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1983 Supreme(Ker) 129

T.KOCHU THOMMEN
MALANKARA RUBBER & PRODUCE CO. LTD. – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The petitioner is a company owning rubber estates. Lands belonging to the petitioner had been notified for acquisition under S.3 of the Kerala Land Acquisition Act, 1961 (the "Act"). Different notifications were made in respect of different plots of land belonging to the petitioner. Exts. P1, P2 and P3 are notifications issued under S.3 of the Act covering 17 hectares, 52 Ares, 0.8 sq. metres; 27 hectares, 85 Ares, 86 sq. metres; and, 62 hectares, 25 Ares, 28 sq. metres, respectively. Exts. P1 and P2 are dated 31-10-1977 and Ext. P3 is dated 5-12-1977. Declarations under S.6 had been made by Exts. P4, P5 and P6 dated 28-1-1979, 2-11-1978, and 4-12-1978, respectively in relation to plots notified under Exts. P1, P2 and P3. In respect of these plots notices under S.9 (3) & (5) were issued by Exts. P7 and P10 dated 30-1-1979 and 8-2-1979 respectively in regard to Ext. P1 plot; by Exts. P8 and P11 dated 20-12-1978 and 4-1-1979 respectively in regard to Ext.P2 plot; and by Exts. P9 and P12 dated 4-1-1979 and 20-1-1979 respectively in in regard to Ext. P3 plot. In respect of all these lands Ext. P13 award dated 20-3-1979, Ext, P14 award dated 23-3-1979 and Ext. P15 award d













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