IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
CHERIYAKOYA B – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) NO. 26428 OF 2025
| Table of Content |
|---|
| 1. petitioners challenged notification on multiplication factor. (Para 1 , 2) |
| 2. supreme court granted discretion to authorities for future multiplication factors. (Para 4 , 5) |
| 3. court quashed ext.p4, directing respondents to fix factor lawfully. (Para 6) |
JUDGMENT
The writ petition is filed with the following prayers.
“i) To issue a Writ of Certiorari or any other appropriate Writ or Order quashing Exbt P4 to the extent it fixed the multiplication fact as “1” alone ;
ii) To declare that the petitioners are entitled for the fixing the market value of the land by determining the multiplication factor as “2” while considering Exbt P3 reference request;
iii) Such other reliefs that may be granted by this Honourable court that may deem fit under the facts and circumstances of the case.”
2. It is not disputed that the petitioners are similarly situated as those mentioned in Ext.P1, who had challenged the notification insofar as it fixes a multiplication factor of '1'. Though the learned Single Judge dismissed the batch of writ petitions challenging Ext.P1 notification, by judgment in W.P.(C) No.35537 of 2024 and connected cases, dated 02.04.2025, the said judgment was reversed by the Division Bench in Writ Appeal No.1082 of 2025, dated 08.07.2025, to the extent it upheld the fixation of the multiplication factor as '1' and allowed the appeals. There was a further declaration that the appellants therein are entitled to the fixation of the market value of the lands acquired from them by adopting the multiplication factor of '2' in terms of Serial No.2 under the First Schedule to the 2013 Act.
3. The Union of India carried the matter in SLP No.
26883/2025, wherein the following order was passed.
“We are not inclined to interfere with the impugned judgment/order passed by the High Court insofar as the case on hand is concerned. The special leave petition is, accordingly, dismissed.
However, as rightly pointed out by the learned Additional Solicitor General appearing for the Union of India, it would be for the authorities concerned to exercise their discretion judiciously and fix the multiplication factor under the First Schedule to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 .
We, accordingly, leave it open to the authorities concerned to do so in the context of the Union Territory of Lakshadweep for future purposes by fairly and judiciously exercising their discretion under the First Schedule to the 2013 Act.
The Government would be at liberty to issue a fresh notification in this regard for future cases.
Pending applications(s), if any shall stand disposed of.”
4. The above order of the Honourable Supreme Court makes it clear that, though the impugned judgment therein was not interfered with, in future, the authorities were granted the discretion to fix the multiplication factor in accordance with the Act.
5. True, the learned counsel for the petitioners is right in submission that the petitioners are similarly situated as those in Ext.P1 notification and that the Division Bench had fixed the multiplication factor of '2'. However, going by the order passed by the Apex Court, it is clear that the authorities concerned were granted the liberty to exercise the discretion judiciously and to fix the multiplication factor under the First Schedule to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 . The Government has also granted permission to issue a fresh notification with respect to future cases.
6. Given the above, Ext.P4 notification is quashed. There will be a direction to the respondents to fix the multiplication factor in accordance with law. All the petitioners' contentions in that regard are kept open.
The writ petition is disposed of as above.
Sd/-
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