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P. VELMURUGAN
K. Kodeeswaran – Appellant
Versus
Special District Revenue Officer/ Land Acquisition Officer – Respondent
ORDER :
The petitioner(s) had filed the present Writ Petition seeking to issue a Writ of Certiorarified Mandamus to call for the records from the fifth respondent relating to the issue of G.O.(Ms).No.29, Revenue and Disaster Management Department, Land Administration Wing (LA-1(1)) Section, dated 24.01.2019 and from the first respondent relating to the issue of the Award No.4/2017 (L.C.No.184) in No.878/B4/2022, dated 15.09.2022, (actually served on the petitioner on 30.05.2023), in respect of the petitioners lands having an extent of 80 Sq.Mt. situated in T.S.No.J/29/2-3 in Maravaneri Village, Salem Taluk and District, acquired by the first respondent, quash the same and consequently to direct the first respondent to pass a fresh award truly in accordance with the mandate of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and to pay the petitioners the Award amount so passed afresh along with appropriate interest in accordance with the said Act and compounding the same for every 6 months period after a year of takin
The court affirmed that compensation for land acquisition must be based on legally established values, ensuring equity, and mandated interest payment from the date of possession, adhering to statutor....
The court ruled that additional compensation under Section 30(3) must be calculated on the total market value, including multiplication factors, and interest under Section 80 applies to unpaid amount....
Section 30(3) entitles landowners to additional compensation @ 12% on market value, calculated with any applicable multiplication factors, as determined under the Right to Fair Compensation and Trans....
The additional compensation under Section 30(3) must be computed on the total market value including any multiplication factor as per the Right to Fair Compensation Act.
Additional compensation under Section 30(3) of the 2013 Act includes the total market value calculated with a multiplication factor, reflecting the intent to compensate for fluctuations in land price....
Entitlement to additional compensation under Section 30(3) of the Act, 2013 must include multiplication factor in determining market value.
Landowners are entitled to additional compensation @ 12% on market value including the multiplication factor under Sections 26 and 30(3) of the Land Acquisition Act, reaffirming the need for statutor....
The assessment of compensation for land acquisition must prioritize the highest market value from relevant sale deeds and apply provisions of newer compensation regulations.
Point of Law : Section 28 empowers the courts, if it was enhancing the compensation awarded by the Collector, to award interest on the sum in excess of what the Collector had awarded as compensation.
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