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High Court of KeralaDivision BenchAppeals allowed in part and disposed with direc...

LA.App. Nos. 275, 283, 288, 289 & 294 of 2018

Case / Petition Number:LA.App. Nos. 275, 283, 288, 289 & 294 of 2018
Neutral Citation:/null

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. Vinod Chandran
  • T. R. Ravi
Judgment Date
2020-11-20
Court Decision / Holding
Appeals disposed; remanded to the Land Acquisition Officer to determine compensation under the 2013 Act, with the LO to hear the parties, issue a fresh award, and ensure deposit of the award within three months from certified copy of the judgment if the new award exceeds what has already been deposited. If the new award is equal to or less than the prior deposit, the LO shall compute and deposit the appropriate interest under Section 18. Interest shall be calculated from the date of possession to the date of deposit. The parties are to raise objections before the LO and the Reference Court, which would consider them independently. The court also clarifies that this judgment does not comment on the fair value notification or its reduction and reaffirms the need to follow the statutory deposit and interest provisions.
Final Disposition
Appeals allowed in part and disposed with directions to remand to the Land Acquisition Officer to determine compensation under the 2013 Act, with deposit and interest as prescribed, and to hear objections before LO and Reference Court; no ruling on fair value notification.

Parties to the Case

Appellants / Petitioners

  • District Collector, Malappuram
  • The Special Officer, Government Medical College, Manjeri

Respondents

  • K.V. Ramachandran
  • Pulikkamath Ashraf
  • V.P. Unnikrishnan
  • Saleena
  • Abdul Majeed
  • Pulikkamath Muhammed Musthafa

Legal Representation & Advocates

Counsels for Petitioners

  • • Addl. Advocate General Sri. Ranjith Thampan

Counsels for Respondents

  • • Sri. R. Rajesh Kormath

Case Synopsis & Summary

This batch of land acquisition appeals arises from the dispute over compensation for properties acquired for the establishment of Manjeri Medical College. The Land Acquisition Officer issued an award in 2014 after acquisitions in 2013, following the 2010 fair value notification. The Reference Court later fixed compensation, which the State challenged through these appeals, contending that after the enactment and coming into force of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the 2013 Act), compensation must be determined under the new regime and with revised fair values. The respondents-landowners emphasize that the State itself had reduced the earlier fair value, that the 2013 Act imposes specific timelines for deposit and interest, and that the matter should be resolved with due regard to the statutory framework. The court anchors its approach on a larger Supreme Court decision in Indore Development Authority v. Manoharlal and Others, which held that where an award was not finalized by the date of commencement of the 2013 Act, compensation must be determined under the 2013 Act. The judgment does not set a fixed compensation amount but remands the matter to the Land Acquisition Officer to recalculate under the 2013 Act, with deposit and interest to be made within three months and objections to be considered thereafter. The decision also clarifies that it has not expressed opinions on the fair value notification or its reduction.

Provisions of Law Cited

Section 38 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013Section 18 of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013Section 24(1)(a) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Legal Doctrines & Maxims

  • Indore Development Authority v. Manoharlal and Others – interpretation of Act 2013 applicability in post-commencement awards

Submissions & Arguments

Contentions of Appellants / Petitioners

The State contends that, after the 2013 Act came into force, compensation must be determined under the Act of 2013 and any revised fair value should be adopted. It asserts that Indore Development Authority requires reassessment of compensation under the 2013 Act and that the Land Acquisition Officer should revisit the matter, particularly given a revised fair value (Rs. 1,03,007 per Are) and the fact that the award was made after the Act’s commencement. It stresses that Section 38 mandates deposit within three months and that Section 18 provides interest provisions for delayed deposits, with higher rates if payments extend beyond one year. It urges that the LO, after hearing objections, pass a fresh award under the 2013 Act and deposit accordingly, with appropriate interest.

Contentions of Respondents

The landowners’ counsel notes that the State itself reduced the fair value and that the property was situated centrally in Manjeri, making the prior valuation credible. They contend the award, though challenged, should be guided by the fixed, notified value and that the statutory framework governing deposits and interest (Sections 38 and 18) must be applied consistently. They emphasize that the State’s advancement in litigation should not undermine the previously determined compensation, and highlight that the 2013 Act’s regime should be invoked only if it applies to the particular award; the court should ensure a fair, timely resolution through proper channels (LO and Reference Court).

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Indore Development Authority v. Manoharlal and OthersS.L.P. Nos. 9036-9038 of 2016PositiveCited and relied upon to require applying the 2013 Act framework for awards not finalized by the Act’s commencement.

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Extracted Judgment Text

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# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** ## **&** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **FRIDAY, THE 20TH DAY OF NOVEMBER 2020 / 29TH KARTHIKA, 1942** **LA.App..No.294 OF 2018** **AGAINST THE JUDGMENT & DECREE IN LAR 31/2015 DATED 31-03-2017 OF SUB COURT, MANJERI** ## **APPELLANTS/RESPONDENTS:** **1 DISTRICT COLLECTOR, MALAPPURAM. 2 THE SPECIAL OFFICER, GOVERNMENT MEDICAL COLLEGE, MANJERI.** **BY ADDL.A.G. SRI. RANJITH THAMPAN** ## **RESPONDENT/CLAIMANT:** **K.V.RAMACHANDRAN PANGINIKOT HOUSE, ELAYOOR, IRUVETTY P.O., AREACODE VIA. KAVANNUR VILLAGE - 603 203.** **THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20.11.2020, ALONG WITH LA.App..275/2018, LA.App..283/2018, LA.App..285/2018, LA.App..288/2018, LA.App..289/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **L.A.A.Nos.275,283,288,289 & 294 OF 2018** **2** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** ## **&** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **FRIDAY, THE 20TH DAY OF NOVEMBER 2020 / 29TH KARTHIKA, 1942** **LA.App..No.275 OF 2018** **AGAINST THE JUDGMENT & DECREE IN LAR 26/2015 DATED 31-03-2017 OF SUB COURT, MANJERI** ## **APPELLANT/RESPONDENT:** **1 THE DISTRICT COLLECTOR, MALAPPURAM** **2 THE SPECIAL OFFICER, GOVERNMENT MEDICAL COLLEGE, MANJERI.** **BY ADDL.A.G. SRI. RANJITH THAMPAN** ## **RESPONDENT/CLAIMANT:** **PULIKKAMATH ASHRAF, S/O YOUSUF,PULIKKAMATH HOUSE,MANJERI P.O.,676121** **R1 BY ADV. SRI.R.RAJESH KORMATH** **THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20.11.2020, ALONG WITH LA.App..283/2018, LA.App..285/2018, LA.App..288/2018, LA.App..289/2018, LA.App..294/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **L.A.A.Nos.275,283,288,289 & 294 OF 2018** **3** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** ## **&** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **FRIDAY, THE 20TH DAY OF NOVEMBER 2020 / 29TH KARTHIKA, 1942** **LA.App..No.283 OF 2018** **AGAINST THE JUDGMENT & DECREE IN LAR 27/2015 DATED 31-03-2017 OF SUB COURT, MANJERI** ## **APPELLANTS/RESPONDENTS:** **1 DISTRICT COLLECTOR, MALAPPURAM.** **2 THE SPECIAL OFFICER, GOVERNMENT MEDICAL COLLEGE, MANJERI - 676121** **BY ADDL.A.G. SRI. RANJITH THAMPAN** ## **RESPONDENT/CLAIMANT:** **V.P.UNNIKRISHNAN S/O RAGHAVAN NAIR, PUTHAN VEEDU, KOVILAKAM KUNDU, MANJERI PO.-676 121** **R1 BY ADV. SRI.RAJESH R.KORMATH** **THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20.11.2020, ALONG WITH LA.App..275/2018, LA.App..285/2018, LA.App..288/2018, LA.App..289/2018, LA.App..294/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **L.A.A.Nos.275,283,288,289 & 294 OF 2018** **4** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** ## **&** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **FRIDAY, THE 20TH DAY OF NOVEMBER 2020 / 29TH KARTHIKA, 1942** **LA.App..No.285 OF 2018** **AGAINST THE JUDGMENT & DECREE IN LAR 29/2015 DATED 31-03-2017 OF SUB COURT, MANJERI** ## **APPELLANTS/RESPONDENTS:** **1 THE DISTRICT COLLECTOR, MALAPPURAM.** **2 THE SPECIAL OFFICER, GOVERNMENT MEDICAL COLLEGE, MANJERI.** **BY ADDL.A.G. SRI. RANJITH THAMPAN** **RESPONDENT/CLAIMANT:** **SALEENA, W/O. PULIKKAMATH ASHRAF, PULIKKAMATH HOUSE, MANJERI P.O. - 676 121.** **R1 BY ADV. SRI.RAJESH R.KORMATH** **THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20.11.2020, ALONG WITH LA.App..275/2018, LA.App..283/2018, LA.App..288/2018, LA.App..289/2018, LA.App..294/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **L.A.A.Nos.275,283,288,289 & 294 OF 2018** **5** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** ## **&** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **FRIDAY, THE 20TH DAY OF NOVEMBER 2020 / 29TH KARTHIKA, 1942** **LA.App..No.288 OF 2018** **AGAINST THE JUDGMENT & DECREE IN LAR 28/2015 DATED 31-03-2017 OF SUB COURT, MANJERI** ## **APPLICANTS/APPELLANTS/RESPONDENTS:** **1 THE DISTRICT COLLECTOR, MALAPPURAM.** **2 THE SPECIAL OFFICER, GOVERNMENT MEDICAL COLLEGE, MANJERI.** **BY ADDL.A.G. SRI. RANJITH THAMPAN** ## **RESPONDENT/RESPONDENT/CLAIMANT:** **ABDUL MAJEED, S/O. ALAVIKUTTY, PODUVANNIKKAL, KASALAKUNNU, MANJERI COLLEGE P.O, PIN 676121.** **R1 BY ADV. SRI.R.RAJESH KORMATH** **THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20.11.2020, ALONG WITH LA.App..275/2018, LA.App..283/2018, LA.App..285/2018, LA.App..289/2018, LA.App..294/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **L.A.A.Nos.275,283,288,289 & 294 OF 2018** **6** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** ## **&** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **FRIDAY, THE 20TH DAY OF NOVEMBER 2020 / 29TH KARTHIKA, 1942** **LA.App..No.289 OF 2018** **AGAINST THE JUDGMENT & DECREE IN LAR 30/2015 DATED 31-03-2017 OF SUB COURT, MANJERI** ## **APPELLANTS/RESPONDENTS:** **1 THE DISTRICT COLLECTOR, MALAPPURAM.** **2 THE SPECIAL OFFICER GOVERNMENT MEDICAL COLLEGE, MANJERI.** **BY ADVS.** **SRI.RANJITH THAMPAN,ADDL.ADVOCATE GENERAL** ## **RESPONDENT/CLAIMANT:** **PULIKKAMATH MUHAMMED MUSTHAFA** **S/O YOUSUF, PULIKKAMATH HOUSE, KOZHIKOTTUKUNNU, MELAKAM, KARUVAMBRAM P.O. 676123** **R1 BY ADV. SRI.R.RAJESH KORMATH** **THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 20.11.2020, ALONG WITH LA.App..275/2018, LA.App..283/2018, LA.App..285/2018, LA.App..288/2018, LA.App..294/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **L.A.A.Nos.275,283,288,289 & 294 OF 2018** **7** ## **JUDGMENT** **Dated this the 20th day of November 2020** **K.VINOD CHANDRAN, J.** **The batch of appeals filed by the State relate to the acquisition of properties for the purpose of establishing Manjeri Medical College. The Learned additional Advocate General appears on behalf of the State. The Land Acquisition Officer passed the award on 21.08.2014, after the acquisition was made on various dates in 2013. The land owners approached the Reference Court, which passed an award on 31.03.2017, against which the present appeals are filed by the State. The Reference Court relied on the fair value notification of 2010, which fixed the fair value at Rs.7,41,000/- per Are. There was no further evidence led. Since the acquisition was in the year 2013, the Reference Court adopted the value at 36% in excess of the fair value fixed. The award was made in accordance with such enhancement.** **2. The Additional Advocate General who appears** **L.A.A.Nos.275,283,288,289 & 294 OF 2018** **8** **for the State submits that, afterwards, the fair value has been revised at Rs.1,03,007/- per Are. Besides, it is also submitted that the award was passed on 21.08.2014, after the Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into force. After the Act came into force, there could not have been any award passed as per the earlier Act. In such circumstances, the entire issue has to be reconsidered by the Land Acquisition Officer.** **3. Sri. Rajesh R. Kormath appearing for the respondents would point out that the State which was an adversary party in the litigation had by itself reduced the fair value. It is not as if there could have been any complaints raised against the fixation of fair value, since the property existed right in the middle of Manjeri town. Manjeri District Hospital was converted to Manjeri Medical College; for which the acquisition was carried out, which acquisition is the subject matter of the above appeals. It is also pointed out that Section 38 of Act 2013 specifically prescribes compensation to be paid within three months** **L.A.A.Nos.275,283,288,289 & 294 OF 2018** **9** **from the date of possession. It is pointed out that, as per the new Act, Section 18 makes liable the State to pay 9% interest from the date of taking possession, if the amounts are not deposited within three months and if the deposit is not made within one year, for the period in excess of one year, the State is liable to pay 15% interest to the land owners.** **4. A larger Bench decision in** _**Indore Development Authority vs. Manoharlal and Others S.L.P. - (C).Nos.9036 9038 of 201**_ **6, in its operative portion** _**inter-alia**_ **held as below:** _**“363. In view of the aforesaid discussion, we answer the questions as under: 1. Under the provisions of Section 24(1)(a) in case the award is not made as on 1.1.2014 the date of commencement of Act of 2013, there is no lapse of proceedings. Compensation has to be determined under the provisions of Act of 2013.”**_ **5. Going by the above declaration of the Hon'ble Supreme Court, necessarily the matter has to go back to the Land Acquisition Officer for the purpose of** **L.A.A.Nos.275,283,288,289 & 294 OF 2018** **10** **fixing the compensation as per the Act of 2013. We make it clear that we have not made any observation on the fair value notification and the reduction made. The parties would be entitled to raise their objections before the Land Acquisition Officer and before the Reference Court which would have to be considered independently. As far as the deposit to be** **made under Section 38, we issue the following directions:** **(1) The Land Acquisition Officer shall hear the parties and ensure that an award is passed and deposit of the same is made within three months from the date of receipt of the certified copy of this judgment, if the compensation now awarded is in excess of what has already been deposited.** **(2) If the award now passed is equal to or lesser that that already passed and deposited then, the Land Acquisition Officer shall calculate the interest due for the amounts in accordance with Section 18 and make the deposit accordingly; if anything is so due.** **(3) The Land Acquisition Officer shall calculate the interest from the date of** **L.A.A.Nos.275,283,288,289 & 294 OF 2018** **11** ## **acquisition till the date of deposit.** **(4) If the amounts are in excess of that already awarded for the deposit already made, the interest shall be computed as above and the same shall be deposited within three months.** **(5) For the amounts now awarded in excess of that already deposited, the interest shall be calculated again in accordance with Section 18 till the date of deposit.** **We once more make it clear that the deposit with interest has to be made within three months from the date of receipt of the certified copy of the judgment.** ## **Sd/-** **K.VINOD CHANDRAN** ## **JUDGE** ## **Sd/-** ## **T.R.RAVI** **JUDGE** **uu** **20.11.2020** ## **L.A.A.Nos.275,283,288,289 & 294 OF 2018** **12** The following corrections are made in the common judgment dated 20.11.2020 in L.A.A.Nos. 275, 283, 285, 288, 289 & 294 of 2018, as per the orders dated 21.12.2020 in I.A.No.02/2020 in LAA.Nos. 275, 283, 285, 288 & 289 of 2018, and in LAA.No.294/2018. The figure **'18'** after the word 'Section' occurring in the fourteenth line in paragraph 3 in Page 9, occurring in sixth line in the seconddirection in Paragraph 5 in page 10 and occurring in fourth line in the fifth direction in Paragraph 5 in page 11 of the Judgment is substituted by the figure **'80'** . The word **'acquisition'** occurring in the third line in the third direction in Paragraph 5 in Page 11 of the Judgment is substituted by the word **'taking possession'** . **==> picture [35 x 12] intentionally omitted <==** DEPUTY REGISTRAR ded/25.01.2021 **L.A.A.Nos.275,283,288,289 & 294 OF 2018** **13** ## **APPENDIX OF LA.App. 294/2018** **PETITIONER'S/S EXHIBITS:** **ANNEXURE I A TRUE COPY OF THE RELEVANT PAGES OF THE DRAFT NOTIFICATION NO.B-112/15 DATED 06/04/2018.** **ANNEXURE II TRUE COPY OF THE GOVERNMENT ORDER NO.488/2017 (REV) DATED 08/02/2017.** **L.A.A.Nos.275,283,288,289 & 294 OF 2018** **14** ## **APPENDIX OF LA.App. 275/2018** **PETITIONER'S/S EXHIBITS: ANNEXURE P1 A TRUE COPY OF THE RELEVANT PAGES OF THE DRAFT NOTIFICATION NO.B-112/15 DATED 06/04/2018.** **ANNEXURE P2 TRUE COPY OF THE GOVERNMENT ORDER NO.488/2017 (REV)DATED 08/02/2017.** **L.A.A.Nos.275,283,288,289 & 294 OF 2018** **15** ## **APPENDIX OF LA.App. 283/2018** **PETITIONER'S/S EXHIBITS:** **ANNEXURE I** **A TRUE COPY OF THE RELEVANT PAGES OF THE DRAFT NOTIFICATION NO.B-112/15 DATED 06/04/2018.** **ANNEXURE II TRUE COPY OF THE GOVERNMENT ORDER NO.488/2017 (REV) DATED 08/02/2017.** **L.A.A.Nos.275,283,288,289 & 294 OF 2018** **16** ## **APPENDIX OF LA.App. 285/2018** **PETITIONER'S/S EXHIBITS:** **ANNEXURE I** **A TRUE COPY OF THE RELEVANT PAGES OF THE DRAFT NOTIFICATION NO.B-112/15 DATED 6.4.2018.** **ANNEXURE II TRUE COPY OF THE GOVERNMENT ORDER NO.488/2017 (REV) DATED 8.2.2017.** **L.A.A.Nos.275,283,288,289 & 294 OF 2018** **17** ## **APPENDIX OF LA.App. 288/2018** **PETITIONER'S/S EXHIBITS:** **ANNEXURE I A TRUE COPY OF THE RELEVANT PAGES OF THE DRAFT NOTIFICATION NO.B-112/15 DATED 6.4.2018** **ANNEXURE II TRUE COPY OF THE GOVERNMENT ORDER NO.488/2017(REV) DATED 8.2.2017** **L.A.A.Nos.275,283,288,289 & 294 OF 2018** **18** ## **APPENDIX OF LA.App. 289/2018** **PETITIONER'S/S EXHIBITS:** **ANNEXURE I A TRUE COPY OF THE RELEVANT PAGES OF THE DRAFT NOTIFICATION NO.B-112/15 DATED 6.4.2018** **ANNEXURE II TRUE COPY OF THE GOVERNMENT ORDER NO.488/2017(REV) DATED 8.2.2017**