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1995 Supreme(Ker) 391

K.J.JOSEPH
St Marys Society Cherukole – Appellant
Versus
Alphonse Alexander – Respondent


JUDGMENT

K.J. Joseph, J.

1. The petitioner is a society registered for the welfare of the traditional fishermen with a view to expand the activities of the society by establishing a cold storage and processing of fish, they required additional land, to the extent of 8.27 Ares. For that purpose, they made a request to the Government to initiate land acquisition proceedings. Pursuant to that, a notification under S.3(1) of the Act was published on 2.10.1973, followed by another notification dated 29.3.1981. After series of litigations, the fifth respondent passed an award on 5.8.1989. Since there was dispute between the parties regarding the compensation to be shared and enhancement was claimed, a reference was made under S.18 and 30 of the Act to the sixth respondent. The said reference was numbered as L.A.R. No. 275 of 1989. The sixth, respondent, by Ext. P1 judgment elated 30.3.1994, allowed enhancement of the land value at Rs. 4,7187- per Are with solatium and interest. It is the case of the petitioner that no evidence was adduced on the side of the State of Kerala and the total liability as per Ext. P1 judgment is more than Rs. 1,00,000/- which has to be borne by the petitioner, f










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