T.R.RAMACHANDRAN NAIR
ITI Limited Bangalore-represented by its Manager – Appellant
Versus
Tahsildar, Palakkad – Respondent
T.R. Ramachandran Nair, J.
1. This writ petition raises three important questions: (i) Whether in the light of the amendment to Part VII of the Land Acquisition Act, 1894 (for short 'the Act'), acquisition for a Government company is covered by the provisions of the said Part and an agreement executed between such a Government Company and the Government will be void; (ii) whether the agreement is violative of Section 20 of the Contract Act and if so, it is void; and (iii) whether the agreement could be saved in the light of Section 21 of the Contract Act.
2. The necessary facts for the disposal of the writ petition are the following: The petitioner is the ITI Limited, Bangalore, a Government of India company. For expanding the Palakkad Unit, the Company requested the Government of Kerala to acquire the property having 100 acres in extent in 1987. The request was considered under Part VII of the Act. Exts.P2 to P6 are the copies of awards passed in the land acquisition proceedings. The Company paid an amount of Rs.2.5 crores to satisfy the awards. On completion of the proceedings of acquisition Ext.P7 agreement was executed between the Company and the Government on 17.7.198
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4. R.L. Arora v. State of U.P. And others (AIR 1964 SC 1230)
6. Pratapchand Nopaji v. Firm of Kotrike Venkata Setty & Sons etc. (AIR 1975 SC 1223)
10. Nanappan Konthi v. District Collector (1989 (1) KLT 582)
11. Fomento Resorts and Hotels Limited and another v. Minguel Martings and others {(2009) 3 SCC 571}
13. Pankajahshy v. State of Kerala {(1990) 1 KLT 776}
15. Nanappan Konthi v. District Collector {(1989 (1) KLT 582)}
17. Tarsem Singh v. Sukhminder Singh (AIR 1998 SC 1400)
19. Gherulal Parakh v. Mahadeodas Maiya and others (AIR 1959 SC 781)
22. Dhanyalkakshmi Rice Mills v. The Commissioner of Civil Supplies (AIR 1976 SC 2243)
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