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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 State of Kerala acquired land for an Infopark using a Special Tahsildar appointed as Collector for acquisitions related to Cochin Refineries Limited. The appellants challenged this on the ground that the Tahsildar was appointed only for Cochin Refineries acquisitions and lacked authority to act for other projects like the Infopark. The Supreme Court held that an officer appointed under Section 3(c) of the Land Acquisition Act can only exercise authority for the specific lands and purposes stated in the appointment notification. Since the 1989 notification limited the Tahsildar's powers to Cochin Refineries acquisitions, he could not lawfully act for the Infopark. The Court rejected arguments based on public interest, holding that statutory acquisition procedure must be strictly followed. The appeals were allowed.

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Land Acquisition Administrative Law Constitutional Law Procedure Property Rights

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