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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
Sarasamma – Respondent
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 re
The court established that uniform compensation must be awarded for land acquired under different acts for the same purpose, to ensure equality and uphold rights to just compensation.
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 r....
Market value of acquired land must reflect its potentiality and nature, with appropriate deductions for development costs applied.
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.
The court clarified the authority's competence to re-determine compensation, the method for determining the average sale price, and the award of additional market value for structures under Act 30 of....
The court established that severance compensation is justified when land acquisition adversely affects remaining property, and market value should be determined using available exemplars and guesstim....
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