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2012 Supreme(Ker) 144

V.RAMKUMAR, K.HARILAL
Kunjayyan, Kollam – Appellant
Versus
Kerala State, rep. by The District Collector – Respondent


Advocates Appeared:
For the Petitioners:Johnson Gomez, S. Biju (Kizhakkanela), Advocates.
For the Respondents: R1 – Githesh, Government Pleader.

Judgment :

Ramkumar, J.

1. In these appeals filed under Order XLIII Rule 1 (c ) C.P.C. the appellants challenge the separate orders passed by the Land Acquisition Reference Court namely the court of the Subordinate Judge, Kollam, dismissing the restoration petitions preferred against the orders dismissing for default the reference applications filed by some of the claimants.

THE FACTUAL MATRIX

2. The appellants in F.A.O. 141/2011 represent claimants 2 to 4, 6 and 7 in L.A.R. 129 of 1993. The appellants in F.A.O. No. 193/2011 represent claimants 1 and 2 in L.A.R. 138 of 1991. In both the L.A.R. cases certain parcels of land belonging to the aforesaid claimants and situated in Panmana Village of Karunagappally Taluk were compulsorily acquired by the State on the requisition made by the 2nd respondent, namely, the Indian Rare Earths Limited ("I.R.E. Ltd." for short) Chavara, Kollam. Dissatisfied with the compensation given under separate awards passed by the Land Acquisition Collector (the "Collector" for short) the aforementioned claimants preferred applications before the Collector under Sec. 18 of the Land Acquisition Act, 1894, seeking a reference of their claim for enhanced compen







































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