TMI Blog1995 (8) TMI 307X X X X Extracts X X X X X X X X Extracts X X X X ..... Nadu Gazette dated 8.9.1982. Thereafter the respondent-Government issued a declaration dated 19.12.1983 under Section 6 of the Land Acquisition Act acquiring the said land for the public purpose of providing a road, drainage and water facilities. The Notification was published in Tamil Nadu Gazette dated 15th of February, 1984. On 13.8.1984, the appellant was also served with notices under Sections 9 and 10 of the Land Acquisition Act. Pursuant thereto, the appellant submitted a claim for compensation. No award, however, was made thereafter till April 1987. In April 1987, the appellant filed a writ petition before the High Court of Madras being Writ Petition No.4836 of 1987 challenging the said acquisition proceedings. On 12th of May, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore us by the respondents. It is urged before us by the appellant that the subsequent directions which have been given by the High Court are in clear conflict with the proviso to Section 6 of the Land Acquisition Act, 1894. The appellant had also preferred a revision petition before the Madras High Court on the basis of the proviso to Section 6 of the Land Acquisition Act, 1894. The revision petition, however, was dismissed. Whereupon the appellant has come before this Court. The relevant provisions of Section 6 of the Land Acquisition Act, 1894 after its amendment by Act 64 of 1984 are as follows: 6(1) :...................when the appropriate Government is satisfied, after considering the report, if any, made under Section 5-A, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Amendment and Validation) Ordinance, 1967. In view of the above proviso the delaration cannot be made under Section 6 in respect of any land covered by the said Notification after the expiry of three years from the date of the publication of the said Notification. In the present case Section 4(1) Notification was published in the Tamil Nadu Government Gazette dated 8.9.1982. Undoubtedly, the Notification under Section 6, dated 19.12.1983 has been made and published in the Tamil Nadu Gazette within the period of three years prescribed under the proviso. This declaration, however, has been quashed in the present proceedings. The question is whether a fresh declaration under Section 6 of the said Act can be made in respect of any land notifie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otification dated 24.8.1982. Even this stay is beyond the period of three years from the date of publication of the said Notification under Section 4(1) in the Tamil Nadu Gazette -- the date being 8.9.1982. The respondents further drew our attention to an order of stay dated 27.10.1987 granted by the Minister for Local Administration on a petition which was filed by the adjoining land owner before the Government. Such a stay, however, cannot be taken into account for the purposes of Explanation 1 since Explanation 1 requires that the order of stay should be passed by a court. In any event a stay in respect of proceedings pertaining to an adjacent land cannot be availed of by the respondents in calculating the period of three years wihin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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