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Supreme Court of India

ALI AKBAR ETC vs STATE OF KERALA AND ORS. ETC on 26 October, 2018

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2018 INSC 1000C.A. No.-010786-010787 - 2018Official PDFAuthor Kurian JosephBench Kurian Joseph, Ajay Manikrao Khanwilkar, Kuttiyil Mathew Joseph
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

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, JAYANT KUMAR ARORA are disposed of as follows :-(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. [ KURIAN JOSEPH ] [ A.M. KHANWILKAR ] New Delhi; October 26, 2018.