SUJITH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in both these Writ Petitions challenges the Land Acquisition proceedings, produced at Ext.P1 in W.P.(C) No.951/2025. The essential grievance of the petitioners in both these Writ Petitions is with respect to the proceedings produced at Ext.P3 in W.P.(C) No.951/2025 [Ext.P1 in W.P.(C) No.1548/2025], which reduced the value of the land by 80%, on the allegation that quarrying operations were conducted in such land entailing diminution of land value.

(2.) It is submitted by the learned counsel appearing for the petitioners that the procedure contemplated in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('2013 Act', for short) has not been followed. Learned counsel for the petitioners in W.P.(C) No.951/2025 would invite the attention of this Court to the various stages/procedures contemplated in the Act. Sec. 4 deals with the Social Impact Assessment Study and Sec. 11 with the preliminary notification. Sec. 15 contemplates a hearing on the objections of affected persons, but confined to the grounds specified under Sec. 15(1)(a), (b) and (c). Sec. 19 speaks of the publication of declaration and summary of rehabilitation and resettlement. As per Sec. 20, the land has to be marked out, measured and planned, including the marking of the specified areas. Sec. 21 - the crucial Sec. relied upon by the petitioners - contemplates notice to interested persons. Such notice is not merely with respect to propounding the interest of the persons affected, but also with respect to the amount and particulars of the claims to compensation and also the value of the land, is the submission made.

(3.) After the hearing contemplated, pursuant to the notice under Sec. 21, the Collector has to proceed to pass an award in terms of Sec. 23, wherein he is supposed to take into account the objections of the persons interested, the measurements made under Sec. 20 and also the value of the land on the date of publication of the notification and the respective interest of the persons claiming compensation/ rehabilitation or resettlement.