Point of Law: District Collector shall not go by tenure of property reflected in Ext.P11 but will determine its market value based on stipulations in Section 26(1)(b) of Fair Compensation Act.

JUDGMENT :

DEVAN RAMACHANDRAN, J.

1. Every acquisition of land invariably fosters apprehension in the minds of its owners that they would be left high and dry, without being offered the eligible statutory compensation.

2. The petitioner in this case also fears so and thus calls into question before me the action of the competent Authority under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the Fair Compensation Act’ for brevity); thus pleading that this Court affirmatively declare the operational purlieus of Section 26 thereof.

3. The petitioner has approached this Court impugning Exts.P11 notice issued to her, calling for her claims to compensation, under the provisions of Section 21 of the ‘Fair Compensation Act’ relating to a property which has been acquired from her, for the purpose of Kochi Metro Rail Ltd (KMRL for short).

4. Sri. T.R.S. Kumar - learned counsel for the petitioner, asserts that description of his client’s property in Ext.P11, as ‘Wet Land’ is egregiously improper and incorrect because, even though it may have been so in the distant past - which has caused it to be so shown in the Revenue Records - for the last several decades, it has been remaining as ‘Dry Land’ on which several constructions and developments have taken place. He submits that, therefore, the Authority competent to fix compensation and to issue the Award under the ‘Fair Compensation Act’ cannot rely on the categorisation and classification of the property in the Revenue Records, but is obligated to act as per Section 26 of the said Act; which mandates determination of the present and prevailing market value of the property, notwithstanding its tenure recorded therein.

5. The afore submissions of the learned counsel for the petitioner were answered by Sri. Jafer Khan - learned Government Pleader, relying upon a statement filed by the 4th respondent, wherein, Annexure-R4(a) proceedings of the District Collector has been appended to. He argued that, as is limpid from Annexure-R4(a), dated 06.11.2021, the property of the petitioner - as also the other properties involved in acquisition - has not been subjected to an assessment of its market value based solely on the Revenue Records or even on the Fair Value Notification; but that documents of comparable properties were taken into account, leading to the categorisation of the various lands acquired into different classes, based on its essential physical and infrastructural attributes and its values fixed accordingly. He submitted that, therefore, the apprehension of the petitioner, that her property will be assessed only as a ‘Wet Land’ merely because its tenure has been so shown in the Revenue Records, is without any basis. He thus prayed that this Writ Petition be dismissed.

6. Sri. Jaju Babu - learned Senior Counsel, instructed by Smt. M.U. Vijayalakshmi, learned Standing Counsel for the KMRL, submitted that though his client has no role to play in the controversy projected in this Writ Petition, they are concerned because, on account of the pendency of this case and the interim order issued, the work with respect to the construction of the Metro line has been held up in the stretch in question. He thus submitted that, therefore, this Court may evaluate the contentions of the petitioner, as is necessary in law; but may permit the KMRL to take advance possession of her property, so that the work may not be impeded.

7. In reply, Sri. T.R.S. Kumar responded saying that though his client is willing to handover possession of her property to the KMRL, the adjudication of its value by the competent Authority - based on the mandatory requirements under Section 26 of the ‘Fair Compensation Act’ may be directed to be completed without any avoidable delay, so that she can then obtain further recourse.

8. I have evaluated and considered the afore submissions from the touchstone of the various materials available on recor