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.