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1 - 10 of 10 (0.25 seconds)Kerala Land Reforms Act, 1963
Section 233A in Kerala Panchayat Raj Act, 1994 [Entire Act]
Article 21 in Constitution of India [Constitution]
The Factories Act, 1948
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].
Section 22 in The Air (Prevention And Control Of Pollution) Act, 1981 [Entire Act]
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].
Article 14 in Constitution of India [Constitution]
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].
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