Reportable IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(s). 3189 OF 2022 (arising out of SLP (Civil) No(s). 4125 of 2019)
KALYANI (DEAD) THROUGH LRS. & ORS. ...APPELLANT(S)
VERSUS
THE SULTHAN BATHERY MUNICIPALITY
& ORS. ...RESPONDENT(S)
J U D G M E N T
VIKRAM NATH, J.
Leave granted.
2. Appellants - eight in number, have assailed the
correctness of Judgment and Order dated 12.09.2018 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.
1
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 ...