KANDENKUTTY AND ORS. versus STATE OF KERALA AND ORS.

KANDENKUTTY AND ORS. versus STATE OF KERALA AND ORS.

Withdrawal of some lands under Section 48 does not render the acquisition notification under Section 4(1) bad in law; delay caused by claimant’s own judicial proceedings does not invalidate the acquisition notification due to price escalation.

Parties
Petitioners: Kandenkutty and Ors.; Respondents: State of Kerala and Ors.
Jurisdiction
India
Judgment Date
10 March 1997
Procedural Posture
Special Leave Petition (civil) / Final Disposition by Supreme Court
Outcome
Petition dismissed
Legal Topics
Withdrawal From Acquisition, Delay in Finalisation of Acquisition Proceedings, Notification Integrality Under Section 4(1)
Land Acquisition Withdrawal From Acquisition Delay in Finalisation of Acquisition Proceedings Notification Integrality Under Section 4(1)

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Parties

Kandenkutty and Ors.

Petitioners

State of Kerala and Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether withdrawal of some lands under Section 48 affects integrality of notification under Section 4(1)
  2. 2 Whether delay in finalisation due to judicial proceedings renders acquisition bad in law

Ratio Decidendi

Withdrawal of some lands under Section 48 does not render the acquisition notification under Section 4(1) bad in law; delay caused by claimant’s own judicial proceedings does not invalidate the acquisition notification due to price escalation.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition is dismissed