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2000 Supreme(Ker) 320

KURIAN JOSEPH, K.A.ABDUL GAFOOR
State of Kerala – Appellant
Versus
Kumaran Nair – Respondent


Judgment :-

K.A. Abdul Gafoor, J.

The appeal is by the State and the Cross Appeal is by the claimant in L.A.R.102/1996 on the file of the Sub Court, Kozhikode. The land acquisition reference case arose under S.28A(3) of the Land Acquisition Act, 1894, hereinafter referred to as the Act.

2. About 51.80 Acres of land in Nellikode Village in Kozhikode Taluk was notified for acquisition, on 30.10.79. Award was passed on 30.9.1981. The claimant did not object to the award. Naturally, he could not file an application for reference under S.18 of the Act. Later he came to know that as per judgment dated 10.4.1987 in L.A.R.22/83 the Court had granted Rs. 1700/- percent; whereas the claimant pit only Rs. 1109/- per cent as awarded by the land acquisition officer. Thereupon, the claimant preferred an application dated 3.7.1987, before the Collector, under S.28{AX 1) of the Act seeking re-determination of the land value in respect of the holding acquired from him. That application was enquired into based on a direction from this Court in O.P. No. 8207/92. The Collector conducted a local inspection. Subsequent to such inspection, the claimant produced an award dated 31.1.89 in L.A.R.161/85 and a






























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