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2016 Supreme(Ker) 795

P.N.RAVINDRAN, A.M.BABU
State of Kerala – Appellant
Versus
Ramachandran Nair – Respondent


Advocates Appeared:
For the Appellant : Ranjith Thampan
For the Respondents: Asha Elizabeth Mathew, C.R. Syam Kumar

ORDER :

P.N. Ravindran, J.

These appeals filed by the State of Kerala arise from the awards passed by the reference court in respect of the lands acquired by the Southern Railway. Learned counsel appearing for the respondents/land owners have raised a preliminary objection to the maintainability of these appeals. They contend that as the acquisition was for the Southern Railway, the State of Kerala cannot be said to be a person aggrieved by the impugned award. It is contended that though Section 54 of the Land Acquisition Act, 1894, does not, in express terms, stipulate that an appeal will lie only at the instance of a person aggrieved, the State of Kerala which acquired the lands for and on behalf of the Southern Railway, cannot be said to be a person aggrieved for the reason that the compensation including all expenses for the acquisition is paid by the Southern Railway.

2. Smt. Asha Elizabeth Mathew, learned counsel appearing for the respondents who led the arguments, submitted that neither the Collector/Land Acquisition Officer nor the requisitioning authority can seek a reference of the dispute regarding the land value to the civil court, that the requisitioning authority is enti
















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