Kerala Court November 1979 Judgments

Rajalakshmy Vs. Asst. Engineer and ors.

Court: Kerala

Reported in: AIR1980Ker68

Subramonian Poti, J. 1. A question of considerable importance which had come up for decision on earlier occasions in this court is raised again in this petition. Divergent views had been expressed by this court on this question. This situation led to reference of O. P. No. 1768 of 1973 to a Full Bench of this Court. But that was disposed of without going into the controversy since at the time the case came up before the Full Bench enforcement of Article 19 of the Constitution stood suspended. The matter has now come up on a reference by the Division Bench. One of us referred, the question to the Division Bench when it came up before the Single Bench and the Division Bench felt that the case must appropriately be heard by a Full Bench.2. It does sometimes happen that in land compulsorily acquired under the provisions of the Kerala Land Acquisi-tion Act 1961 a portion only of a building stands. Section 53 (1) of the Act enables the owner, if he so desires, to require that the whole of th...