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.