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1994 Supreme(SC) 715

K.RAMASWAMY, M.N.VENKATACHALIAH
Kerala State Housing Board – Appellant
Versus
Ramapriya Hotels Private LTD. – Respondent


Advocates:
E.M.S.ANAM, K.K.VENUGOPAL, M.T.George, R.F.NARIMAN, RISHI KESH, S.R.Setia

Judgment

K. RAMASWAMY, J.- The two appeals arise from the same judgment, the first one by the Housing Board and the second by the State, respondents before the Kerala High Court in OP No. 704 of 1982 dated 26-7-1989. The respondent-company had entered into an agreement on 30-5-1977 agreeing that "first party (respondent-company) is satisfied of their own will that on a consideration of all relevant facts and circumstances and the prevailing conditions Rs 1100 (Rupees eleven hundred only) per cent including all improvements situated on this land will be a fair value and proper price for the property". "The first party will accept without protest on their behalf value-compensation at Rs 1100 (Rupees eleven hundred only) per cent inclusive of solatium and value for all structures and improvements on the property to be acquired and referred to in the schedule hereunder", "will not dispute the declaration of compensation awarded". "Entering into this agreement as it will be for his own benefit and he stands to gain by the implementation of the said agreement." The second party (Land Acquisition Collector) "is empowered to make an award" "at the rate of Rs 1100 (Rupees eleven hundred onl













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