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2016 Supreme(Ker) 162

ASHOK BHUSHAN, P.R.RAMACHANDRA MENON
Nelvayal Neerthada Samrakshana Samithi – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
Sri. Sivan Madathil, Sri. Abdul Hak K.
R1 to R3, R5, R6 & R7 Sr. Government Pleader Sri. P.I. Davis, R4 Sri. G.S. Reghunath

JUDGMENT :

P.R. Ramachandra Menon, J.

Acquisition of large extent of properties at the instance of the Kerala Industrial Infrastructure Development Corporation (KINFRA) and the subsequent declaration of land as 'industrial area,' followed by exemption granted under Section 10 of the Kerala Conservation of Paddy Land and Wetland Act, 2008 (Act 28 of 2008) (in short Paddy Land Act) is the subject matter of challenge in these cases. 18285 of 2011 and W.A. No. 1085 of 2010 are in respect of the grievances projected by some owners of the lands, whereas the other two petitions i.e. W.P(C)No.15529 of 2010 and W.P.(C) No.11534 of 2010 are styled as Public Interest Litigations.

2. The petitioners/appellants in the individual writ petitions/writ appeal challenge the acquisition proceedings on various grounds referring to violation of the relevant provisions of the Land Acquisition Act, and the alleged absence of 'public purpose', whereas the challenge involved in the other two cases is more with regard to the absence/obscurity in the Scheme, violation of various provisions in the statute, in particular, the 'Paddy Land Act'. The petitioner in W.P.(C)No.15529 of 2010 concedes that there is no ch




































































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