KALYANI (DEAD) Vs. SULTHAN BATHERY MUNICIPALITY

JUDGEMENT

(1.) Leave granted.

(2.) Appellants - eight in number, have assailed the correctness of Judgment and Order dtd. 12/9/2018 passed by the Division Bench of the High Court of Kerala at Ernakulam in W.A. No. 2108 of 2016 between Sulthan Bathery Municipality vs. Kalyani and 12 others, whereby the judgment of the Single Judge was set aside and the writ petition filed by the appellants was dismissed.

(3.) The relevant facts giving rise to the present appeal are that the appellants are the owners of the land in dispute measuring 1.7078 hectares. The land is situate within the territorial limits of Respondent No. 1, Sulthan Bhathery Grama Panchayat (hereinafter referred to as the "Panchayat"), later on declared a Municipality. The Panchayat requested the appellants to utilize their land for construction/widening of Sulthan Batheri Bypass Road. The appellants were assured that they would be given adequate compensation for their land utilized for the said purpose. According to the appellants, they gave their land on the assurance that they would be given compensation.