P. K. Sreekantan vs P. Sree-kumaran Nair

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2006 Supreme(SC) 1227

P. K. Sreekantan – Appellant
Versus
P. Sree-kumaran Nair – Respondent

Advocates Appeared:
S. V. Rajan and K. Rajeev, Advocates, for Appellants; T.L.V. Iyer, Sr. Advocate, Subramonium Prasad, Gopala Krishnan, Karun Mehta and G. Prakash, Advocates with him, for Respondents.

Judgement

DR. ARIJIT PASAYAT, J. :- Leave granted.

2. Challenge in this appeal is to the judgment of the Division Bench of the Kerala High Court allowing the appeal filed by the respondent Nos. 1 and 2 while dismissing the appeal filed by the appellants and the State.

3. Background facts in a nutshell are as follows:

An extent of 2.81.20 Hectares of land comprised in Survey No.1780/1, 1780/4, 1780/9, 1781/1,8,9, 1889/1,2 of the Kadakampally Village was acquired for the purpose of establishment of E.E.C. market at Anayara. Notification under Section 4(1) of the Land Acquisition Act, 1894 (in short the Act) was published on 29.5.1992. The possession of the land was taken on 23.7.1992 and an award was passed on 13.7.1992 fixing a total compensation of Rs.45,08,111/-. Dissatisfied with the compensation awarded, applications were filed before the Land Acquisition Officer for referring the matter for adjudication to the Reference Court.

4-5. The District Collector by his letter dated 18.7.1994 forwarded the relevant records in respect of the matter for determination under Section 18 of the Act. Along with the said letter, the names and addresses of the interested parties, who had filed the re