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2022 Supreme(SC) 364

DINESH MAHESHWARI, VIKRAM NATH
KALYANI (DEAD) THROUGH LRS. – Appellant
Versus
SULTHAN BATHERY MUNICIPALITY – Respondent


Advocates appeared:
For the Petitioner(s):P.N. Ravindran, P. S. Sudheer, Rishi Maheshwari, Anne Mathew, Shruti Jose, Advocates
For the Respondent(s):Rajesh P., Nishe Rajen Shonker, Anu K. Joy, Alim Anvar, Advocates

JUDGMENT

VIKRAM NATH, J.

Leave granted.

2. Appellants - eight in number, have assailed the correctness of Judgment and Order dated 12.09.2018 passed by the Division Bench of the High Court of Kerala at Ernakulam in W.A. No. 2108 of 2016 between Sulthan Bathery Municipality vs. Kalyani and 12 others, whereby the judgment of the Single Judge was set aside and the writ petition filed by the appellants was dismissed.

3. The relevant facts giving rise to the present appeal are that the appellants are the owners of the land in dispute measuring 1.7078 hectares. The land is situate within the territorial limits of Respondent No.1, Sulthan Bhathery Grama Panchayat (hereinafter referred to as the “Panchayat”), later on declared a Municipality. The Panchayat requested the appellants to utilize their land for construction/widening of Sulthan Batheri Bypass Road. The appellants were assured that they would be given adequate compensation for their land utilized for the said purpose. According to the appellants, they gave their land on the assurance that they would be given compensation.

4. The road was constructed but no compensation was paid. The appellants made various representations starting fro


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