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2018 Supreme(Ker) 314

ANTONY DOMINIC, DAMA SESHADRI NAIDU
Thoufeeq S/o Mohammed Kassim – Appellant
Versus
State of Kerala, Rep. by the Principal Secretary, Department of Revenue – Respondent


Advocates Appeared:
For the Appellants : Sri. P.K. Ibrahim, Smt. K.P. Ambika, Smt. A.A. Shibi
For the Respondents: Sri. Jaffer Khan, Smt. K.V. Rashmi.

JUDGMENT :

DAMA SESHADRI NAIDU, J.

Introduction:

1. In a couple of villages, in Thiruvananthapuram District, Government proposed to acquire lands for an on-going project. It took steps. Out of many landowners affected, eight persons have challenged the acquisition proceedings, in their entirety. But, in the end, they confined their objections-bereft of pleadings, though-to only two issues: (a) that the Government’s invocation of urgency clause is an abuse of process (b) that the award was passed beyond two years from the date of initial notification.

2. The writ petition, we will see in this writ appeal whether those two pleas could be sustained.

Case in Brief:

3. Thoufeeq and six others (“the landowners”) owned properties in Villages Pallipuram, Andoorkonam, Velloor, and Melthonnakkal of Thiruvananthapuram District. They faced acquisition proceedings.

4. The Government wanted to develop Techno City. For Phase IV of its development, it invoked urgency clause under Section 17 (4) of the Land Acquisition Act (“the Old Act”) and, on 05.10.2006, issued a Notification under Section 4 (1),








































































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