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2017 Supreme(SC) 1400

A.K.SIKRI, R.K.AGRAWAL
Balakrishnan – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant :K. Radhakrishnan, Sr. Adv., Ms. Kiran Bhardwaj, Advocates.
For the Respondent:H.R. Rao, Ms. Niranjana Singh, Arijit Prasad, R.M. Bajaj, Mrs. Anil Katiyar, Advocates.

JUDGMENT :

A.K. Sikri, J.

Leave granted.

2. Heard the matter finally at this stage with the consent of the parties as it was fixed for final disposal.

3. The question of law that is raised in this appeal and squarely arises for consideration is the following:

"Whether, on the facts and circumstances of the case, the High Court was justified in denying the claim for exemption under Section 10(37) of the Income Tax Act, 1961 to the appellant?"

4. This question has arisen under the following circumstances:

5. The appellant was the owner of 27.70 Acres of land in Sy. No. 18.60 hectares of paddy field in Block No. 17 of Attippra village in Thiruvananthapuram District comprised in Sy. No. 293/8. This was agricultural land. The appellant was using the same to grow paddy.

6. The Government of Kerala sought to acquire the aforesaid property of the appellant for the public purpose namely, 3rd phase of development of Techno Park'. For this purpose, Notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the 'LA Act') was issued on 01.10.2005. An opportunity was given to the appellant to file his objections, if any, under Section 5A of the LA Act. Record does not











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