NAIDU A. S. Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE special leave petitions are restored. We find that in the main matter notice had already been issued to the State of Tamil Nadu and there is appearance through counsel. Heard counsel for both sides and with their consent the matters are disposed of at the SLP stage.

(2.) NOTICE under S.4(1) of the Land Acquisition Act was issued on 12-11-1975 and the declaration under S.6 was made on 10-11-1978. The High Court on the basis of a writ petition of the petitioners quashed the declaration under S.6 by its order dated 8-1-1988 leaving the preliminary notification intact.

(3.) ON the date the declaration was made there were hardly two days left for completion of three years and after the High Court order on 8-1-1988, the period has already lapsed but no declaration has been published and the same can no longer be made on the basis of preliminary notification at present. In the absence of challenge by the State, the order of the High Court against it has become final.