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Supreme Court of India 2018-09-27 allowed

E.A. Aboobacker & Ors vs State of Kerala & Ors

Bench: 2 — Deepak Gupta

In Brief

The Supreme Court held that when the State of Kerala appointed a Special Tahsildar as Collector under the Land Acquisition Act to acquire land for an Infopark in Ernakulam District, the appointment was limited to the specific acquisitions for Cochin Refineries Limited mentioned in the 1989 notification—not for all acquisitions in the district. The Court rejected the State's argument that the officer had authority to acquire other lands, ruling that statutory procedure cannot be relaxed for public interest. Only the appropriate Government can appoint or extend a Collector's jurisdiction through a clear notification. The appeals were allowed, and the High Court's dismissal of the writ petitions was set aside.

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Land Acquisition Administrative Law Civil Procedure Constitutional Law Property Rights

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