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1987 Supreme(Ker) 591

MALIMATH, BHASKARAN NAMBIAR
KALIYAPPAN – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. This appeal is against the judgment of the learned single judge dismissing O.P No. 1536/87.101/2 cents of land originally belonging to the 2nd appellant and now belonging to the 1st appellant was the subject-matter of acquisition under the Kerala Land Acquisition Act. Preliminary notification under S.3(1) was issued on 24-2-1981. After considering the objections of the appellants the final notification under S.6 of the Act was issued on 19-1-1984. The Collector signed and made the award on 23-9-1986 and filed the same in the Collector's office on 24-9-1986. It appears that the notice of the said Award was served on the first appellant on 30-9-1986. The appellants challenged the acquisition proceedings firstly on the ground that the award not having been made within a period of two years from the date of publication of the declaration. the acquisition of the land has lapsed under S. HA of the Land Acquisition Act and secondly because of inordinate delay in making the award. The learned single judge has repelled both these contentions and dismissed the original petition. Hence this appeal. There is however a direction to the authorities not to demolish the building on










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