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K H Nazar vs Mathew K Jacob on 30 September, 2019

11. As regards the contention that the factory should not be permitted in a land which was earlier a plantation, the issue is no longer res integra. The only consequence of the land exempted under the provisions of the Kerala Land Reforms Act being put to a different use is that the exemption will no longer be available, and the land thus used will have to be added to the total extent of the declarant for the purpose of reworking the excess land. (See Mathew K.Jacob and another v. District Environment Impact Assessment Authority, Kottayam (FB) [2018 (4) KLT 913], Nazar K.H. v. Mathew K.Jacob & Ors. [2019 (4) KLT 82 (SC)] and Kinallur Rock Sand v. State of Kerala & Ors. [2021 KHC 3252].
Supreme Court of India Cites 30 - Cited by 16 - L N Rao - Full Document

Shri Ram Krishna Dalmia vs Shri Justice S. R. Tendolkar & ... on 28 March, 1958

The Hon'ble Supreme Court has held that in matters involving challenge to the constitution of the legislation enacted by the legislature and the rules framed thereunder, the courts should W.P.(C)Nos.18105 of 2020 & 9546 of 2021 20 be extremely loath to pass an interim order. The Court observed that at the time of final adjudication, the Court can strike down the statute if it is found to be ultra vires. It was further held that the operation of the statutory provisions cannot be stultified by granting an interim order except when the court is fully convinced that the particular enactment or the rules are ex facie unconstitutional and the factors like balance of convenience, irreparable injury and public interest are in favour of passing an interim order. (See Shri Ram Krishna Dalmia v Shri Justice S.R.Tendolkar & Ors. [AIR 1958 SC 538] and Health for Millions v. Union of India & Ors. [(2014) 14 SCC 496].
Supreme Court of India Cites 34 - Cited by 1003 - Full Document

M/S.Kinallur Rock Sand vs State Of Kerala Represented By on 5 March, 2021

11. As regards the contention that the factory should not be permitted in a land which was earlier a plantation, the issue is no longer res integra. The only consequence of the land exempted under the provisions of the Kerala Land Reforms Act being put to a different use is that the exemption will no longer be available, and the land thus used will have to be added to the total extent of the declarant for the purpose of reworking the excess land. (See Mathew K.Jacob and another v. District Environment Impact Assessment Authority, Kottayam (FB) [2018 (4) KLT 913], Nazar K.H. v. Mathew K.Jacob & Ors. [2019 (4) KLT 82 (SC)] and Kinallur Rock Sand v. State of Kerala & Ors. [2021 KHC 3252].
Kerala High Court Cites 1 - Cited by 5 - N Nagaresh - Full Document
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