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2021 Supreme(Online)(KER) 41168

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
SUJITH PADINJAREKANDY – Appellant
Versus
THE UNION OF INDIA – Respondent


Advocates:
SRI.ANIL GEORGE, SRI.JOBY JACOB PULICKEKUDY, SHRI.P.VIJAYAKUMAR, SRI.E.C.KURIAKOSE, SMT.MABLE. C. KURIAN

JUDGMENT

The petitioner states that he is the owner in title and possession of property having an extent of .0131 hectares comprised in Re Sy No.90/3 of Chelora village. A residential building is situated in the above property. It is stated that a portion of the said building was notified for acquisition for widening of the National Highway. According to the petitioner, by taking possession of a portion of the building as well as the property, his remaining property will be injuriously affected. In the said circumstances, the petitioner is stated to have submitted a request before the 4th respondent to acquire the remaining portion of the property as well invoking Section 94 of Act 30 of 2013 . The petitioner states that the 5th respondent has now taken a stand that only a minor portion of the building is affected by the acquisition. It is in the afore circumstances that the petitioner is before this Court seeking a direction to the 5th respondent to pass an award for the entire structure.

2. A statement has been filed by the 3rd respondent wherein the very maintainability of the petition is challenged. It is stated that only a minor portion of the tiled building(bath room) is fall

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