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1973 Supreme(Ker) 23

V.P.GOPALAN NAMBIYAR
K. N. Appu – Appellant
Versus
State of Kerala – Respondent


Advocates:
A.P. Chandrasekharan, for Petitioner; Govt. pleader, for Respondents.

JUDGEMENT :-

The petitioner seeks to quash Section 3(1) Notification dated 20th July 1967 issued under the Kerala Land Acquisition Act (Ext. P-3) and the Section 6 Declaration dated 26th April I960 (Ext. P-6), issued in respect of one acre and 19 cents in Sy. No. 457/1 of Ollukkara Village, belonging jointly to the petitioner and his mother and sisters.

2. Two main grounds are urged to quash the notification and the declaration, namely first that the Section 5, enquiry has not been conducted in the manner provided by the statute and the petitioner-has not been afforded an opportunity of being heard on the objections; and second, that the acquisition was not really for a public purpose.

3. As far as the first of these objections is concerned. Section 5(3) of the Act requires the Collector to publish a notification in the gazette and also cause public notice of the substance of such notification to be given at various places In the locality Section 5(1) enables any person interested in the land acquired to object to the acquisition of the land within thirty days of the issue of the notification. Section 5(2) enjoins the Collector to give the objector an opportunity of being heard eithe








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