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A. K. JAYASANKARAN NAMBIAR, EASWARAN S.
C. K. aboobacker S/o. Mamu, Kanolimmal House – Appellant
Versus
Special Tahsildar (L. a. ) Thalassery, Kannur District – Respondent
JUDGMENT :
Easwaran S., J.
Efficacy of an award passed under the erstwhile Land Acquisition Act 1894 after the promulgation of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, Act 30 of 2013) has arisen for consideration in this appeal preferred by the claimant. Though the claimant sought reference under Section 18 of the erstwhile Land Acquisition Act, the Subordinate Judges court, Thalassery by judgment and decree dated 15.06.2020 upheld the award passed by the Collector, granted enhancement to the claimant and answered the reference in L.A.R. No.1 of 2016.
Aggrieved by the same the claimant is before us in appeal.
2. The brief facts for the disposal of the appeal are as follows: An extent of 0.1850 hectares of land comprised in Re-survey No.50/2 (New Survey No.50/7) of the Eruvatty village of Thalassery taluk was acquired for the purpose of establishing SV/IP Station of Gas Authority of India Limited. The Land Acquisition Officer awarded a total compensation of Rs.6,27,605/- (Rupees Six Lakhs Twenty Seven Thousand Six Hundred and Five only). Dissatisfied with the amount awarded by the Land Acquisition Offi
The award under the Land Acquisition Act, 1894 is void if passed after the enactment of the 2013 Act, and the right to just compensation under Article 300A cannot be waived.
Where Section 24(1)(a) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act) applies, i.e. where there is no Award on the date o....
State legislation cannot provide lesser compensation than that guaranteed under parliamentary law, rendering it repugnant and unconstitutional.
The right to property under Article 300A must be upheld through due legal processes; unlawful dispossession by state authorities mandates compensation per statutory requirements.
The duty to compensate upon land acquisition is a constitutional safeguard, ensuring no individual is deprived of property without legal due process and fair compensation, embodied in Article 300A.
The court emphasized that failure to follow mandatory procedures in land acquisition invalidates the award, highlighting the necessity of proper notifications and consideration of market value as per....
The court ruled that the State Land Acquisition Officer cannot shift the date for determining compensation; only higher courts possess that authority under Articles 32/142 of the Constitution.
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