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1991 Supreme(Ker) 250

Balakrishna Pillai – Appellant
Versus
State of Kerala – Respondent


Advocates:
M. M. Abdul Aziz, for Petitioners; Govt. Pleader, M. C. Gopi and Pirappancode V. Sreedharan Nair, for Respondents.

ORDER :-

Petitioners in these Original Petitions challenge the proceedings initiated by the Government under the Land Acquisition Act, hereinafter referred to as the Act for acquiring lands belonging to them for the Neyyattinkara Municipality. Issues raised in these petitions are identical. Therefore I consider it advantageous to dispose of them by a common judgment.

2. O. P. 4518/89 was filed by two petitioners. First petitioner filed statement dated 14-12-1990 to the following effect :

"I have decided not to challenge the acquisition of my property. Hence it is essential in the interest of justice to vacate the stay in C.M.P. No. 13073/89 with regard to my property and allow me to withdraw my challenge against the acquisition of my property."

Thus the second petitioner alone is interested in O.P. 4518 / 89.

3. The Neyyattinkara Municipality passed a resolution on 29-7-1976 to acquire three acres 90 cents of property in various survey numbers in Neyyattinkara village for construction of a shopping complex. In pursuance to that resolution, notification under Section 3(1) of the Kerala Land Acquisition Act, hereinafter referred to as the 'Kerala Act' was published in 1978. No further st


















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