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2005 Supreme(Ker) 426

PIUS C.KURIAKOSE
S. Sisupalan – Appellant
Versus
State of Kerala Rep by its Secretary to Government – Respondent


Judgment :-

Petitioners in both these cases challenge the proceedings initiated for acquisition of land for the purposes of conversion of Kollam-Punalur meter-gauge railway line as broad-gauge. Petitioners in both the cases concede that notification under Section 4(1) of the Land Acquisition Act has been promulgated as per Ext.P1. The Petitioners have now received notices under Section 9(3) of the Act which are produced as Ext.P2 in these cases. The petitioners apprehend that in exercise of the emergency powers under Section 17(4) of the Act, they are going to be dispossessed of their properties immediately. According to them, in theses cases, the declaration under Section 6 of the Land Acquisition Act has not been made and they are not liable to be dispossessed till such time as declaration under Section 6 is promulgated.

2. When these Writ Petitions came up for admission, I granted stay of dispossession temporarily and directed the Government Pleader to get instructions from the respondents as to whether declaration under Section 6 has been promulgated, On being informed that Section 6 declaration is yet to be promulgated, I have heard the submissions of Sri. M.S. Unnikrishnan rep























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