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2018 Supreme(SC) 950

MADAN B.LOKUR, DEEPAK GUPTA
E. A. ABOOBACKER – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

Deepak Gupta, J.

1. The short question which arises in these appeals is whether the Special Tahsildar (Land Acquisition), Cochin Refineries Limited, Ernakulam, Vytilla, Cochin-19 [hereinafter referred to as “the Special Tahsildar (LA), K.R.L.”] was empowered to act as Collector under the Land Acquisition Act, 1894 (hereinafter referred to as “the Act”), in respect of lands acquired by the State for an Infopark.

2. On 05.12.2005, the Government of Kerala accorded administrative sanction to acquire 177.79 acres of land in Ernakulam district for the purpose of the Infopark. The Government also accorded sanction to invoke the urgency clause under Section 17(1) of the Act. Thereafter, on 15.12.2005, the District Collector, Ernakulam issued a Government Order appointing the Special Tahsildar (LA), K.R.L. as the Land Acquisition Officer for the acquisition of land for the Infopark. Thereafter, a notification was issued under Section 4(1) of the Act. In the said notification, it is mentioned that in view of the order of the Government, application of Section 5(A) of the Act has been exempted by invoking the powers under Section 17(4) of the Act. According to the appellants 23.92 a
























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