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1994 Supreme(Ker) 441

M.M.PAREED PILLAY, T.V.RAMAKRISHNAN
Kerala Vyapari Vyavasaya Ekopana Samathy – Appellant
Versus
Velloor Panchayath – Respondent


JUDGMENT

M.M. Pareed Pillay, Ag. C.J.

1. Challenge is against the land acquisition proceedings initiated for acquisition of 2 and odd acres of land in Velloor Panchayat for constructing a Bus Stand cum Shopping Complex for the first respondent Panchayat. Contentions of the appellants is that the acquisition proceedings initiated cannot have any justification in view of the violation of S.3(f)(vii) of the Land. Acquisition Act. The argument advanced is that in view of S.3(f) (vii), acquisition by a local authority can be justified only in a case where it has been sponsored by the Government or with the prior approval of the appropriate Government and the lack of prior approval vitiates the proceedings.

2. Expression "public purpose" is defined under the Act. S.3(f) contains definition of "public purpose". When a local authority wants to acquire any land for any other scheme of development prior approval of the appropriate Government is necessary. First respondent Panchayat relied on a copy of G.O. Rt. 3554/94/LAD dated 9-8-1994 issued by the Government in the Local Administration department granting permission for acquisition of the land in question. This would meet the aforesaid conte




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