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september 2019

Supreme Court of India · 2019-09-30

K H NAZAR vs MATHEW K JACOB

Citation / case number
SC 2019/8346
Court
Supreme Court of India
Petitioner
K H NAZAR
Respondent
MATHEW K JACOB
Author
HON'BLE MR. JUSTICE L. NAGESWARA RAO
Bench
HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE L. NAGESWARA RAO

Judgment text excerpt

The Supreme Court examined the definition of 'commercial site' under Section 2(5) and Section 81(1)(q) of the Kerala Land Reforms Act, 1963, determining whether quarrying land qualifies for exemption from the Act. The Court upheld the Full Bench decision of the Kerala High Court, which ruled that land used for quarrying does not constitute a 'commercial site' and is therefore subject to the Act's provisions. The Court emphasized that the interpretation of 'commercial activities' must align with the legislative intent, rejecting the Appellant's argument that quarrying should be considered a commercial operation exempt from the Act.

K H NAZAR vs MATHEW K JACOB · Niyam