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Shaikoya Suhravardi vs Union Of India
2025 Latest Caselaw 703 Ker

Citation : 2025 Latest Caselaw 703 Ker
Judgement Date : 8 July, 2025

Kerala High Court

Shaikoya Suhravardi vs Union Of India on 8 July, 2025

Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
                                                      2025:KER:49715


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

        THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR

                                  &

               THE HONOURABLE MR. JUSTICE P.M.MANOJ

        TUESDAY, THE 8TH DAY OF JULY 2025/17TH ASHADHA, 1947

                        W.A.NO.1081 OF 2025
    AGAINST THE JUDGMENT DATED 02.04.2025 IN W.P(C).NO.203 OF 2025
                        OF HIGH COURT OF KERALA

APPELLANT(S)/PETITIONER:

           MOHAMMEDALI
           AGED 79 YEARS
           S/O.LATE KADIRI MASTER, PAKKIYODA HOUSE,
           CHETHALATH ISALND, U.T. OF LAKSHADWEEP, PIN - 682554

           BY ADV.SRI.LAL K.JOSEPH
           BY ADV.SRI.P.MURALEEDHARAN (THURAVOOR)
           BY ADV.SMT.T.A.LUXY
           BY ADV.SRI.SURESH SUKUMAR
           BY ADV.SRI.KOYA ARAFA MIRAGE
           BY ADV.SRI.ANZIL SALIM
           BY ADV.SRI.SANJAY SELLEN


RESPONDENT(S)/RESPONDENTS:



    1      UNION OF INDIA
           REPRESENTED BY SECRETARY TO THE GOVERNMENT,
           MINISTRY OF RURAL DEVELOPMENT, 1ST FLOOR, KRISHI
           BHAVAN, DR RAJENDRA PRASAD RD, MARG, RAJPATH AREA,
           CENTRAL SECRETARIAT, NEW DELHI, DELHI, PIN - 110001

    2      THE ADMINISTRATOR
           OFFICE OF THE LAKSHADWEEP ADMINISTRATOR, KAVARATTI,
           UNION TERRITORY OF LAKSHADWEEP, PIN - 682555

    3      THE LAND ACQUISITION COLLECTOR/ADDITIONAL DISTRICT
           MAGISTRATE, UNION TERRITORY OF LAKSHADWEEP,
           LAKSHADWEEP ADMINISTRATION, COLLECTORATE,
 W.A.Nos.1081, 1082,                      :: 2 ::
1089 & 1090/25




                                                              2025:KER:49715

                      KAVARATTI, PIN - 682555

                      BY ADV.SRI.R.V.SREEJITH, STANDING COUNSEL
                      BY ADV.SRI.BONNY BABY
                      BY SRI.K.S.PRENJITH KUMAR, CGC


         THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
   02.07.2025 ALONG WITH W.A.NO.1082 OF 2025 AND CONNECTED
   CASES, THE COURT ON 08.07.2025 DELIVERED THE FOLLOWING:
   W.A.Nos.1081, 1082,                      :: 3 ::
  1089 & 1090/25




                                                                   2025:KER:49715


                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT

             THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR

                                               &

                            THE HONOURABLE MR. JUSTICE P.M.MANOJ

            TUESDAY, THE 8TH DAY OF JULY 2025/17TH ASHADHA, 1947

                                    W.A.NO.1082 OF 2025
     AGAINST THE JUDGMENT DATED 02.04.2025 IN W.P(C).NO.4432 OF 2025
                         OF HIGH COURT OF KERALA

APPELLANT(S)/PETITIONERS:

      1                 SHAIKOYA SUHRAVARDI
                        AGED 53 YEARS
                        S/O.LATE AHMED KOYA PADIPURA, SUHRABARD HOUSE,
                        AMINI, U.T. OF LAKSHADWEEP, PIN - 682552

      2                 SAYED MOHAMMED KOYA P
                        AGED 49 YEARS
                        S/O.B ATTAKOYA THANGAL PURAKKAD HOUSE,
                        AMINI, U.T. OF LAKSHADWEEP, PIN - 682552

                        BY ADV.SRI.LAL K.JOSEPH
                        BY ADV.SRI.P.MURALEEDHARAN (THURAVOOR)
                        BY ADV.SMT.T.A.LUXY
                        BY ADV.SRI.SURESH SUKUMAR
                        BY ADV.SRI.ANZIL SALIM
                        BY ADV.SRI.SANJAY SELLEN
                        BY ADV.SMT.SONIA SHIBU
                        BY ADV.SRI.KOYA ARAFA MIRAGE



RESPONDENT(S)/RESPONDENTS:

      1                 UNION OF INDIA
                        REPRESENTED BY SECRETARY TO THE GOVERNMENT,
                        MINISTRY OF RURAL DEVELOPMENT, 1ST FLOOR, KRISHI
                        BHAVAN, DR RAJENDRA PRASAD RD, MARG, RAJPATH AREA,
                        CENTRAL SECRETARIAT, NEW DELHI, DELHI, PIN - 110001

      2                 THE ADMINISTRATOR
                        OFFICE OF THE LAKSHADWEEP ADMINISTRATOR, KAVARATTI,
 W.A.Nos.1081, 1082,                      :: 4 ::
1089 & 1090/25




                                                              2025:KER:49715

                      UNION TERRITORY OF LAKSHADWEEP, PIN - 682555

    3                 THE LAND ACQUISITION COLLECTOR
                      ADDITIONAL DISTRICT MAGISTRATE, UNION TERRITORY
                      OF LAKSHADWEEP, LAKSHADWEEP ADMINISTRATION,
                      COLLECTORATE, KAVARATTI, PIN - 682555


                      BY SRI.R.V.SREEJITH, STANDING COUNSEL
                      BY SMT.JOLIMA GEORGE, CGC



         THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
   02.07.2025, ALONG WITH W.A.NO.1081 OF 2025 AND CONNECTED
   CASES, THE COURT ON 08.07.2025 DELIVERED THE FOLLOWING:
   W.A.Nos.1081, 1082,                      :: 5 ::
  1089 & 1090/25




                                                                   2025:KER:49715


                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT

             THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR

                                               &

                            THE HONOURABLE MR. JUSTICE P.M.MANOJ

            TUESDAY, THE 8TH DAY OF JULY 2025/17TH ASHADHA, 1947

                                    W.A.NO.1089 OF 2025
    AGAINST THE JUDGMENT DATED 02.04.2025 IN W.P(C).NO.35537 OF 2025
                         OF HIGH COURT OF KERALA

APPELLANT(S)/PETITIONER:

                        SUBAIDA.U
                        AGED 46 YEARS
                        W/O.MARCUS IQBAL SADDIQUE E. UMMERODA HOUSE,
                        KAVARATTI ISLAND, U.T OF LAKSHADWEEP, PIN - 682555

                        BY ADV.SRI.LAL K.JOSEPH
                        BY ADV.SRI.P.MURALEEDHARAN (THURAVOOR)
                        BY ADV.SMT.T.A.LUXY
                        BY ADV.SRI.SURESH SUKUMAR
                        BY ADV.SRI.KOYA ARAFA MIRAGE
                        BY ADV.SRI.ANZIL SALIM
                        BY ADV.SRI.SANJAY SELLEN
                        BY ADV.SMT.SONIA SHIBU
                        BY ADV.SMT.AAMINA RAFEEK



RESPONDENT(S)/RESPONDENTS:

      1                 UNION OF INDIA
                        REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
                        MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA,
                        JAI SINGH MARG, HANUMAN ROAD AREA, CONNAUGHT PLACE,
                        NEW DELHI, DELHI, PIN - 110001

      2                 UNION TERRITORY OF LAKSHADWEEP
                        REPRESENTED BY ITS ADMINISTRATOR, OFFICE OF THE
                        LAKSHADWEEP ADMINISTRATOR, KAVARATTI, PIN - 682555

      3                 THE LAND ACQUISITION COLLECTOR/ADDITIONAL DISTRICT
                        MAGISTRATE
 W.A.Nos.1081, 1082,                      :: 6 ::
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                                                              2025:KER:49715

                      UNION TERRITORY OF LAKSHADWEEP, LAKSHADWEEP
                      ADMINISTRATION, COLLECTORATE, KAVARATTI, PIN - 682555

    4                 SUPERINTENDENT ENGINEER
                      OFFICE OF THE SUPERINTENDENT ENGINEER LAKSHADWEEP,
                      KAVARATTI ISLAND, PIN - 682555

    5                 THE ASSISTANT ENGINEER
                      LAKSHADWEEP PUBLIC WORKS DEPARTMENT (LPWD),
                      CIVIL SUB DIVISION, KAVARATTI, UNION TERRITORY
                      OF LAKSHADWEEP, PIN - 682555

                      BY SRI.R.V.SREEJITH, STANDING COUNSEL
                      BY ADV.SMT.LAKSHMI MEENAKSHI P.R.


         THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
   02.07.2025 ALONG WITH W.A.NO.1081 OF 2025 AND CONNECTED
   CASES, THE COURT ON 08.07.2025 DELIVERED THE FOLLOWING:
   W.A.Nos.1081, 1082,                      :: 7 ::
  1089 & 1090/25




                                                                   2025:KER:49715


                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT

             THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR

                                               &

                            THE HONOURABLE MR. JUSTICE P.M.MANOJ

            TUESDAY, THE 8TH DAY OF JULY 2025/17TH ASHADHA, 1947

                                    W.A.NO.1090 OF 2025
     AGAINST THE JUDGMENT DATED 02.04.2025 IN W.P(C).NO.6775 OF 2025
                         OF HIGH COURT OF KERALA

APPELLANT(S)/PETITIONERS 1, 3 AND 4:

      1                 ATTAKOYA PATHUMMATHADA
                        AGED 70 YEARS
                        S/O.LATE SAYYID ABOOSALIH KUNHIKOYA THANGAL,
                        PATHUMMATHADA HOUSE, AMINI ISLAND, U.T OF LAKSHADWEEP,
                        PIN - 682552

      2                 NISAR PATHUMMATHADA
                        AGED 43 YEARS
                        S/O.HAMZAKOYA P AMINI, LAKSHADWEEP, PIN - 682552

      3                 SAYED YOUSUF KOYA THANGAL
                        AGED 77 YEARS
                        S/O.KUNHIKOYA THANGAL, MADALAPPURA, AMINI,
                        PIN - 682552

                        BY ADV.SRI.LAL K.JOSEPH
                        BY ADV.SRI.P.MURALEEDHARAN (THURAVOOR)
                        BY ADV.SMT.T.A.LUXY
                        BY ADV.SRI.SURESH SUKUMAR
                        BY ADV.SRI.KOYA ARAFA MIRAGE
                        BY ADV.SRI.ANZIL SALIM
                        BY ADV.SRI.SANJAY SELLEN
                        BY ADV.SRI.AKASH GEORGE
                        BY ADV.SMT.AMJANA MUMTHAZ P.


RESPONDENT(S)/RESPONDENTS AND 2ND PETITIONER:

      1                 UNION OF INDIA
                        AREA, CENTRAL SECRETARIAT,
                        NEW DELHI, PIN - 110001
 W.A.Nos.1081, 1082,                      :: 8 ::
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                                                              2025:KER:49715



    2                 THE ADMINISTRATOR
                      OFFICE OF THE LAKSHADWEEP ADMINISTRATOR,
                      KAVARATTI, UNION TERRITORY OF LAKSHADWEEP,
                      PIN - 682555

    3                 THE LAND ACQUISITION COLLECTOR
                      ADDITIONAL DISTRICT MAGISTRATE, UNION TERRITORY
                      OF LAKSHADWEEP, LAKSHADWEEP ADMINISTRATION,
                      COLLECTORATE, KAVARATTI, PIN - 682555

    4                 SAYYID FATHAHULLA MUTHUKOYA THANGAL
                      AGED 80 YEARS
                      S/O.LATE SAYYID ABOOSALIH KUNHIKOYA THANGAL,
                      PATHUMMATHADA HOUSE, AMINI ISLAND, U.T OF LAKSHADWEEP,
                      PIN - 682552

                      BY SRI.R.V.SREEJITH, STANIDNG COUNSEL
                      BY ADV.SRI.ARUN.B.VARGHESE



         THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
   02.07.2025 ALONG WITH W.A.NO.1081 OF 2025 AND CONNECTED
   CASES, THE COURT ON 08.07.2025 DELIVERED THE FOLLOWING:
 W.A.Nos.1081, 1082,                   :: 9 ::
1089 & 1090/25




                                                               2025:KER:49715


                                                                     "C.R."


                                JUDGMENT

Dr. A.K. Jayasankaran Nambiar, J.

The petitioners in W.P.(C).Nos.35537 of 2024, 203 of 2025, 4432

of 2025 and 6775 of 2025 are the appellants in these writ appeals that

impugn the common judgment dated 02.04.2025 of a learned Single

Judge in the writ petitions.

2. The brief facts necessary for the disposal of these writ appeals

are as follows:

The appellants had approached the writ court aggrieved by the

fixation of the multiplication factor as 1 [one] for calculating the market

value of the lands situated in Lakshadweep, that were acquired from

them by the Lakshadweep Administration in terms of the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation

and Resettlement Act, 2013 [hereinafter referred to as the "2013 Act"].

It was their contention in the writ petitions that while the market value

of the lands acquired from them had to be determined in accordance

with Section 26(2) read with the First Schedule to the 2013 Act, the

Land Acquisition Collector had erroneously/arbitrarily taken the

multiplication factor as 1 [one] for calculating the market value, by W.A.Nos.1081, 1082, :: 10 ::

1089 & 1090/25

2025:KER:49715

ignoring the multiplication factor stipulated in Sl.No.2 of the First

Schedule. Other grounds of challenge, including the legality of the

delegation of the powers of the Appropriate Government to the Land

Acquisition Collector, and the reasonableness of the classification of the

area where the lands were situated as 'urban', for the purposes of

determining the multiplication factor, were also raised in the writ

petitions.

3. The learned Single Judge, who considered the writ petitions,

after rejecting the contention of the writ petitioners regarding the

legality of the delegation of powers of the appropriate Government to

the Land Acquisition Collector and the notification issued by the latter,

proceeded to consider the challenge to the fixation of the multiplication

factor as 1 [one]. The said issue was answered at paragraphs 7 and 8

of the impugned judgment as follows:

"7. The only other question is whether Ext.P5 has been issued in accordance with the provision contained in the First schedule to the Act. The counsel for the petitioners contended that going by serial No.3 to the First Schedule the factor has to be fixed based on the distance of the project from the urban area and since the Union Territory of Lakshadweep is not an urban area, the factor cannot be fixed as 'one' as provided under serial No.3 of the First Schedule. It is submitted that there has been no consideration of the basis, which is to determine the factor as per serial No.2 of the First Schedule. It is further submitted that since the entire Lakshadweep area is in a rural area the multiplication factor should have been 'two' since no distance can be drawn between an urban area and rural area in the case of Lakshadweep. The Standing Counsel on the other hand submitted that the power is available to the appropriate Government to fix any factor between 1 and 2 and there is no prohibition for fixing 'one' as the factor. It is submitted that fixing 'one' as the factor is also justified by the fact that even though the Union Territory of Lakshadweep is not treated as an urban area for any other purpose it has all the characteristics of an urban area going by the density of population and other factors which have been explained in the counter affidavit. Details of the total population in the total area and the manner in which it is comparable to urban areas have been explained. It W.A.Nos.1081, 1082, :: 11 ::

1089 & 1090/25

2025:KER:49715

is stated that the road network density in Lakshadweep is the fourth highest in India and in terms of other infrastructure facilities, Lakshadweep has an Airport at Agatti Island and all the Islands of Lakshadweep are well equipped with healthcare facilities, Government Educational Institutions and Ships.

8. The contention of the counsel for the petitioners cannot be accepted for the reason that there is power available to the appropriate Authority to fix any factor between 1 and 2 and there is no prohibition to having 'one' as the factor if there is sufficient justification for the same. If an urban area is to be determined by the nature of the area and not by the mere reason that it is called an urban area for the purposes of further enactments, there can be no objection to fix the multiplication factor as 'one'. I do not find any illegality on the criteria in fixation of the multiplication factor. No sufficient grounds are made out for warranting interference by this Court in exercise of the extraordinary jurisdiction under Article 226 of the Constitution of India."

4. In the appeals before us, although various contentions are

raised by Sri. Lal K. Joseph, the learned counsel for the appellants,

challenging the findings of the learned Single Judge in the impugned

judgment, the primary issue urged was with regard to the legality and

reasonableness of adopting 1 [one] as the multiplication factor, while

determining the market value of the lands acquired. In particular, it is

pointed out that the First Schedule to the 2013 Act makes a clear

distinction between 'rural' and 'urban' areas, and for determination of

the multiplication factor, they are covered by separate Sl.Nos. under

the Schedule. While Sl.No.3 deals with urban areas, Sl.No.2 deals with

rural areas. It is pointed out that in the notification dated 07.02.2024

published by the Land Acquisition Collector, notifying the multiplication

factor, the power expressly invoked is that under Sl.No.2 of the First

Schedule. The learned counsel therefore contends that the respondents

have virtually admitted that the area where the acquired lands were

situated was a rural area.

 W.A.Nos.1081, 1082,                    :: 12 ::
1089 & 1090/25




                                                                 2025:KER:49715

5. It is the further contention of the learned counsel, by placing

reliance on the additional documents produced by him through I.A.No.2

of 2025 in W.A.No.1090 of 2025, that while the Union Government has

treated Lakshadweep as a rural area for various welfare schemes, the

guidelines dated 28.12.2017 issued by the Union Government in the

Ministry of Road Transport and Highways [MORTH] has, in connection

with land acquisition proceedings under the National Highways

Authority of India Act [NHAI Act], clarified that the multiplication

factor in the case of rural areas in the Union Territories [other than

Puducherry] shall be taken as 2 [two]. It is his submission therefore

that the fixation of the multiplication factor for lands acquired in

Lakshadweep should be taken as 2 [two] instead of 1 [one].

6. Per contra, it is the submission of Sri.R.V. Sreejith, the learned

counsel for the respondents, relying on the counter affidavit filed to

I.A.No.2 of 2025 in W.A.No.1090 of 2025, that in an intra-court appeal,

the appellate court ought not to interfere with the impugned judgment

of the learned Single if the view taken therein is a possible one.

Pointing to the documents produced by the appellants in the appeal, it

is submitted that the said documents, not having been produced in the

writ petition, ought not to be looked into for deciding the appeals.

Alternatively, it is contended that the MORTH guidelines issued in

connection with the acquisitions under the NHAI Act cannot apply to

lands in Lakshadweep since there are no highways in Lakshadweep. As

regards fixation of the multiplication factor, he submits that in as much W.A.Nos.1081, 1082, :: 13 ::

1089 & 1090/25

2025:KER:49715

as the First Schedule to the 2013 Act, under Sl.No.2 therein, confers

the discretion on the Land Acquisition Collector to fix the multiplication

factor between 1 [one] and 2 [two], the fixation of the multiplication

factor as 1 [one] cannot be faulted, as already found by the learned

Single Judge.

7. We have considered the rival submissions and gone through

the pleadings in the appeals, as also the precedents cited before us by

either side. At the very outset, we may observe that we have no doubt

in our minds as regards the limits of the jurisdiction that we are called

upon to exercise. If we did find that the view taken by the learned

Single Judge was a possible view, against the backdrop of the statutory

provisions, we would not have interfered with the same. On the facts of

these cases, while we concur with the findings of the learned Single

Judge on the issue of legality of the delegation of the powers of the

Appropriate Government to the Land Acquisition Collector, we cannot

find it in ourselves to agree with the findings of the learned Single

Judge on the aspect of legality and reasonableness of the fixation of 1

[one] as the multiplication factor in these cases. We also cannot accept

the submissions of the learned counsel for the respondents that we are

forbidden from looking into the additional documents produced by the

appellant in the appeals. The respondents were given due opportunity

to counter the arguments based on the said documents, and they have

also filed a counter affidavit to the I.A along with which the documents

were produced. Under those circumstances, the appeals have to be W.A.Nos.1081, 1082, :: 14 ::

1089 & 1090/25

2025:KER:49715

seen merely as a continuation of the lis that commenced before the writ

court.

8. Sections 26(1) and (2) and Sl. Nos.2 and 3 under the First

Schedule to the 2013 Act read as under:

Section 26 (1) and (2):

26. Determination of market value of land by Collector:-

(1) The Collector shall adopt the following criteria in assessing and determining the market value of the land, namely:-

(a) the market value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) for the registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or

(b) the average sale price for similar type of land situated in the nearest village or nearest vicinity area; or

(c) consented amount of compensation as agreed upon under sub-section (2) of section 2 in case of acquisition of lands for private companies or for public private partnership projects,

whichever is higher:

Provided that the date for determination of market value shall be the date on which the notification has been issued under section 11.

Explanation 1. - The average sale price referred to in Clause (b) shall be determined taking into account the sale deeds or the agreements to sell registered for similar type of area in the near village or near vicinity area during immediately preceding three years of the year in which such acquisition of land is proposed to be made.

Explanation 2. - For determining the average sale price referred to in Explanation 1, one-half of the total number of sale deeds or the agreements to sell in which the highest sale price has been mentioned shall be taken into account.

Explanation 3. - While determining the market value under this section and the average sale price referred to in Explanation 1 or Explanation 2, any price paid as compensation for land acquired under the provisions of this Act on an earlier occasion in the district shall not be taken into consideration.

Explanation 4. - While determining the market value under this section and the average sale price referred to in Explanation 1 or Explanation 2, any price paid, which in the opinion of the Collector is not indicative of actual prevailing market value may be discounted for the purposes of calculating market value.

(2) The market value calculated as per sub-section (1) shall be multiplied by a factor to be specified in the First Schedule .

(emphasis supplied) W.A.Nos.1081, 1082, :: 15 ::

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2025:KER:49715

Sl.Nos.2 and 3 of the First Schedule:

THE FIRST SCHEDULE

[See Section 31(2)]

COMPENSATION FOR LAND OWNERS

The following components shall constitute the minimum compensation package to be given to those whose land is acquired and to tenants referred to in Clause (c) of Section 3 in a proportion to be decided by the appropriate Government.

_______________________________________________________________________ Serial Component of compensation Manner of determination Date of No. package in respect of land of value determination acquired under the Act of value _____________________________________________________________________________________________ (1) (2) (3) (4) _____________________________________________________________________________________________

1. xxxx xxxxx xxxxxx

2. Factor by which the market 2.00 (Two) based on the distance value is to be multiplied in of project from urban area, as the case of rural areas may be notified by the appropriate Government.

3. Factor by which the market 1 (One) value is to be multiplied in the case of urban areas (Emphasis supplied)

9. It is apparent from a reading of the above statutory provisions

that, if an area is found to satisfy the criteria for declaration as an

urban area, then the notification of the multiplication factor would have

been as 1 [one], which is the factor prescribed under Sl.No.3 for urban

areas. When it comes to rural areas, however, it is Sl.No.2 that will

apply and the multiplication factor can be fixed between 1 [one] and 2

[two] based on the distance of the project from the urban area. The

underlined words are to be taken note of, for, it provides the criteria for

choosing a multiplication factor between 1 [one] and 2 [two]. In other

words, if the area of acquisition is situated in close proximity to an

urban area then the multiplication factor would be fixed closer to 1

[one] or as 1 [one] itself. However, as the distance between the area of

acquisition and the urban area increases, the multiplication factor also W.A.Nos.1081, 1082, :: 16 ::

1089 & 1090/25

2025:KER:49715

has to increase and move towards the other terminus of 2 [two]. The

important aspect to note, however, is that the criteria for choosing a

multiplication factor between 1 [one] and 2 [two], being the distance of

the acquisition area from the urban area, there has to be a notified

urban area from where that distance can be measured. In the appeals

before us, it is the admitted case that there is no urban area notified in

Lakshadweep. Even assuming, as the learned Single Judge did, that the

project area had all the trappings of an urban area, the fact that the

Land Acquisition Collector did not invoke Sl.No.3 that deals specifically

with urban areas, and the multiplication factor for such areas, would

prevent the respondents from adopting the multiplication factor of 1

[one] for the acquisition area in the instant cases.

10. We also take note of the fact that the documents produced by

the appellants clearly indicate that Lakshadweep has been treated as a

rural area for the welfare schemes of the Union Government, as also by

the MORTH for the purposes of determining compensation under the

NHAI Act. Under such circumstances, it would be unreasonable and

unfair to fix a multiplication factor as applicable to urban areas solely

for the acquisition under the 2013 Act. In the absence of a notified

urban area in Lakshadweep from where the distance to the project area

can be measured for the purposes of Sl.No.2 under the First Schedule

to the 2013 Act, the project area had to be treated as a rural area and

the multiplication factor taken as 2 [two]. It might be apposite to note

in this connection that vide notification S.O.425(E) dated 09.02.2016, W.A.Nos.1081, 1082, :: 17 ::

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2025:KER:49715

the Central Government has notified that in case of rural areas, the

factor by which the market value is to be multiplied shall be 2 [two].

11. We therefore set aside the impugned judgment of the

learned Single Judge, to the extent it upholds the fixation of the

multiplication factor as 1 (One) and allow these appeals by quashing

the notification dated 07.02.2024 of the Land Acquisition Collector and

declaring that the appellants are entitled to the fixation of market value

of the lands acquired from them by adopting the multiplication factor of

2 [two] in terms of Sl.No.2 under the First Schedule to the 2013 Act.

The Writ Appeals are allowed as above.

Sd/-

DR. A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

                                                  P.M.MANOJ
                                                    JUDGE
prp/
   W.A.Nos.1081, 1082,              :: 18 ::
  1089 & 1090/25




                                                            2025:KER:49715




                        APPENDIX OF W.A.NO.1081/2025


PETITIONER'S ANNEXURES:


ANNEXURE A1               THE   TRUE   COPY    OF    THE     RURAL    URBAN
                          CLASSIFICATION   FOR    CENSUS,     2021    DATED
                          04.09.2018.
   W.A.Nos.1081, 1082,              :: 19 ::
  1089 & 1090/25




                                                       2025:KER:49715




                        APPENDIX OF W.A.NO.1082/2025


PETITIONER'S ANNEXURES:


ANNEXURE A1               TRUE COPY OF THE RURAL URBAN CLASSIFICATION
                          FOR CENSUS, 2021 DATED 04.09.2018
   W.A.Nos.1081, 1082,              :: 20 ::
  1089 & 1090/25




                                                       2025:KER:49715




                        APPENDIX OF W.A.NO.1089/2025


PETITIONER'S ANNEXURES:

ANNEXURE A1               TRUE COPY OF THE RURAL URBAN CLASSIFICATION
                          FOR CENSUS 2021 DATED 04.09.2018
   W.A.Nos.1081, 1082,              :: 21 ::
  1089 & 1090/25




                                                       2025:KER:49715




                        APPENDIX OF W.A.NO.1090/2025




PETITIONER'S ANNEXURES:

ANNEXURE A1               THE   TRUE   COPY    OF    THE  RURAL  URBAN
                          CLASSIFICATION   FOR    CENSUS,  2021  DATED
                          04.09.2018
ANNEXURE A2               THE TRUE COPY OF THE REPLY DATED 10.10.2024
                          OF THE RTI APPLICATION SENT BY ONE OF THE
                          ISLANDERS.
ANNEXURE A3               THE TRUE COPY OF THE LETTER NO. NH-

11011/30/2015-LA DATED 28.12.2017 ISSUED BY THE MINISTRY OF ROAD TRANSPORT & HIGHWAYS TO THE 2ND RESPONDENT ANNEXURE A4 THE TRUE COPY OF THE EAC-PM WORKING PAPER SERIES NUMBERED AS EAC-PM/WP/15/2023 DATED MARCH, 2023

RESPONDENTS ANNEXURES:

ANNEXURE R3(a) TRUE COPY OF THE RELEVANT NOTE FILE. ANNEXURE R3(a) TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTE FILE.

//TRUE COPY//

P.S. TO JUDGE

 
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