Padma Sundara Rao v.

State
of Tami Nadu (2002) 3 SCC
533
• Section 6 of the Land Acquisition Act, 1894.
Facts
• In this case the notification issued under section 6 was questioned
before the Madras High Court which relying upon the decision in N.
Narsimaiah v, state of Karnataka (1996) 3 SCC 88 held that same was
validly issued.
Issue
• Whether after quashing of notification under sec.6 of the Land
Acquisition Act, 1894 fresh period of one year is available to the state
government to issue another notification under section 6?
Observation
• 1)-While interpreting a provision the court only interprets the law and
cannot legislate it. 
• 2)-The legislative casus missus cannot be supplied by judicial
interpretative process.
Conclusion
• The declaration under section 6 could not be issued after the time
provided for it and the notification issued by the Tamil Nadu
Government
• was invalid.
• The Court held that the view expressed in Narasimhaiah case and
Nanjudaiah case is not correct and is overruled while that expressed
in A.S Naidu and oxford case is affirmed