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1994 Supreme(Ker) 234

S.SUBRAMANI, K.T.THOMAS
Menon P. M. – Appellant
Versus
Corporation of Calicut – Respondent


Judgment :-

Thomas, J.

A bottle neck on the National Highway No. 17, located at Muthalakulam Junction (in Kozhikode City) is a traffic constriction. With the cramming of motor vehicles on (lie road, particularly during peak hours, the aforesaid bottle neck aggravates the traffic sqeeze. Suggestions were mooted for widening the road at the site. Shop keepers at this location naturally became apprehensive of its adverse impact on their trade. So they moved the authorities and they succeeded in averting evacuation for a long time, despite the efforts made by the government earlier to acquire land for widening the road at this site.

2. Government issued a notification on 29-10-1991 under S.4(1) of the Land Acquisition Act (for short'the Act'). It was a composite notification containing a proposal to exercise emergency powers under S.17(4) of the Act also. It was challenged by different persons including some of the petitioners herein and this court quashed the notification as per the judgment reported in C. Abdul Azeez v. Special TahsiMar (1992(2) KLJ 61).

3. Government then issued a fresh notification under S.4(1) of the Act on 4-8-1993 which is the principal target of attack in the pres














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