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1987 Supreme(Ker) 149

G.VISWANATHA.IYER
EAVAJAN SAHIE – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The petitioner challenges certain proceedings under the Land Acquisition Act for acquisition of his properties for the purpose of construction of a new dairy plant at Trivandrum. Ext. P1 dated 27-5-1981 is the notification issued under S.3(1) of the Kerala Land Acquisition Act 1961. From the counter affidavit of respondent No I, it is seen that this was published in the Kerala Kaumudi and Malayala Manorama dailies dated 2-6-1981. Petitioner objected to the acquisition of his land as per a statement of objection, a copy of which is Ext, P2. He followed it up with a further representation before the 4th respondent for whose purposes the land was being acquired by a representation marked Ext. P3. However, these representations did not bear fruit and the declaration under S.6 of the Land Acquisition Act was published in the Kerala Gazette dated 29th May, 1984. A true copy of this declaration is Ext.P4. Petitioner had however been making representations in the meanwhile against the proposed acquisition, and a representation made by him to Government was rejected by the order Ext.P5 dated 4-6-1984. Petitioner challenges Exts.P1, P4 and P5 in these proceedings.

2. The ground












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