Kerala High Court
State Of Kerala vs Indira Devi Amma on 17 July, 2025
LA.APP. NO. 263 OF 2022
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2025:KER:53558
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 17TH DAY OF JULY 2025 / 26TH ASHADHA, 1947
LA.APP. NO. 263 OF 2022
AGAINST THE AWARD DATED 30.11.2020 IN LAR NO.299 OF 2019 OF LAND
ACQUISITION REHABILITATION AND RE-SETTLEMENT AUTHORITY, ALAPPUZHA
APPELLANT/1ST RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE SPECIAL TAHSILDAR,
LA (RAILWAYS),KAYAMKULAM, PIN - 690502
BY SMT. REKHA C. NAIR, SR. GOVERNMENT PLEADER
RESPONDENTS/CLAIMANT & 2ND RESPONDENT:
1 INDIRA DEVI AMMA
VIJAYA NIVAS, CHERUTHANA, PIN - 690517
2 THE DEPUTY CHIEF ENGINEER (CONSTRUCTION II)
SOUTHERN RAILWAY,THIRUVANANTHAPURAM, PIN - 695584
R2 BY DSGI
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 17.07.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
LA.APP. NO. 263 OF 2022
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JUDGMENT
1. The State Government has filed this Land Acquisition Appeal under Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the LA Act, 2013').
2. This Appeal arises from the Land Acquisition Reference disposed of by the Land Acquisition Rehabilitation and Resettlement Authority, Alappuzha (hereinafter referred to as 'the Reference Authority') by an Award dated 30/11/2020.
3. The State Government initiated land acquisition proceedings under the Land Acquisition Act, 1894 (hereinafter referred to as 'the LA Act, 1894') to acquire 21.580 hectares of land spread in 9 villages, namely, Karumadi, Karuvatta, Cheruthana, Haripad, Thakazhi South, Thakazhi North, Kumarapuram, Ambalappuzha and Veeyapuram in Karthikappally, Ambalappuzha and Kuttanad Taluks for doubling the railway LA.APP. NO. 263 OF 2022 3 2025:KER:53558 track between Haripad and Ambalappuzha. Later, the total extent of land required for acquisition was reduced to 19.24.33 Hectares. The land involved in the present Reference is dry land in category No.A1 and category No.D situated in Cheruthana village. The description of category No.A1 is 'dry land with significant tar road access' and category No.D is 'dry land without road access'.
4. Section 4(1) Notification under the LA Act, 1894 is dated 24.06.2010. When the LA Act, 2013 came into force with effect from 01.01.2014, on the direction of the Government, the Land Acquisition Officer passed a temporary Award, fixing the land value @ Rs.98,205/- per Are for dry land with tar road access and @ Rs.70,147/- per Are for dry land without road access, as the Rules under LA Act, 2013 were not framed. After framing the Rules, the Land Acquisition Officer passed the final Award fixing land value @ Rs.1,01,122/- per Are for dry land with tar road access and @ Rs.72,856/- per Are for dry land without road access.
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5. The District Level Purchase Committee (DLPC) had fixed the market value of the land after conducting a detailed negotiation with landowners. The DLPC had fixed the land value @ Rs.3,25,431/- per Are for dry land with tar road access and @ Rs.2,44,629/- per Are for dry land without road access. The formula adopted by DLPC was to take 200% of the basic land value with 30% solatium and 12% additional land value [Basic Land value + 30% Solatium +12% Addl Land Value) X 200%]. The market value fixed by the DLPC was approved by the State Level Empowered Committee (SLEC). Several landowners settled their claims by accepting the market value fixed by the DLPC.
6. The Reference Authority awarded enhanced compensation fixing the land value @ Rs.2,94,615/- per Are for dry land with tar road access and @ Rs.2,10,441/- per Are for dry land without road access. The Reference Authority fixed the land value relying on the basic land value fixed by the DLPC and fixed market value, adding 200% of the basic land value to the LA.APP. NO. 263 OF 2022 5 2025:KER:53558 basic land value [Basic Land Value + 200% of Basic Land Value]. In effect, 300% of the basic land value of Rs.98,205/- per Are for dry land with tar road access and Rs.70,147/- per Are for dry land without road access fixed by the DLPC was taken to arrive at the market value of Rs.2,94,615/- per Are for dry land with tar road access and Rs.2,10,441/- per Are for dry land without road access fixed by the Reference Authority.
7. In the judgment dated 02.07.2025 in L.A.Appeal No.252/2021 & connected cases arising from the very same Section 4(1) Notification, this Court has found that there is no rationale to add 200% to the basic land value by the Reference Court instead of 100% added by the DLPC and that such an addition of 200% by the Reference Authority is arbitrary and without any material to support the same and accordingly fixed land value by taking 200% of the Basic Land Value fixed by DLPC. The same criterion is applicable in this appeal also.
8. In this case, DLPC had fixed the Basic Land Value at Rs.98,205/- per Are for dry land with tar road access and 200% of the same LA.APP. NO. 263 OF 2022 6 2025:KER:53558 is Rs.1,96,410/- per Are and Rs.70,147/- per Are for dry land without road access and 200% of the same is Rs.1,40,294/- per Are.
9. Accordingly, this Appeal is allowed in part without costs, modifying the impugned Award so far as it relates to the fixation of market value of the land, by fixing land value @ Rs.1,96,410/- per Are for dry land with tar road access and @ Rs.1,40,294/- per Are for dry land without road access for the acquired land instead of Rs.2,94,615/- per Are for dry land with tar road access and Rs.2,10,441/- per Are for dry land without road access fixed by the Reference Authority. The impugned award in all other respects is confirmed.
Sd/-
M.A.ABDUL HAKHIM JUDGE Shg/