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2016 Supreme(Online)(KER) 42063

HIGH COURT OF KERALA
ASHOK BHUSHAN, CJ, A.M.SHAFFIQUE, J, A. K. Jayasankaran Nambiar, J
K.V.SARADA – Appellant
Versus
THE SPECIAL TAHASILDAR – Respondent


Advocates:
SRI.GEORGE SEBASTIAN, SHRI ALOSIUS THOMAS L.

J U D G M E N T

( Ashok Bhushan, C.J. fo r himself and for A.M.Shaffique, J.) This Full Bench has been constituted on a reference made by a Division Bench vide order dated 13.08.2015.

2. Brief facts need to be noted for answering the reference and deciding the issues raised in this appeal are: An extent of 0.2042 hectare of land comprised in R.S.No.193/4 and O.0400 hectare of land comprised in Sy. No.277/8 and some other plots of land belonging to the appellant and her mother were acquired for the establishment of 'Naval Academy'. The Land Acquisition Officer gave an award under Section 11 of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act”) at the rate of Rs.1,15,200/- per hectare (Rs.466.40 per cent). The appellant did not seek a reference under Section 18 of the Act. However, certain other land owners whose lands were acquired by the same Notification had made application for reference under of the Act. Land Acquisition reference No.124 of 1987 was decided on 26.07.1989 by the Sub Court, Payyannur enhancing land vlue to Rs.800/- per cent. Appellant and her mother filed application under Section 28A (1) on13.03.1990 for redetermination of the compensation.

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