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2024 Supreme(Ker) 430

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J.
R. Asokan, S/o. Raghavan – Appellant
Versus
State Of Kerala – Respondents
WP(C) No. 26234 of 2023
Decided on : 19-04-2024

Advocates:
Advocate Appeared:
For the Appellant : P.A.MOHAMMED SHAH, RENOY VINCENT, SHAHIR SHOWKATH ALI, CHELSON CHEMBARATHY, ABEE SHEJIRIK FASLA N.K MUHAMED JUNAID V., ADITH KRISHNAN.U., FATHIMA AFEEDA P.

IMPORTANT POINT
The main legal point established in the judgment is the importance of following the procedures established by law in land acquisition cases, and the obligation of the government to pay adequate compensation to citizens in accordance with the law.

Headnote:

Land Acquisition - Kottayam Corridor Project - LARR Act 2013 - The court found that the government's action in acquiring the properties without following due process of law and without payment of compensation was arbitrary and violative of the constitutional rights guaranteed to the petitioners under Articles 14, 19, 21 and 300A of the constitution of India. The court directed the respondents to grant compensation for the land taken over from the petitioners by initiating proceedings as per the provisions under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the value of the land will be assessed as it prevailed on the date on which Section 4 notification is published in the Official Gazette. The court also emphasized the importance of following the procedures established by law in land acquisition cases.

Fact of the Case:

The petitioners owned land in Kottayam District and surrendered portions of their land for the 'Kottayam Corridor Project' based on assurances given by the government. However, the government retracted from its promises and imposed conditions for compensation, leading the petitioners to approach the court.

Finding of the Court:

The court found that the government's actions were arbitrary and violative of the petitioners' constitutional rights. It directed the respondents to initiate proceedings as per the provisions of the LARR Act 2013 and to assess the land value as it prevailed on the date of the Section 4 notification, and to pay compensation to the petitioners within a specified timeframe.

Issues: The main issue was whether the government's actions in acquiring the land without following due process of law and without payment of compensation were in accordance with the law.

Ratio Decidendi: The court emphasized the importance of following the procedures established by law in land acquisition cases and held that the government's decision to pay compensation based on the value of the land as on the date of taking possession, which was almost a decade back, was arbitrary and unjust.

Final Decision: The court directed the respondents to grant compensation for the land taken over from the petitioners by initiating proceedings as per the provisions under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and to assess the land value as it prevailed on the date on which Section 4 notification is published in the Official Gazette. The petitioners were also allowed to pursue statutory remedies for further enhancement of compensation.

 

The above writ petition is filed seeking to declare that the action on the part of the respondents in acquiring the properties of the petitioner for the ‘Kottayam Corridor Project' without following due process of law and without payment of compensation amount is arbitrary, illegal and violative of the fundamental rights and constitutional rights guaranteed to the petitioner under Articles 14, 19, 21 and 300A of the constitution of India and for other consequential reliefs.

2. Brief facts necessary for the disposal of the writ petition are as follows: Petitioners are absolute owners in possession and enjoyment of different extents of land in Nattakam and Panachikkadu Village in Kottayam District, as is evident from Exts.P1 to P4. The 1st respondent formulated a project by the name 'Kottayam Development Corridor' as part of a larger proposal for the development and expansion of the town. The 1st respondent after realizing that such project would require full co-operation and voluntary surrender by the land owners, called for a meeting on 08.10.2011 and on the basis of the promises and assurances given by the respondents that their demand for conversion of the remaining extent of land after the surrender, would be accepted, the petitioners granted permission for effecting construction in their property and surrendered the following extent of property:

Petitioners

Total extent of land (ares)

Surrendered extent of land (ares)

Survey No.

Petitioner No.1

33.53

10.27

232/3-3

Petitioner No.1

44.94

6.12

233/1-5

Petitioner No.2

63.55

31.21

231/3-6,3-5,3-7

Petitioner No.2

29.12

17.46

231/3-3

Petitioner No.3

122.80

42.79

234/3

Petitioner No.4

96.75

32.47

2/1

By Ext.P5 minutes of the meeting which was attended by the Minister and the other officials wherein it was reiterated that the land owners surrendering the lands will be permitted to convert an equal extent of their remaining lands and that exemption will be granted for effecting changes in the BTR records to enable change in the zoning for carrying out the project. While so, Ext.P6 order was issued by the 1st respondent stating that those land owners who have surrendered their whole extent of land will be allotted with Government land to an extent of 50% of the total surrendered land and such of the land owners who have surrendered a portion of their holdings will be allowed to convert paddy land (excluding wetland)to an extent of 50% of the land which they have surrendered to State Government. Petitioners submit that a conjoint reading of Exts.P5 and P6 would clearly denote that respondent No.1 reneged on its initial promise to the landowners and instead of allowing them to convert an equal extent of the surrendered property for construction, the new order stipulated that the landowners including the petitioners herein would only be allowed to convert 50% of the surrendered land for construction purposes. Despite the unilateral modification, petitioners decided not to raise any objection against Ext.P6. Even thereafter, no action was taken from the side of the 1st respondent. Consequently, one of the affected landowners approached this Court by filing WP(C) No.33882/2015, which was disposed of as per Ext.P7 judgment directing the Government to implement Ext.P6 order. Even after a direction was issued as per Ext.P7, no steps were taken to implement the same and the petitioners therein were constrained to approach this Court by filing CCC No.2135/2016. While contempt of court proceeding was pending, the 1st respondent issued Ext.P8 order holding that change of character of remaining lands of persons who have surrendered portions of their lands for road widening cannot be permitted as the same will be in violation of the provisions of the Kerala Conservation of Paddy Land and Wet Land Act, 2008. It was further ordered as per Ext P8 that the second condition which stipulates that persons who have surrendered the land will be provided with alternate land having an extent of 50% of the surre

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