Kerala High Court
State Of Kerala Represented By The ... vs Vijayamma.L on 18 July, 2025
LAA No. 324 of 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
LA.APP. NO. 324 OF 2022
AGAINST THE AWARD DATED 20.01.2021 IN LAR NO.489 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 SR.GOVERNMENT PLEADER SMT.REKHA C NAIR
RESPONDENTS/CLAIMANTS & 2ND RESPONDENT:
1 VIJAYAMMA.L
KANNOLIL HOUSE PILAPPUZHA, HARIPAD, PIN - 690514
2 AJAYAKRISHNAN,S/O,RADHAKRISHNA PILLAI
KANNOLIL HOUSE, PILAPPUZHA,HARIPAD, PIN - 690514
3 ANJANA. V.PILLAI
KANNOLIL HOUSE, PILAPPUZHA, HARIPAD, PIN - 690514
4 THE DEPUTY CHIEF ENGINEER(CONSTRUCTIONS II)
THIRUVANANTHAPURAM, PIN - 695584
R1 TO R3 BY BY ADVS.
SHRI.P.SREEKUMAR (SR.)
SHRI.PEARL K.DAVIS
SHRI.S.GANESH
R2 BY DSGI
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18.07.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LAA No. 324 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 an 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
9 villages, namely, Karumadi, Karuvatta, Cheruthana, Haripad,
Thakazhi South, Thakazhi North, Kumarapuram,
Ambalappuzha and Veeyapuram in Karthikappally,
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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 road 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 a 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
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 @
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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
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.
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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
criterion is applicable in this appeal also.
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
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fixed by the Reference Authority. The impugned award in all
other respects is confirmed.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
jma
