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2005 Supreme(Ker) 438

K.S.RADHAKRISHNAN, RAJEEV GUPTA
Messrs Puravankara Projects Limited – Appellant
Versus
Messrs. Hotel Venus International, Represented by the Sole Proprietor K. Venugopalan Nair – Respondent


Judgment :-

Radhakrishnan, J.

The legal impact of Section 81 (3)(b) of the Kerala Land Reforms Act, 1963 on the underlying contract between the parties, is the question that has come up for consideration in these cases.

2. Government of Kerala by its order dated 27.7.2000 had accorded sanction for the Vypin Bridges Project to Goshree Islands Development Authority at a cost of Rs.84 crores as a self financing scheme. Construction work including reclamation of 25 hectares of kayal land in Marine Drive was entrusted with the Cochin Port Trust and Goshree Islands Development Authority (for short GIDA) and GIDA will have to pay the cost of reclamation to Cochin Port trust by selling the land reclaimed. State Government as per order dated 22.08.2001 had accorded sanction to assign 25 hectares of kayal puramboke land comprised in survey No.843 of Ernakulam village to GIDA for Vypin Bridges Project subject to the rules governing assignment of land in Municipal Corporation area without realizing the land value. Tripartite agreement between Cochin Port Trust, GIDA and Government in the Local Self Government Department was executed on 21.4.2002. Clause 9 of the agreement provides for permitting
































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