M/S NATESAN AGENCIES (PLANTATIONS) v. STATE
Case at a glance
Provisions considered
- Land Acquisition Act
- Limitation Act, 1963 s. 14
- Wild Life (Protection) Act, 1972
- Wildlife Protection Act, 1972
- Land Acquisition Act, 1894
- Constitution of India art. 226
- Wild Life Protection Act
- Code of Civil Procedure, 1908 s. 80
- Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 s. 34
- Tamil Nadu Act s. 34
Judgment
totally missing. Rather, the matter in issue in the earlier proceeding could well be contradistinguished from the matter in issue in the present suit. In the said earlier proceeding, the plaintiff-appellant joined the Mutt to assert that the respondent- State was not entitled to exclude the land in question from sanctuary; and that the State ought to take the land and ought to pay compensation as proposed by some of its officers. On the other hand, the claim in the present suit is founded on the ground that the plaintiff has suffered loss due to the proceedings under the Act of 1972 and then, due to exclusion of the subject land from acquisition. The relief claimed in the present suit and matter in issue herein cannot be said to be the same as had been in issue in the earlier proceeding i.e., the said writ petition against the exclusion order dated 19.11.1993. Apart from the fact that the earlier proceeding i.e., the said writ petition was for a different relief for quashing the exclusion order dated 19.11.1993, it is also pertinent that the said writ petition was dismissed on merit and not for want of jurisdiction. Applicability of Section 14 of the Limitation Act is totally ruled out in this case. [Para 21.5] [551-D-H; 552-A] Thiru John v. Returning Officer & Ors. (1977) 3 SCC 540 : [1977] 3 SCR 538 ; Sushil Kumar v. Rakesh Kumar (2003) 8 SCC 673 : [2003] 4 Suppl. SCR 802 ; Standard Chartered Bank v. Andhra Bank Financial Services Ltd. & Ors. (2006) 6 SCC 94 : [2006] 2 Suppl. SCR 1 ; Union of India v. Hari Krishan Khosla (Dead) by LRs. (1993) Supp (2) SCC 149 : [1992] 1 Suppl. SCR 620 ; Kasturi Lal v. State of U.P. AIR 1965 SC 1039 : [1965] SCR 375 ; N. Nagendra Rao & Co. v. State of A.P. (1994) 6 SCC 205 : [1994] 3 Suppl. SCR 144 ; Union of India v. Sancheti Food Products Ltd. (2015) 15 SCC 447 ; Rameshwar Lal v. Municipal Council, Tonk & Ors. (1996) 6 SCC 100 : [1996] 5 Suppl. SCR 227 ; Union of India v. Shring Construction Co. (P) Ltd. (2006) 8 SCC 18 : [2006] 7 Suppl. SCR 273 ; State of A.P. v. Challa Ramkrishna Reddy & Ors. (2000) 5 SCC 712 : [2000] 3 SCR 644 – referred to. A B C D E F G H M/S NATESAN AGENCIES (PLANTATIONS) v. STATE REP. BY THE SEC. TO GOVT. ENVIRONMENT AND FORESTS DEPT. 513
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.