PASAYAT, N.S.HEGDE, R.C.LAHOTI
PADMASUNDARA RAO – Appellant
Versus
State Of T. N. – Respondent


Judgment

ARIJIT PASAYAT, J.

( 1 ) NOTICING cleavage in views expressed in several decisions rendered by Benches of three learned Judges, two learned Judges referred the matter to a Bench of three Judges, and by order dated 30-10-2001 the matter was directed to be placed before a Constitution Bench, and that is how the matter is before us in C. A. No. 2226/1997. Special Leave Petition C. No. 12806/2000 was directed to be heard along with Civil Appeal.

( 2 ) LEAVE granted in SLP C. No. 12806/2000.

( 3 ) THE controversy involved lies within a very narrow compass, that is whether after quashing of Notification under S. 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the act) fresh period of one year is available to the State Government to issue another Notification under S. 6. In the case at hand such a Notification issued under S. 6 was questioned before the Madras High Court which relied on the decision of a three-Judge Bench in N. Narasimhaiah and others v. State of Karnataka and others etc. (1996 (3) SCC 88) and held that the same was validly issued.

( 4 ) LEARNED counsel for the appellants placed reliance on an unreported decision of this Court in A. S. Naidu and ot













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