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1981 Supreme(Ker) 258

U.L.BHAT
CHACKO VARGHESE – Appellant
Versus
TALUK LAND BOARD – Respondent


Judgment :-

1. Taluk Land Board, Alwaye as per order dated 22-10-1976 determined the surplus land liable to be surrendered by the revision petitioner under S.85 of Act 1 of 1964 (for short'the Act') as 83 900 cents. This order was passed after exempting 20.57 acres of land as rubber plantation under S.81 (1) (e) of the Act. Later the Taluk Land Board was doubtful of the eligibility of this land for exemption and issued a notice under S 85 (9) of the Act and in due course set aside the earlier order. A fresh draft statement was issued on 26-4-1978. However, the Taluk Land Board in the revised final order reiterated its earlier finding upholding the exemption of 20.57 acres of land and disposed of the case accordingly That was on the basis that 20.57 acres of land was a rubber plantation on 1-4-1964 and as such eligible for exemption though the rubber trees were cut and removed after 1-1-1970. On 5-4-197, the Taluk Land Board initiated proceedings under S.87 of the Act and issued a draft statement calling upon the revision petitioner to surrender excess land of 20.57 acres. It was found that 14.77.650 acres was acquired by the Government for the purpose of I. S. R O. Ultimately the i





















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