RAMASWAMI, GOKULAKRISHNAN, NATARAJAN, VENUGOPAL
K. Chinnathambi Gounder – Appellant
Versus
Govt. of T. N. – Respondent
NATARAJAN, J. :- The question referred to the Full Bench is whether the fundamental principles actus curiae neminem gravabit (an act of a Court shall prejudice no man) and actus legis nemini est damnosus (an act in law small prejudice no man) will have application in construing the time-limit prescribed in the first previso to S.6(1) of the Land Acquisition Act, 1894, limiting thereunder the period for declaration to three years from the date of the notification under S.4(1) of the Land Acquisition Act (hereinafter referred to as the Act).
2. For an appreciation of the question, it is necessary to set out the facts of the case On 25th June, 1969, a notification under S.4(1) of the Act was made by the second respondent herein notifying the intention of the Government to acquire a certain extent of land in Nanjanapuram village, Erode taluk, Coimbatore district, comprised in the Survey Numbers mentioned in the notification, for the purpose of providing house sites to Harijans. Among the items of land notified was, an extent of 1.17 acres in Survey No. 48/1 belonging to the petitioners herein. The enquiry under S.5-A of the Act was held on 10th February, 1970 and then followed
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