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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, MR. JUSTICE EASWARAN S., JJ
State Of Kerala – Appellant
Versus
Jayadevan S/o Vasanthakumari – Respondent
JUDGMENT :
Easwaran S., J.
1. These appeals arise out of the judgments of the reference court answering the references under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [Act 30 of 2013] in respect of acquisition of lands for widening of Karamana-Kaliyikkavila National Highway in Thiruvananthapuram District. The State has come up in L.A.App.Nos.480, 481, 482, 488, 489, 490, 495, 498, 503, 505, 506, 507, 508, 509, 510, 511, 513, 517, 521, 523, 525, 526, 527, 530, 533, 534, 535, 537, 538, 539, 545, 556, 566 and 577 of 2022 aggrieved by the judgments of the Additional District Court-II, Thiruvananthapuram in granting enhancement of compensation to various land owners. The land owners, a few among those who had preferred the claim, have come up in L.A.App.Nos.232, 233 of 2021, 369, 430, 512, 514, 588, 594, 595, 609, 610 of 2022, 28, 52 of 2023 and 18 of 2024, dissatisfied with the grant of compensation by the reference court.
2. We shall consider the appeals preferred by the State Government, at first. The decision of ours in the appeals preferred by the State would have a bearing on the appeals preferred by t
The court emphasized the necessity for adherence to statutory procedures in determining compensation under the Act, allowing claimants to present additional evidence for enhanced compensation.
The court affirmed that previous awards in similar land acquisitions can be considered for determining market value under the Right to Fair Compensation Act, ensuring just compensation.
The court affirmed the necessity of just compensation in land acquisition cases, emphasizing adherence to statutory guidelines for market value determination and rehabilitation entitlements.
Compensation for land acquisition must be based on current market value, informed by recent sale transactions and relevant valuation reports.
The main legal point established in the judgment is that the appellant's appeal was not maintainable as the appellant had not sought leave of the court to file the appeal, as required by the Land Acq....
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