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Issues involved: Challenge to declaration under Section 6 of Land Acquisition Act based on time limit set by Tamil Nadu Amendment.
Summary: The Supreme Court restored the special leave petitions and noted that notice had been issued to the State of Tamil Nadu with appearances through counsel. The High Court had quashed the declaration under Section 6 of the Land Acquisition Act, while leaving the preliminary notification intact, based on a writ petition. The State did not challenge the High Court's order, and the landowners were the petitioners before the Supreme Court. The key issue raised was the time limit set by the Tamil Nadu Amendment to the Land Acquisition Act, requiring the declaration to be made within three years from the date of the preliminary notification. The declaration under Section 6 was made with only two days left before the completion of three years, and after the High Court's order, the time had lapsed without the declaration being published. The Supreme Court observed that in the absence of a challenge by the State, the High Court's order had become final against it. Consequently, the Court held that the State could no longer make the requisite declaration under Section 6 of the Act. While quashing the acquisition, the Court clarified that the State Government could still exercise its power of eminent domain if it believed the acquisition was necessary in the public interest. The State was given the option to issue a fresh preliminary notification if deemed appropriate. The special leave petitions were disposed of with no costs incurred.
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