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2012 Supreme(Online)(KER) 24190

HIGH COURT OF KERALA
K.SURENDRA MOHAN, J
P N HASSANKUNJU – Appellant
Versus
THE EXECUTIVE ENGINEER (KSTP – Respondent


J U D G M E N T

The petitioner is the owner in possession of a property admeasuring 1.6 cents and a building situate therein. The building is at the Central Junction, Kottayam formed by the crossing of M.C. Road and Markert Road. The building is very old and is occupied by the tenants who are respondents 7 to 14.

2. For the purpose of widening the M.C.Road, a portion of the property, 0.28ares is proposed to be acquired under the Land Acquisition Act . The acquisition proceedings are in progress. However, the land has not been taken possession of. The acquired property includes a portion of the building also. According to the petitioner, the first respondent is proposing to demolish a portion of the building in order to take possession of the acquired W.P.(C)No.20075 of 2012 land. According to the petitioner, if the first respondent conducts the demolition work on his own, there is likelihood of the entire building collapsing. Therefore, the petitioner wants to assist the work of demolition so as to ensure that the same is done without causing damage to the rest of the building. He also wants to undertake necessary measures to strengthen the building.

3. The learned Government Pleader

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