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2014 Supreme(Ker) 1061

C.T.RAVIKUMAR
Sophy Rajan – Appellant
Versus
Land Acquisition Officer – Respondent


Advocates Appeared:
For the Petitioner: Mathew John (K) & Domson J. Vattakuzhy.
For the Respondents: K.R. Deepa (Government Pleader).

JUDGMENT :

Whether Government can be compelled to acquire land which is/was vested in it or over which it got a pre-existing right or interest? Whether a dispute as to pre-existing right or interest of the State Government in the property sought to be acquired is a dispute capable of being adjudicated upon or referred to the Civil Court for determination under Section 30 or 31 of the Land Acquisition Act, 1894? Whether a person in possession of government puramboke can claim that he perfected the title over the same and claim for a reference of the said question under section 30 or 31 of the LA Act when proceedings are initiated to conduct its survey and demarcation, especially in the absence of initiation of acquisition proceedings and passing of an award under section 11 of the LA Act? These questions crop up for consideration in the captioned Writ Petition in the following factual backdrop:-The petitioner claims to be the absolute owner in possession of 17 cents of registered holding together with 3 cents of government puramboke land and an old building thereon, in survey Nos. 572/7/1, 572/7/2 and 304/1/2 of Thodupuzha village. According to the petitioner, she purchased the said











































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