STATE OF KERALA – Appellant
Versus
SANTHA V.R – Respondent
C.K.Abdul Rehim, Ag.CJ
The State Government and its officials are in appeal against
a common judgment of the Single Judge in three identical writ
petitions. The respondent in all the appeals are the writ
petitioners.
2.
The common contention agitated was that, while
passing the awards with respect to the lands acquired from the
respondents, the Land Acquisition Officer had failed to comply
with the mandates under Section 26 of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Re-settlement Act, 2013 (hereinafter referred
8
to as 'the Act' for short). To be precise, the writ petitioners
contended that, while fixing the land value the Land Acquisition
officer has adopted only the criteria stipulated in sub Clauses (a)
and (b) of Section 26(1) and failed to consider the criteria
prescribed under Clause (c) of the said Section. In this regard, it
is pointed out that the land value fixed by the land acquisition
officer in two of the cases is Rs.2,23,697.97/- and in one case is
Rs.2,21,131/-, per cent. Whereas it is pointed out that the
negotiated purchase value agreed upon by the 'State Level
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