STATE OF KERALA Vs. M BHASKARAN PILLAI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises from the judgment of the Division Bench of the Kerala High Court, made on July 24, 1991 in Writ Appeal No. 86 of 1990 (reported in AIR 1992 Kerala 86).

(3.) The admitted position is that an extent of 1.94 acres of land was acquired way back in 1952 for construction of national highway. The construction was completed in 1955. Out of the extent of 1.94 acres, 80 cents of land were used and the balance land remained unused. When respondent No. 1 had applied for sale of the property by proceedings dated December 21, 1979, the property was sought to be sold to him at the same rate at which compensation was awarded under Section 11; that was interdicted by way of writ petitions. The sheet-anchor of the Government to sustain the action is the executive order issued by the Government for permission for alienation of the land, the High Court has declared the executive action as invalid in the light of the Kerala Land Assignment Act, 1960 (Act 30 of 1960) (for short, the Act). The High Court has pointed out that the assignment is in contravention of the Act, Thus, this appeal by special leave.