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2005 Supreme(Ker) 659

K.BALAKRISHNAN NAIR
Shasthri Nagar Colony Welfare Committee, Represented by its Secretary – Appellant
Versus
The Calicut Development Authority, Represented by its Secretary – Respondent


Judgment :-

W.P.(C).23174/2005:

The petitioner, an Association of the residents of Shastri Nagar Colony, near Eranhipalam in Kozhikode, has filed this Writ Petition, feeling aggrieved by the steps taken by the 1st respondent Calicut Development Authority, to sell 58 cents of open space in that colony, to the Lakshadweep Administration. The brief facts of the case are the following:

2. The 1st respondent acquired 13.09 acres of land and developed it into a housing colony and the members of the Association were sold plots, having various extents, as per Ext.P3 and similar sale deeds. In the said colony, two plots have been set apart as open spaces, having an extent of 42 cents and 58 cents respectively. Ext.P2, the approved lay out plan of the colony, would show that they are meant for parks, play ground and nursery school. The open space on the eastern side, which was set apart for parks and nursery school, is now presently used as a basket-ball court and play ground for children. The said plot is proposed to be sold to the Lakshadweep Administration. The petitioner submits, as per Ext.P3 sale deed, its members also paid the proportionate value of the area set apart for parks, roads e






















































































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