K.S. RAJAN (D) THROUGH LRS versus THE STATE OF KERALA & ANR.

Citation: [2018] 9 S.C.R. 1064 · Decided: 10-08-2018 · Supreme Court of India · Bench: ABHAY MANOHAR SAPRE · Disposal: Case Partly allowed
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Judgment (excerpt)

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1064
SUPREME COURT REPORTS
[2018] 9 S.C.R.
K.S. RAJAN (D) THROUGH LRS
v.
THE STATE OF KERALA & ANR.
(Civil Appeal Nos. 6281-6282 of 2009)
AUGUST 10, 2018
[ABHAY MANOHAR SAPRE AND S. ABDUL NAZEER, JJ.]
Land Acquisition:
Acquisition of land – Compensation for ‘Dry’ land, and for
‘Chira’ land and for ‘Wet’ land – Determination of – Held: In view
of nature of ‘Wet’ land, its surroundings and location and similarity
with the land owned by other landowners to whom compensation
was awarded @ Rs. 2000/- per cent, the appellant-landowners are
entitled to compensation for ‘Wet’ land @ Rs. 2000/- per cent in
place of Rs. 500/-  – The rates of ‘Dry’ and ‘Chira’ lands do not call
for any interference – Land Acquisition Act, 1894 – ss. 4,6, 11 and
18.
Partly allowing the appeals, the Court
HELD: 1. The award of Rs. 2000/- per cent for the wet land
appears to be just proper and reasonable keeping in view the
nature of the land, its surroundings and location and similarity
with the land owned by other landowners to whom compensation
was awarded at the rate of Rs. 2000/- per cent. It represents
correct market value of the wet land on the date of acquisition
and was, therefore, rightly determined by the Reference Court
in cases of other landowners in relation to their lands acquired in
these proceedings. The appellants are entitled to claim
compensation for their wet land at the rate of Rs. 2000/- per cent
in place of Rs. 500/- per cent determined by the High Court in
the impugned order.  As a necessary consequence, the appellants
are also entitled for other statutory compensation payable under
the Land Acquisition Act, 1894, keeping in view the enhancement
made by this Court. So far as the rates of other two nature of
lands are concerned, namely, dry and chira, their rates do not call
for any interference. [Paras 18-20] [1067-G-H; 1068-A-C]
1064
[2018] 9 S.C.R. 1064
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1065
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 6281-
6282 of 2009.
From the Judgment and Order dated 05.03.2003 and 06.12.2006
of the High Court of Kerala at Ernakulam in LAA. No. 905 of 1995 and
Review Petition No.205 of 2004 respectively.
Chandan Kumar Mandal, Ajay Singh, Romy Chacko, Haris Beeran,
R.S. Jena, Dev Prakash, C. K. Sasi, Advs. for the appearing parties.
The Judgment of the Court was delivered by
ABHAY MANOHAR SAPRE, J. 1. These appeals are filed
against the final judgment and order dated 05.03.2003 passed by the
High Court of Kerala at Ernakulam in LAA No.905 of 1995 whereby
the Division Bench of the High Court dismissed the appeal filed by the
original appellant herein.  Against the said order, the appellant filed review
petition being R.P. No.205 of 2004 which was also dismissed.
2. In order to appreciate the short controversy involved in these
appeals, it is necessary to set out few relevant facts hereinbelow.
3. During the pendency of the appeals in this Court, the appellant
died and his legal representatives were brought on record.
4. The original appellant is the owner of the land measuring
around 4.30 acres situated in the District of Kottyam (Kerala). The
State of Kerala issued a notification dated 25.11.1980 under Section 4 of
the Land Acquisition Act, 1894 (for short called “the Act”) and acquired
total land measuring around 30 acres in Kottayam Municipality for
implementation of  “multipurpose development scheme at Kodimatha”
on the acquired land. It was followed by  declaration  under Section 6 of
the Act. The appellant’s land (4.30 acres) was also acquired in these
acquisition proceedings by notification issued under Section 4 of the Act.
5. The Land Acquisition Officer (LAO) then held an enquiry, as
contemplated under Section 11 of the Act, for payment of compensation
to the landowners and by his award dated  06.08.1984 determined the
compensation as under:
For Dry land
:
Rs.4631/- per cent
For Chira land
:
Rs.1725/- per cent
For Wet land
:
Rs. 203/-  per cent
K.S. RAJAN (D) THROUGH LRS. v. THE STATE OF
KERALA & ANR.
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SUPREME COURT REPORTS
[2018] 9 S.C.R.
6.
The appellants felt aggrieved by the determination made by
the LAO and sought reference to the Civil Court. By award dated
28.02.1990, the Reference Court re-determined the compensation as
under:
For Dry land
:
Rs.7500/- per cent
For Chira land
:
Rs.2000/- per cent
For Wet land
:
Rs.2000/- per cent
7.
Felt aggrieved by the award of the Reference Court, the State
filed an appeal in the High Court of Kerala. The High Court, by order
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