Niyam v2 is live — start for just ₹100 — 200 credits to try

september 1985

Supreme Court of India · 1985-09-30

C.K. NARAYANA CHARY vs POTHEPALLI ASHANNA & ORS.

Citation / case number
SC 1984/68368
Court
Supreme Court of India
Petitioner
C.K. NARAYANA CHARY
Respondent
POTHEPALLI ASHANNA & ORS.
Author
P.N. () BHAGWATI
Bench
P.N. (CJ) BHAGWATI

Judgment text excerpt

The Supreme Court held that under Section 4(1) of the Land Acquisition Act, 1894, if public notice of the substance of a notification is not given within forty days of its publication in the Official Gazette, the notification is invalid. In this case, the notification was published on 18th October 1979, but public notice was only given on 18th December 1979, resulting in a time gap exceeding forty days. Consequently, the Court upheld the High Court's decision to quash the notification, as it did not consider the Land Acquisition (Andhra Pradesh Amendment and Validation) Act, 1983, which was enacted after the High Court's judgment but was not brought to its attention.

C.K. NARAYANA CHARY vs POTHEPALLI ASHANNA & ORS. · Niyam