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2006 Supreme(Ker) 588

V.K.BALI, M.RAMACHANDRAN
Sundaram – Appellant
Versus
Palakkad Municipality – Respondent


Judgment :-

V.K. Bail, C.J.

The case has rather a checkered history. It has its roots from a notification issued under S.4 of the Land Acquisition Act, 1894, hereinafter referred to as 'Act of 1894', on 7.1.1981. The land belonging to the appellant (petitioner in the original lis) and others was acquired for a public purpose, namely for construction of a Sports Stadium. The petitioner objected to the proposal of acquisition on variety of grounds, his primary objection being that his land was not required for stadium as large extent of land was available in and around the proposed area. The notification issued in 1981 was, however, not taken to its logical ends for long time and the petitioner in 1986 filed O.P.No.6498 of 1986 challenging the proposal to acquire his land. The Original Petition of the petitioner came up for hearing along with other connected matters and the same was dismissed vide order dated 9.2.1996. In the meanwhile, the notification under S.4 of the Act lapsed. The Government, however, issued a fresh notification on 4.11.1998. Aggrieved, the petitioner filed O.P.No. 10873 of 1999 reiterating the grounds taken by him while challenging the notification dated 7.1.198

















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