When respondent No.1 had applied for sale of the property by dated December 21,1979, the property was sought to be sold to him at the same rate at which companypensation was awarded under Section 11, that was interdicted by way of writ petitions.
The admitted position is that an extent of 1.94 acres of land was acquired way back in 1952 for companystruction of national highway.
The High Court has declared the executive action as invalid in the light of the Kerala Land Assignment Act, 1960 Act 30 of 1960 for short, the Act .
The sheet anchor of the Government to sustain the action is the executive order issued by the Government for permission for alienation of the land.
out of the extent of 1.94 acres, 80 cents of land were used and the balance land remained unused.
This appeal by special leave arises from the judgment of the Division Bench of the Kerala High Court, made on July 24,1991 Writ Appeal No.86 of 1990.
The companystruction was companypleted in 1955.
Leave granted.
Thus, this appeal by special leave.
