ALI AKBAR ETC. Vs STATE OF KERALA AND ORS. ETC.
Bench: HON'BLE MR. JUSTICE KURIAN JOSEPH, HON'BLE MR. JUSTICE A.M. KHANWILKAR
Judgment by: HON'BLE MR. JUSTICE KURIAN JOSEPH
Case number: C.A. No.-010786-010787 / 2018
Diary number: 26155 / 2016
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 10786-10787 OF 2018 [@ SPECIAL LEAVE PETITION (C) NOs. 24300-24301 OF 2016]
ALI AKBAR ETC. Appellant (s)
VERSUS
STATE OF KERALA AND ORS. ETC. Respondent(s)
WITH
CIVIL APPEAL NO(S). 10788-10796 OF 2018 [@ SPECIAL LEAVE PETITION (C) NOs. 26454-26462 OF 2016]
J U D G M E N T
KURIAN, J.
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 :-
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(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.