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2006 Supreme(Ker) 873

K.HEMA
Annie Varghese – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

K. Hema, J.

1. Petitioners jointly own a rubber plantation, having an extent of 36.60 acres equivalent to 14.82 hectares in Kunnamthanam Village. For the purpose of Industries Growth Centre, the Special Tahsildar issued a notification under S.4(1) of the Land Acquisition Act ('the Act', for short) on 18/06/1994. The said notification was published on 14/06/1994 and on 18/06/1994 in two Malayalam dailies. Public notice was also issued in the locality on 15/06/1995. Declaration under S.6 of the Act was published in the Gazette dated 15/05/1996 and in two dailies dated 09/06/1996 and 14/06/1996. The date of publication of declaration is thus 14/06/1996, being the last of the dates of such publication, as per S.6(2) of the Act.

2. On publication of the declaration, petitioners challenged the declaration in OP No. 6143 of 1998 on the ground that it was issued after one year from the date of publication of notification under S.4(1) of the Act and hence it is violative of proviso to S.6(1) of the Act. Copy of the original petition is Ext. P1. This Court passed an order of interim stay of all proceedings pursuant to S.4(1) notification as per order dated 27/03/1998. The interim stay



























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