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1988 Supreme(Ker) 395

VENKATARAMIAH, KANIA
KALIYAPPAN – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. A piece of land measuring ten and a half cents situated at Kozhippathi Village of Chittur Taluk, Palghat District, State of Kerala originally belonged to Indrani, wife of the petitioner and it now belongs to the petitioner. Under a preliminary notification issued under S.3 (1) of the Kerala Land Acquisition Act on 24-2-1981 the said piece of land along with some other lands was proposed to be acquired for a certain public purpose. Both Indrani and the petitioner filed objection to the proposed acquisition. After overruling the objections the State Government published a declaration under S.6 of the Kerala Land Acquisition Act on 19-1-1984. On 24-9-1984 the Land Acquisition (Amendment) Act, 1984 passed by Parliament came into force in the State of Kerala and some other parts of India to which it applies. By S.9 of the Land Acquisition (Amendment) Act, 1984 a new section, i.e., S.11-A was introduced into the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') which reads thus:

11-A. Period within which an award shall be made The Collector shall make an award under S.11 within a period of two years from the date of the publication of the declaration' and if









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