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Ali Akbar Vs. State of Kerala [26/10/18]

Ali Akbar Etc. Vs. State of Kerala and Ors. Etc.

[Civil Appeal No (S). 10786-10787 of 2018 @ Special Leave Petition (C) Nos. 24300-24301 of 2016]

[Civil Appeal No (S). 10788-10796 of 2018 @ Special Leave Petition (C) Nos. 26454-26462 of 2016]


1. Leave granted.

2. The appellants are before this Court, aggrieved by the remand made by the High Court to the Reference Court, as per the impugned Judgment, for fixation of compensation in respect of the lands acquired from the appellants.

3. We have heard Mr. V. Giri, learned senior counsel appearing for the appellants and Mr. Aman Lekhi, learned Additional Solicitor General appearing for the Requisitioning Authority and Mr. C. K. Sasi, learned counsel appearing for the State.

4. With consent of both the parties, these appeals are disposed of as follows :-

(i) The remand will be treated as open remand.

(ii) It will be open to both the parties to adduce evidence before the Reference Court.

(iii) It will be open to both the sides to take all available contentions before the Reference Court.

(iv) Needless to say that the Reference will be answered without being influenced by any of the observations and findings in the impugned order.

…………………..J. [KURIAN JOSEPH]

…………………..J. [A.M. KHANWILKAR]

New Delhi;

October 26, 2018.

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