MURALI ALIAS DHANANJAYAN versus STATE OF KERALA

Citation: [2021] 7 S.C.R. 166 · Decided: 02-03-2021 · Supreme Court of India · Bench: INDU MALHOTRA · Disposal: Appeal(s) allowed

Judgment (excerpt)

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SUPREME COURT REPORTS
[2021] 7 S.C.R.
MURALI ALIAS DHANANJAYAN
v.
STATE OF KERALA
(Civil Appeal No. 138 of 2012)
MARCH 2, 2021
[INDU MALHOTRA AND AJAY RASTOGI, JJ.]
Land Acquisition Act, 1894 – s.28(A) and s.4(1) – Re-
determination of compensation in accordance with enhanced
compensation awarded to other land owners when lands acquired under
a common Notification – Lands owned by appellant, his father and his
brother, which were situated in the same survey number, acquired under
a common Notification issued u/s.4(1) in the year 1981 – Award of
Land Acquisition Officer was contemporaneously challenged by
Appellant, his father and his brother in the year 1997 in separate
Reference petitions – In Reference petitions filed by appellant’s father
and brother, the Reference Court enhanced the compensation to Rs. 8,500/
- per Are – In case of appellant however, the Reference Court held that
his Reference Application was barred by limitation – Relying upon
s.28(A), claim of appellant for re-determination of compensation in
accordance with enhanced compensation awarded to his father and
brother – Held: The Reference Court did not advert to earlier judgments
passed by the same Court in Reference Applications filed by father and
brother of Appellant, wherein a uniform rate of Rs. 8,500 per Are was
granted – The Reference Court did not hold that delay in filing Reference
Petitions in the case of father and brother of Appellant was a ground to
deny them relief – Land belonging to Appellant is similarly situated in
the same Survey – No reason why compensation awarded in Reference
Applications filed by father and brother of Appellant is not granted to
Appellant @ Rs.8,500 per Are for land which was acquired under the
same Notification.
Allowing the appeal, the Court
HELD: The Reference Court has not even adverted to the
earlier judgments passed by the same Court in L.A.R. No. 25/1997
filed by the father, and L.A.R. No. 22/97 filed by the brother of the
Appellant, wherein a uniform rate of Rs. 8,500 per Are was granted.
[2021] 7 S.C.R. 166
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The Reference Court did not hold that the delay in filing the
Reference Petitions in the case of the father and the brother of the
Appellant was a ground to deny them relief. The land belonging to
the Appellant is similarly situated in the same Survey No. 166. There
is no reason why the compensation awarded in L.A.R. No. 22/97
and L.A.R. No. 25/97 is not granted to the present Appellant @
Rs.8,500 per Are for land which has been acquired under the same
Notification dated 11.05.1981. It is considered appropriate to grant
compensation to the Appellant @ Rs.8,500 per Are for the land owned
by him. The Appellant is entitled to Solatium @ 30% of the amount
awarded, and other benefits under Section 23(1A) and Section 28 of
the Land Acquisition Act, 1894, as well as half of the costs incurred
in the proceedings. Appellant is further entitled to Interest at the
same rate as awarded to the claimants in L.A.R. No. 22/97 and L.A.R.
No. 25/97 filed at the instance of the father and brother of the
appellant. [Paras 15, 16][170-A-E]
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 138 of
2012
From the Judgment and Order dated 06.11.2008 of the High Court
of Kerala at Ernakulam in W.P.(C).NO.29939 of 2008(L)..
Abhilash MR, Nishe Rajen Shonker, Mohammed Sadique, Ms.
Anu K. Joy, Alim Anvar, Advs. for the appellant.
C. N. Sreekumar, Sr. Adv., G. Prakash, Advs. for the respondent
The Judgment of the Court was delivered by
INDU MALHOTRA, J.
1. The present Civil Appeal pertains to an area of 30.1 Ares of land
comprising of 28.89 Ares of wet land and 1.21 Ares of dry land situated
in Survey No. 166/5-5 in Cherthala North Village, Kerala owned by the
Appellant, which was acquired vide Notification issued under Section
4(1) of the Land Acquisition Act, 1894 on 11.05.1981. The land was
acquired for the public purpose of construction of the Ernakulam-Alappuzha
Kayanukulam BG railway line.
2. The land of the father of the Appellant comprised in Survey No.
166/9-A, as also the land of his brother viz. Sugandhan Sanu comprised
in Survey No. 166/1A-4 were acquired by the same Notification.
MURALI ALIAS DHANANJAYAN v. STATE OF KERALA
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SUPREME COURT REPORTS
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3. Possession of the lands was taken on 09.11.1981. The Land
Acquisition Officer vide Award dated 05.04.1982 determined the
compensation of these lands at Rs. 454 per Are for wet land, and Rs.2,137
p

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