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february 1998

Supreme Court of India · 1998-02-12

STATE OF KERALA vs ANTONY FERNANDEZ

Citation / case number
SC 1997/4585
Court
Supreme Court of India
Petitioner
STATE OF KERALA
Respondent
ANTONY FERNANDEZ
Author
M. JAGANNADHA RAO S.B.MJMUDAR
Bench
M. JAGANNADHA RAO S.B.MJMUDAR

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing the notification under Section 6 of the Land Acquisition Act, as the issuance was within the one-year limit when accounting for the stay period due to a prior writ petition. The Court clarified that the time from the High Court's order on 2nd July 1993 until the final decision on objections on 19th January 1994 should be excluded under Explanation I to Section 6. Consequently, the Court upheld the validity of the Section 6 notification, allowing the appeal.

STATE OF KERALA vs ANTONY FERNANDEZ · Niyam