Compensation for land value is mandatory under LARR Act even for lands exempt under KLR Act, asserting ownership and protection of property rights under Article 300A.

1. Heard Sri Ramesh Babu, Senior Advocate instructed by Sri.S.Ananthakrishnan for the petitioner, Sri M.H.Hanil Kumar, Special Government Pleader on behalf of respondents 1 to 5 Sri P.U.Shailajan, on behalf of the 6th respondent and Sri Joseph Kodianthara, Senior Advocate, instructed by Sri V. Abraham Markos for respondents 8 to 10.

2. The question to be decided in this writ petition is whether the land which was enjoying the exemption under S.81 of Chapter III of the Kerala Land Reforms Act (KLR Act) can be acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act , 2013 (LARR Act) by paying the value of improvements alone and without paying any compensation for the land value.

3. The petitioner owns property of an extent of 102.60 Acres in Re - Survey Numbers 30, 31, 39, 229 & 242 (Block No.1617 of Muttil South Village) along with other extents of property. The properties were purchased in 1944. The lands belonging to the petitioner were identified by the 6th respondent on 28.09.2006 for establishing a Mega Agro Food Park. The 6th respondent informed the 3rd respondent about their intention. On 15.11.2006, the 4th respondent District Collector addressed the Government on the above aspect. On 28.12.2006, the Government issued orders invoking the urgency clause for acquiring the land under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to '1894 Act'). The proposal to acquire was challenged by the petitioner in Writ Petition No.798/2007. The writ petition was disposed of on 30.03.2007 recording that no notification had been issued and reserving liberty to the petitioner to challenge the acquisition as and when a notification is issued. On 07.05.2007, the Government issued orders withdrawing the urgency clause and granting administrative sanction for acquiring the land under the provisions of the 1894 Act. On 31.07.2007, the petitioner submitted their objections before the 2nd respondent. On 21.01.2008, the petitioner filed WP(C) No.3022/2008, challenging the acquisition proceedings. The Writ Petition was dismissed by judgment dated 10.03.2011, holding that no interference is possible since there is a public purpose involved. However, the Court also held that before proceeding further, the final opinion of the Bio - diversity Board must be obtained. The petitioner challenged the judgment in Writ Appeal No.904/2011, and the proceedings were kept on hold based on an interim order granted by this Court. There was a discussion held in the Chambers of the Hon'ble Industries Minister on 12.02.2019, pending the Writ Appeal. The petitioner was informed that the original proposal for setting up the Mega Food Park has undergone change, and it has been decided to establish a Carbon Neutral Coffee and Mega Food Park, confining it to an area of 102.6 Acres, the extent with which this Writ Petition is concerned. The petitioner has stated that on 02.07.2019, in the budget speech, it was announced that Rs.150 Crores will be earmarked for the above purpose. On the same day, a Government Order was issued granting administrative sanction for acquiring an area of 102.6 Acres to establish the Carbon Neutral Coffee and Mega Food Park.

4. On 05.08.2019, the Managing Director of the 6th respondent wrote to the 4th respondent requesting to fix the land value for negotiated purchase. However, on 30.10.2019, the order dated 02.07.2019 issued by the Government was cancelled. Lat