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1996 Supreme(Ker) 67

K.SREEDHARAN, J.B.KOSHY
Kandankutty – Appellant
Versus
State – Respondent


Judgment :-

Koshy, J.

All the above original petitions were filed for quashing the acquisition proceedings initiated by Government notification under Section 3(1) of the Kerala Land Acquisition Act issued on the basis of requisition by the Palghat Municipality for acquisition of site forme construction of a stadium and shopping complex with approach road. According to the petitioners in O.P. No. 5382 of 1986, Palghat Municipality entertained a proposal for the construction of a stadium and shopping complex and for that, two sites lying in Sultan pet were considered. The first site consisted of slightly more than 23 acres of double crop lands where three crops were being raiser The second site lies on the eastern side of the first site and consisted of single crop lands having an extent of about 75 acres. The first site is unsuitable for stadium and shopping complex as the same has to be filled up to a height of 2 to 3 meters which could have been avoided if the second site was chosen. It was stated that at one corner of the first site there is a church and in another portion there is a temple. At about the middle there is a tank which supplies water. But to accommodate some of the C





































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