LAWS(SC)-2023-4-7

RAJALAKSHMI Vs. THE SPECIAL TAHSILDAR (LA) KOYILANDY

Decided On April 10, 2023
RAJALAKSHMI Appellant
V/S
The Special Tahsildar (La) Koyilandy Respondents

JUDGEMENT

(1.) As common question of law and facts arise in these appeals, all these appeals are decided and disposed of together by this common judgment and order.

(2.) Feeling aggrieved and dissatisfied with the impugned judgments and orders dtd. 30/5/2018/28/5/2018/10/8/2022 passed by the High Court of Kerala at Ernakulam in Land Acquisition Appeal No. 359/2017 and other allied appeals and cross objections, by which the High Court has determined and awarded the compensation for the lands acquired at the rate of Rs.1,35,000.00 per cent, the original landowners/claimants have preferred the present appeals.

(3.) In all these appeals, the lands in question came to be acquired for the purpose of setting up of an IT Park at Kozhikode. Notification/s under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') came to be issued on 21/8/2009. The Land Acquisition Officer declared the award and awarded compensation at the rate of Rs.16,294.00 per cent for wet land; Rs.27,807.00 per cent for garden land without road access; and Rs.45,897.00 per cent for garden land having road access. However, the Reference Court enhanced the amount of compensation to Rs.2,00,000.00 per cent for the garden land adjacent to the road and Rs.1,75,000.00 per cent for the garden land not having the access to the road. However, the High Court by the impugned common judgment and order has determined and awarded compensation to Rs.1,35,000.00 per cent, giving 35% rise to the negotiated price at which the other lands came to be acquired.