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FRANCIS v. THE STATE OF KERALA

Supreme Court of India | Diary 13511/2019

Status

Order

Decided On

2024-11-27

Bench

HON'BLE MR. JUSTICE SANJAY KUMAR, HON'BLE THE CHIEF JUSTICE

Petitioner

FRANCIS

Respondent

THE STATE OF KERALA

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Full Judgment Text

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2024 (arising out of SLP (Civil) No. 6449 of 2020)

FRANCIS ..... APPELLANT(S)

VERSUS

STATE OF KERALA & ORS. ..... RESPONDENT(S)

with

CIVIL APPEAL NO. 8291 OF 2013

and

CIVIL APPEAL NO. 2024 (arising out of SLP(Civil) No. 6450 of 2020)

O R D E R

Leave granted in the special leave petitions.

The impugned judgments primarily rely upon the judgment dated

12.07.2010 passed by the High Court in L.A. App. No. 272/2010(C)

and a connected matter. A copy of the said judgment was not placed

on record by the appellant or the respondents.

In view of the aforesaid position, we had passed over the

matter to enable the learned counsel for the parties to procure and

place on record the judgment dated 12.07.2010.

A copy of the judgment dated 12.07.2010 in L.A. App. No.

272/2010(C) and a connected matter has been produced before us and

we have perused the same. In the said case, it appears that there

was some purchase agreement and pursuant to which compensation was

1

paid to some of the landowners, who had settled the matter.

However, such settlement amount was not taken as the basis for

awarding compensation to others. We have also perused paragraphs 7

and 8 of the judgment dated 12.07.2010, but are unable to decipher

the basis for arriving at the figures mentioned in the said

judgment.

The impugned judgments do not examine as to...

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