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2015 Supreme(Ker) 956

ASHOK BHUSHAN, A.M.SHAFFIQUE
T. K. SHAHUL HASSAN MUSALIYAR – Appellant
Versus
STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: SRI.P.B.KRISHNAN, SRI.P.B.SUBRAMANYAN
For the Respondent: SMT.SUSHEELA BHAT

JUDGMENT

Ashok Bhushan, C.J.

The only question to be decided in this Original Petition is as to whether the petitioner is entitled for compensation for the improvements made on the land, given as Kuthakapattom lease to his late father, which land has been resumed by the State Government on 04.08.1997. Against the judgment dated 06.12.2007 passed by this Court in Review Petitions and Original Petition, the State Government filed a Special Leave Petition. The Supreme Court vide its judgment and order dated 06.08.2014 disposed the Civil Appeal Nos.5355 – 5357 of 2009 by setting aside the order of the High Court and remitting the matter to the High Court for reconsideration of the issue whether the 1st respondent (The petitioner in this O.P.) is entitled for compensation on account of the improvements made on the land.

2. Before we proceed to consider the issues it is necessary to note the relevant facts which emerge from the pleadings of the parties. Reference of various earlier proceedings undertaken in respect of the land also need to be noted. Kuthakapattom lease of 94 Acres of

































































































































































































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