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2000 Supreme(Ker) 554

K.S.RADHAKRISHNAN, G.SASIDHARAN
Joseph – Appellant
Versus
District Collector – Respondent


Judgment :-

KS. Radhakrishnan, J.

This Writ Petition has been preferred to abate a public nuisance. Petitioner is a social worker who is concerned with the obstruction caused to a public road by the existence of a land with a building thereon rendering the traffic dangerous to the public.

2. The land and building in question abuts on the Sahodaran Ayyappan Road, hereinafter called 'S.A. Road'„ which is one of the most important roads connecting Cochin City with Vytilla junction. Corporation of Cochin and the Greater Cochin Development Authority finding the extreme necessity of widening the S.A. road, jointly took up a project. Many of the good Samaritans who owns lands on either side of the road voluntarily surrendered lands for widening the road, a benevolent gesture deserves approbation. G.C.D.A. as well as Corporation of Cochin have reciprocated this good gesture by granting exemption to them from the Kerala Building Rules for constructing building in the remaining area. Corporation stated by virtue of this scheme, they could save about 28 crores of rupees apart from the normal expenses to be incurred if proceedings under the Land Acquisition Act are initiated. Major portion of th





















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