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2009 Supreme(Ker) 630

S.R.BANNURMATH, KURIAN JOSEPH
State Human Rights Protection Centre – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:For the Petitioners:Sivan Madathil, Advocate. For the Respondents: P. Parameswaran Nair, Asst. Solicitor.

Judgment :-

Kurian Joseph,J.

Acquisition, assignment and reforms are the three major aspects on land. That there are three important legislations in all these areas would show the need and relevance for proper order in this field. In the case before us, it is interesting to note that the events are to be analysed with reference to all these three legislations, namely, Land Acquisition Act, Land Assignment Act and Land Reforms Act. It is significant to note that the events chronologically are well balanced; acquired, assigned and reformed, as in the case of legislation also, 1894, 1960 and 1963 respectively.

2. Res clamat domino - land cries for its master is a well known principle. Therefore, it is necessary to refer to the facts from the roots. In 1963 Government of India decided to establish in Kerala a machine tools factory in the central sector as part of the Third Five Year Plan. It was decided to entrust the project to Hindustan Machine Tools Limited, Bangalore (hereinafter referred to as the HMT), a Central public sector undertaking. Government of India requested the Government of Kerala to acquire/make available about 900 acres of land required for the project, free of cost.













































































































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