LILLY Vs. BOARD OF REVENUE

JUDGEMENT

(1.) By this Original Petition, the petitioner challenges the proceedings for acquisition of about 40 cents of land belonging to her, for purposes of the 4th respondent Panchayat. The notification under S.3 was published in the newspapers on February 6, 1981. The decision on the objections raised by the petitioner was rendered by the Board of Revenue by Ext. P3 proceedings dated March 6, 1982. Toe declaration under S.6 was thereafter published in the Kerala Gazette dated March 28, 1982. The notification and the declaration were made under the provisions of the Kerala Land Acquisition Act, 21 of 1962 (Kerala Act, for brevity), which was in force at that time.

(2.) It was on receipt of Ext. P3 that the petitioner filed the Original Petition challenging the proceedings for acquisition, including Ext. P3. Various grounds have been raised in support of this challenge, but it is not necessary to refer to them in view of subsequent events, (referred to in Para.4 and S below) and the effect thereof on the proceedings in question.

(3.) Along with the Original Petition, the petitioner bad moved an application for stay of further proceedings for acquisition ''of any portion" of her lands, pursuant to the proceedings Ext. P3. On this application, namely CMP No. 10374 of 1982, this court issued notice in the first instance, and subsequently, after bearing counsel on both sides, , passed an order as follows on July 6, 1982: