The court ruled that the land acquisition officer's reliance on incorrect exemplars and the impermissible belting system necessitated a remand for fresh valuation under the new compensation framework.

JUDGMENT

[LA.App. Nos.13/2021, 132/2020, 84/2020, 81/2020, 169/2020, 125/2020, 122/2019, Cross Objection Nos.153/2022 in L.A.App.No.125/2020, 157/2022 in L.A.App.No.13/2021 & 94/2021 in L.A.App.No.169/2020]

Easwaran S., J.

These appeals relate to acquisition of land for the purpose of establishment of Industrial Park by the KINFRA at Mattannur, Kannur District.

2. L.A.Appeal Nos.125/2020 & 13/2021 by the State arise out of the judgment and decree dated 10.12.2018 passed by the Addl. Sub Court, Thalasseri in L.A.R Nos.385/2013 & 508/2013, respectively.

These appeals relate to acquisition of an extent of 0.0647 hectares of land comprised in re-survey No.30/3 (New No.30/40) of Kolari Village, Mettadi Desom of Thalassery Taluk and an extent of 2.1854 hectares of land comprised in re-survey No.43/1 of Keezhallur Village, Thalassery Taluk, respectively. Section 4(1) notification was issued on 13.8.2008 and award was passed by the land acquisition officer on 29.10.2011. The land acquisition officer adopted the belting system and categorised the land into category Nos.A, B and C. The value fixed by the land acquisition officer for category No.A is Rs.12,103/- per cent, whereas for category Nos.B and C, the value fixed was Rs.10,086/- per cent and Rs.8,068/- per cent, respectively. For fixing the land value, the land acquisition officer relied on document No.3100/2005 dated 22.12.2015, Ext.R1. Dissatisfied with the value fixed by the land acquisition officer, the claimants sought reference under Section 18 of the erstwhile Land Acquisition Act, 1894 . In support of their contentions, the claimants relied on Exts.A1 to A21 documents and examined AW1 and AW2. An Advocate Commissioner was taken out for local inspection and the said reports were marked as Exts.X1 and X2. The reference court found that the basic document relied on by the land acquisition officer cannot be considered as an exemplar and rejected the same, since as per the report of the Advocate Commissioner, Ext.X1, the land covered by the basic document is situated 4½ k.m. away from the land acquired, whereas the land covered by Exts.A11 to A15 documents were situated nearby. In the absence of any exemplars, the reference court undertook a guesswork and fixed the land value at Rs.37,000/- per cent in both the references (L.A.R Nos.385/2013 & 508/2013). Aggrieved by the said judgment and decree of the reference court dated 10.12.2018, the State has come up with L.A.Appeal Nos.125/2020 & 13/2021, whereas the claimants in the aforesaid LARs are before us seeking enhancement in Cross Objection Nos.153/2022 in L.A.App. No.125/2020 and 157/2022 in L.A.App.No.13/2021.

3. Heard Sri.T.K.Shajahan, the learned Senior Government Pleader; Sri.P.U.Shailajan, learned Standing Counsel for the KINFRA; Sri.K.V.Pavithran, the learned counsel appearing for the cross objectors/claimants in C.O.Nos.153/2022 in L.A.App. No.125/2020 and 157/2022 in L.A.App.No.13/2021; Sri.T.Ramesh Babu, learned counsel appearing for the appellants/claimants in L.A.App.Nos.169/2020, 84/2020 & 81/2020 and Sri.R.Surendran, the learned counsel appearing for the appellants/claimants in L.AApp.Nos.122/2019 & 132/2020.

4. On a consideration of the rival submissions raised across the bar and also on perusal of Exts.A11 to A15 and R1 documents, we are of the considered view that the land acquisition officer completely erred in arriving at the land value based on the document in respect of a land which is situated 4½ k.m. away from the land sought to be acquired. Still further, the land acquisition officer adopted the belting system, which is impermissible in view of the decision of the Supreme Court in Besco Limited v. State of Haryana & Ors [2023 SCC OnLine SC 1071]. Paragraph No.24 of the said judgment is extracted hereunder:

“24. The subject lands are acquired under one notification and the plan brought on record evidences the location and proximity to development in and around the acquired land. The belting of area for valua