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2024 Supreme(Ker) 389

A. MUHAMED MUSTAQUE, M. A. ABDUL HAKHIM
State of Kerala – Appellant
Versus
V. J. Mathew S/o Varkey Joseph – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T.K. Shajahan.
For the Respondents: C.P. Wilson, Manu Vyasan Peter, Rose Michael, P.B. Krishnan, P.B. Subramanyan, Sabu George, K. Jayakumar.

 

 

1. These appeals are filed under Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [for short the “Act 30 of 2013”]. The common question involved in all these cases is how the value has to be determined under Section 26 of the Act 30 of 2013.

L.A.A. Nos. 46/2019 and 107/2019:

2. These appeals are filed by the claimant and the State respectively. On a reference under Section 64 of the Act 30 of 2013, the reference authority the Additional District Judge, Ernakulam, enhanced the market value. The claimant V.J. Mathew was the owner of 2.06 Ares of land in Ernakulam Village in the heart of Ernakulam town. This was acquired pursuant to the notification issued under Section 4(1) of the Land Acquisition Act, 1894 dated 25/12/2012 for the purpose of Seematti Corridor of the Metro Rail Project. The Land Acquisition Officer passed an award under Section 24(1) of the Act 30 of 2013 on 5/4/2017 awarding Rs. 52,12,721/- per Are and also awarded compensation of Rs. 21,52,784/- for the structural value. The land value was enhanced by the reference court to a sum of Rs. 3,82,66,253/-. The reference court also awarded a 12%

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