RAJALAKSHMI versus THE SPECIAL TAHSILDAR (LA) KOYILANDY & ANOTHER

Citation: [2023] 2 S.C.R. 870 · Decided: 10-04-2023 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Disposed off
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2023] 2 S.C.R.
[2023] 2 S.C.R. 870
870
RAJALAKSHMI
v.
THE SPECIAL TAHSILDAR (LA) KOYILANDY & ANOTHER
(Civil Appeal No. 2363 of 2023)
APRIL 10, 2023
[M. R. SHAH AND C. T. RAVIKUMAR, JJ.]
Land Acquisition Act, 1894 – Just and fair compensation –
Lands in question were acquired for setting up of an IT Park –
Many landowners accepted the compensation at negotiated price
of Rs. 1,00,000/- per cent – Present landowners dissatisfied,
references made u/s.18 – Reference Court enhanced the
compensation – High Court awarded the compensation at the rate
of Rs. 1,35,000/- per cent by giving 35% rise to the negotiated
price of Rs. 1,00,000/- per cent – Correctness of – Held: High Court
rightly took into consideration the negotiated price for which the
other various landowners sold their land for the very project for a
sale consideration of Rs. 1,00,000/- per cent – However, taking
into consideration the location of the lands in question, granting
35% rise to the negotiated price of Rs.1,00,000/- per cent is on a
lower side – Landowners are entitled to just and fair compensation
– 60% rise granted to the negotiated price – Thus, compensation
awarded at the rate of Rs.1,60,000/- per cent instead of Rs. 1,35,000/
- per cent – Impugned judgments/orders modified to the aforesaid
extent.
Land Acquisition Act, 1894 – Determination of compensation
– Negotiated price – Held: Landowners aggrieved by the amount
of compensation determined by the Land Acquisition Officer are
not bound by the negotiated price agreed by the other landowners,
however, in the present case, the same can be said to be a relevant
consideration for determining the compensation.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2363
of 2023.
From the Judgment and Order dated 30.05.2018 of the High Court
of Kerala at Ernakulam in LAA No. 359 of 2017.
With
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Civil Appeal Nos. 2347-2362, 2368 and 2366-2367 of 2023.
Jayanth Muth Raj, Sudhi Vasudevan, Sr. Advs., Naresh Kumar,
K. P. Rajagopal, Jaimon Andrews, Piyo Harold Jaimon, Firdouse C. P,
Harikrishna R, Ms. Shilpa Satheesh, Jose Johnes Joseph, Aditya Kiran
R. S, Ms. Aswathi M.K., Advs. for the Appellant.
V. Chitambaresh, Sr. Adv., Lakshmeesh S. Kamath, Ms. Samriti
Ahuja, C. Govind Venugopal, Ms. Sonal Gupta, C. K. Sasi, Abdulla
Naseeh V T, Ms. Meena K Poulose, Advs. for the Respondents.
The Judgment of the Court was delivered by
M. R. SHAH, J.
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 dated 30.05.2018/28.05.2018/10.08.2022 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/- 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 Section 4 of the Land Acquisition Act, 1894 (hereinafter referred
to as the ‘Act’) came to be issued on 21.08.2009. The Land Acquisition
Officer declared the award and awarded compensation at the rate of
Rs. 16,294/- per cent for wet land; Rs.27,807/- per cent for garden land
without road access; and Rs.45,897/- per cent for garden land having
road access. However, the Reference Court enhanced the amount of
compensation to Rs. 2,00,000/- per cent for the garden land adjacent to
the road and Rs.1,75,000/- 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/- per cent, giving 35% rise to the negotiated price at which the
other lands came to be acquired.
3.1 Insofar as Civil Appeal arising from Special Leave Petition
No. 15698/2021 is concerned, as noted hereinabove, with respect to the
RAJALAKSHMI v. THE SPECIAL TAHSILDAR (LA)
KOYILANDY & ANOTHER
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[2023] 2 S.C.R.
very notification dated 21.08.2009, the Land Acquisition Officer awarded
compensation at the rate of Rs.45,897/- per cent. The Reference Court
enhanced the amount of compensation to Rs. 3,00,000/- per cent.
However, in an appeal preferred by the acquisition bo
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