N. S. HEGDE, S. P. BHARUCHA, R. C. LAHOTI, ARIJIT PASAYAT, RUMA PAL
Padmasundara Rao – Appellant
Versus
State Of T. N. – Respondent
JUDGMENT
Arijit Pasayat, J.-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 Section 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 Section 6. In the case at hand such a Notification issued under Section 6 was questioned before the Madras High Court which relied on the decision of a three-Judge Bench in N. Narasimhaiah and Ors. v. State of Karnataka and Ors. etc. [1996(3) SCC 88] and held that the same was validly issued.
4. Learned counsel for the appellants placed reliance on an un-reported decision of this Court in A.S. Naidu and Ors. et
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