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Civil · Reportable judgment

K.S. Rajan (D) through Lrs vs The State of Kerala & Anr.

Court
Supreme Court of India
Date
10 August 2018
Case No.
Civil Appeal Nos. 6281-6282 of 2009
Result
Partly allowed
Bench
Abhay Manohar Sapre, S. Abdul Nazeer
Citation
[2018] 9 S.C.R. 1064 : 2018 INSC 693
Supreme Court Reports [2018] 9 S.C.R. 1064 : 2018 INSC 693
Headnote

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]

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

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 t
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