Landowners are entitled to equal compensation for lands acquired under the same notification, regardless of the act under which the acquisition is processed, ensuring compliance with constitutional rights.

JUDGMENT :

Easwaran S., J.

These appeals have presented before us certain unique facts. On the one hand, the State as well as the requisitioning authority contend that the amount of compensation granted by the reference court is on the higher side, whereas on the other hand, the claimants contend that the amount fixed by the land acquisition officer is dismally low and it was therefore that the reference under Section 18 of the erstwhile Land Acquisition Act, 1894 was sought and the same was answered in their favour. The facts are unique in the sense that in respect of a single cause for land acquisition covered by one notification, land owners are differentiated on two different criteria;

(a) the award passed under the erstwhile Land Acquisition Act, 1894 and (b) the award passed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [Act 30 of 2013]. Different market values are fixed for the same category of lands acquired for the very same purpose albeit under two different enactments.

Facts of the case

2. A total extent of 105.27 hectares of land was sought to be acquired for establishment of a “Life Science Park” on request of the Kerala State Industrial Development Corporation ('KSIDC', for short). Section 4(1) notification was published on 14.10.2008 and award was passed on 21.11.2011. Possession was taken on 16.01.2012. The land acquisition officer categorised the land into six categories as follows:

The land acquisition officer relied on the basic document, Sale Deed No.2083/2008 dated 15.4.2008. In these appeals, we are concerned with category Nos. 2, 3, and 5. The land value fixed by the land acquisition officer for these categories is Rs.1,88,461/-, Rs.1,38,273/- & Rs.88,149/-, respectively. The reference court relied on sale deed No.925/2008 dated 15.4.2008 and refixed the land value at Rs.3,83,083/- for category No.2 and Rs.3,55,730/- for category No.3. The appeals arising out of the proceedings under the erstwhile Land Acquisition Act, 1894 are detailed as below:

3. As stated above, certain tracts of land were not subjected to any proceedings under the erstwhile Land Acquisition Act, 1894, but award was passed after the promulgation of Act 30 of 2013 on 3.11.2017. The land acquisition officer followed the categorization for the purpose of the acquisition under the new Act as well and determined the compensation, accordingly. In these appeals, we are concerned about category Nos.2, 3, 4, 5 & 6. The value fixed by the land acquisition officer for these categories is as follows:

Dissatisfied with the fixation of the market value, the claimants sought reference under Section 64