M VIJAYAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellant preferred the writ petition against the notification issued in G. O. Ms. No. 2065, Transport dated 18th April, 1990, by which the respondents made declaration under Section 6 of the Land Acquisition Act, 1894 in respect of the land measuring 0. 42 acres bearing Survey No. 263/2 situate in Melloor Village, Shencottah Taluk, Tirunelveli District. The main challenge was made on the ground that the Section 6 declaration was barred by limitation, as it has been issued beyond a period of one year from the date of publication of notification under Section 4 (1) of the Act. Having noticed the rival contentions, the learned single Judge was of the opinion that it was well within time, though delay of 17 days was suggested on behalf of the appellant/writ petitioner.

(2.) FOR deciding the issue, it is not only necessary to notice the relevant dates but also the relevant provisions of Land Acquisition Act, 1894 as mentioned hereunder.

(3.) SECTION 4 (1) stipulates the publication of preliminary notification in three different modes, as quoted hereunder:-