Supreme Court of India

Hope Plantations Ltd. v. T Aluk Land Board, Peermade and Anr.

Neutral citation
Bench K.T. Thomas, D.P. Wadhwa and Syed Shah Mohammed Quadri JJ.
Decided 3 November 1998

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

10 Supreme Court benches have cited this judgment.

What the Court ordered

We allow the appellant to approach the State government to sei;k exemption under Sub-section 3 of Section 81 of the Act. For this purpose we grant six weeks time to the appellant to apply to the State Government. The State Government shall take decision on such application in accordance with law explained above. Till then the stay granted by this Court by order dated December 6, 1984 shall continue to operate. With these observations the appeal stands partly allowed. There shall be no order as to costs.

Judgment, 541-E-F (concluding paragraphs)

From the headnote

Tenancy and Land Laws : Kerala Land Reforms Act, 1963-Section 85(9) and (9-A), (5) and (2), Form 1, Sections 2(44) and (3), 82, 81(3) and 83-Power of Taluk Land Board under Section 85(9-A) and 85(9) to review its decision-Appellant, owner of estate mainly of tea plantation-Sought exemption of specific portions of land under the heads (1) Tea Plantation, (2) Roads and Buildings, (3) Fuel Area, and (4) Other Agricultural Land Interspersed-Taluk Land Board disallowing claims under the heads "fuel area" and "rested areas" as well as under "other agricultural land interspersed"-High Court, in revision, restoring the appellant's claim under heads (1) and (3) and remanding the matter on heads (2) and (4)…

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