Kerala High Court
State Of Kerala Represented By The ... vs *Ahammed Kunju on 21 August, 2025
LA.APP. NO. 478 OF 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 21ST DAY OF AUGUST 2025 / 30TH SRAVANA, 1947
LA.APP. NO. 478 OF 2022
AGAINST THE AWARD DATED 20.01.2021 IN LAR NO.440 OF 2019 OF
LAND ACQUISITION REHABILITATION AND RE-SETTLEMENT AUTHORITY, ALAPPUZHA
APPELLANT/1ST RESPONDENT:
STATE OF KERALA REPRESENTED BY THE SPECIAL TAHSILDAR ,
LA (RAILWAYS)
KAYAMKULAM, PIN - 690502
BY SMT. REKHA C. NAIR, SR. GOVERNMENT PLEADER
RESPONDENTS/CLAIMANT & 2ND RESPONDENT:
1 AHAMMED KUNJU
ALAMPALLIL AYAPARAMBU,CHERUTHANA, PIN - 690514
2 THE DEPUTY CHIEF ENGINEER,
SOUTHERN RAILWAY (CONSTRUCTION -II)
THIRUVANANTHAPURAM, PIN - 695584
ADDL.R3 FATHIMA KUNJU, AGED 76 YEARS,
W/O LATE AHAMMED KUNJU, KURUNGATTU VEEDU, AANARI, CHERUTHANA
P.O, ALAPPUZHA DISTRICT, PIN - 690 517
ADDL.R4 NASEEMA SALIH, AGED 56 YEARS,
D/O LATE AHAMMED KUNJU, KOTTAKKAL PUTHUPARAMB, PERUMBALLI
P.O, MADAPPALL, ALAPPUZHA DISTRICT, PIN 686 536
ADDL.R5 SEENATH, AGED 54 YEARS,
D/O LATE AHAMMED KUNJU, KAITHAKKADAN PARALIL NEERKKUNNAM
VANDANAM P. O AMBALAPPUZHA, ALAPPUZHA DISTRICT, PIN 688 005
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ADDL.R6 RASIYA, AGED 52 YEARS,
D/O LATE AHAMMED KUNJU, KALEEKKAL VEEDU, NANGYARKULANGARA,
CHINGOLI P.O ALAPPUZHA DISTRICT, PIN 690 532
ADDL.R7 SHAMEEMA, AGED 49 YEARS,
D/O LATE AHAMMED KUNJU, MULLASSERI PUTHENVEEDU, CHINGOLI
P.O, CHINGOLI, ALAPPUZHA DISTRICT, PIN 690 532
ADDL.R8 TAHAKUNJU, AGED 46 YEARS,
S/O LATE AHAMMED KUNJU, KURUNGATTU VEEDU, CHERUTHANA P.O,
AANARI ALAPPUZHA DISTRICT, PIN 690 517
ADDL.R9 SHIHABUDDIN, AGED 37 YEARS,
S/O LATE AHAMMED KUNJU, KURUNGATTU VEEDU, CHERUTHANA P.O,
AANARI ALAPPUZHA DISTRICT, PIN 690 517
[LEGAL HEIRS OF THE DECEASED 1ST RESPONDENT ARE IMPLEADED AS
ADDITIONAL RESPONDENTS 3 TO 9 AS PER ORDER DATED 20.08.2025
IN IA.2/2023].
R2 BY DSGI
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 21.08.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LA.APP. NO. 478 OF 2022
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JUDGMENT
1. The State Government has filed this Land Acquisition Appeal
under Section 74 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (hereinafter referred to as 'the LA Act,
2013').
2. This Appeal arises from the Land Acquisition Reference
disposed of by the Land Acquisition Rehabilitation and
Resettlement Authority, Alappuzha (hereinafter referred to as
'the Reference Authority') by Award dated 20/01/2021.
3. The State Government initiated land acquisition proceedings
under the Land Acquisition Act, 1894 (hereinafter referred to as
'the LA Act, 1894') to acquire 21.580 hectares of land spread in
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9 villages, namely, Karumady, Karuvatta, Cheruthana, Haripad,
Thakazhi South, Thakazhi North, Kumarapuram,
Ambalappuzha and Veeyapuram in Karthikappally,
Ambalappuzha and Kuttanad Taluks for doubling the railway
track between Haripad and Ambalappuzha. Later, the total
extent of land required for acquisition was reduced to 19.24.33
Hectares. The land involved in the present Reference is dry land
in category No.D situated in Haripad village. The description of
category No.D is 'dry land without pathway access'.
4. Section 4(1) Notification under the LA Act, 1894 is dated
24.06.2010. When the LA Act, 2013 came into force with effect
from 01.01.2014, on the direction of the Government, the Land
Acquisition Officer passed temporary Award, fixing the land
value @ Rs.74,823/- per Are, as the Rules under LA Act, 2013
were not framed. After framing the Rules, the Land Acquisition
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Officer passed the final Award fixing land value @ Rs.77,623/-
per Are.
5. The District Level Purchase Committee (DLPC) had fixed the
market value of the land after conducting a detailed negotiation
with landowners. The DLPC had fixed the land value @
Rs.2,47,100/- per Are. The formula adopted by DLPC was to
take 200% of the basic land value with 30% solatium and 12%
additional land value [Basic Land value + 30% Solatium +12% Addl
Land Value) X 200%]. The market value fixed by the DLPC was
approved by the State Level Empowered Committee (SLEC).
Several landowners settled their claims by accepting the market
value fixed by the DLPC.
6. The Reference Authority awarded enhanced compensation
fixing the land value @ Rs.2,24,469/- per Are. The Reference
Authority fixed the land value relying on the basic land value
fixed by the DLPC and fixed market value, adding 200% of the
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basic land value to the basic land value [Basic Land Value + 200%
of Basic Land Value]. In effect, 300% of the basic land value of
Rs.74,823/- per Are fixed by the DLPC was taken to arrive at
the market value of Rs.2,24,469/- per Are fixed by the
Reference Authority.
7. In the judgment dated 02.07.2025 in L.A.Appeal No.252/2021
& connected cases arising from the very same Section 4(1)
Notification, this Court has found that there is no rationale to add
200% to the basic land value by the Reference Court instead of
100% added by the DLPC and that such an addition of 200% by
the Reference Authority is arbitrary and without any material to
support the same and accordingly fixed land value by taking 200
% of the Basic Land Value fixed by DLPC. The same criteria is
applicable in these appeals also.
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8. In this case, DLPC had fixed the Basic Land Value at
Rs.74,823/- per Are and 200% of the same is Rs.1,49,646/- per
Are.
9. Accordingly, this Appeal is allowed in part without costs,
modifying the impugned Award so far as it relates to the fixation
of market value of the land, by fixing land value @ Rs.1,49,646/-
per Are for the acquired land instead of Rs.2,24,469/- per Are
fixed by the Reference Authority. The impugned award in all
other respects is confirmed.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
Shg/
