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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, P.M.MANOJ
Mohammedali, S/o. Late Kadiri Master – Appellant
Versus
Union Of India, Represented By Secretary To The Government, Ministry Of Rural Development – Respondent
| Table of Content |
|---|
| 1. fixation of multiplication factor for land valuation. (Para 2) |
| 2. court's observations on legality and reasonableness of multiplication factor. (Para 3 , 7 , 8 , 10) |
| 3. arguments regarding classification of land as rural. (Para 4 , 5 , 6) |
| 4. determination of multiplication factor based on urban area criteria. (Para 9) |
| 5. final ruling on the multiplication factor. (Para 11) |
JUDGMENT :
(A.K. Jayasankaran Nambiar, J.)
The petitioners in W.P.(C).Nos.35537 of 2024, 203 of 2025, 4432 of 2025 and 6775 of 2025 are the appellants in these writ appeals that impugn the common judgment dated 02.04.2025 of a learned Single Judge in the writ petitions.
2. The brief facts necessary for the disposal of these writ appeals are as follows:
The appellants had approached the writ court aggrieved by the fixation of the multiplication factor as 1 [one] for calculating the market value of the lands situated in Lakshadweep, that were acquired from them by the Lakshadweep Administration in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [hereinafter referred to as the “2013 Act”]. It was their contention in the writ petitions
The absence of a notified urban area in Lakshadweep necessitates treating the land as rural, thus a multiplication factor of 2 is justified for compensation calculations.
The Administrator of Lakshadweep has the authority to delegate powers for fixing land value multiplication factors, and setting it at 'one' is justified based on the area's characteristics.
The authorities have discretion to fix the multiplication factor for land acquisition value under the relevant statutory framework.
The court ruled that in land acquisition, established multiplication factors must be adhered to, as deviating from them unlawfully denies rightful compensation.
The Court affirmed that compensation in land acquisition cases must reflect true market value independent of the claimant's request, emphasizing the duty to assess fair compensation using proper valu....
The market value of the acquired land can be determined by considering evidence such as sale deeds and witness testimonies, and making reasonable deductions for developmental costs.
The court affirmed that the doctrine of stare decisis applies, and legal principles declared by courts generally have retrospective effect unless explicitly stated otherwise.
The court mandates adherence to the prescribed multiplying factor for land compensation as stipulated in legislation.
Market value in land acquisition cases must reflect current assessments by expert committees rather than outdated valuations, ensuring fair compensation aligns with statutory requirements.
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