Case: K.S.RAJAN (DEAD) THROUGH L.RS Vs. THE STATE OF KERALA

During the pendency of the appeals in this Court, the appellant died and his legal representatives were brought on recordThe 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 Section6 of the Act. Thes land (4.30 acres) was also acquired in these acquisition proceedings by notification issued under Section 4 of the ActThe 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 :per cent For Chira land :per cent For Wet land :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 Courtd the compensation as under: For Dry land :per cent For Chira land :per cent For Wet land :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 dated 23.06.1992 allowed the appeal and remanded the case to the Reference Court for fresh determination. After the remand, the Reference Court by award 07.01.1995d the compensation as under : For Dry land :per cent For Chira land :per cent For Wet land :By the aforesaid award passed by the Reference Court, the appellant felt aggrieved and filed appeal in the High Court. By impugned order, the High Court made partial modification in the compensation andas under: For Dry land :per cent For Chira land :per cent For Wet land :The appellant felt aggrieved by the order passed by the High Court and filed review petition in the High Court. By order dated 02.09.2003, the High Court disposed of the review petition and made partial modification in the compensationas under: For Dry land :per cent For Chira land :No increase For Wet land : No increaseThe original appellant (landowner) felt aggrieved by the order of the High Court passed in main appeal as well as in the review petition, filed the present appeals by way of special leave in this CourtSo far as the appellants are concerned, they are mainly concerned with the determination made by the Courts below for the wet land and chira land.

Reasoning: We find force in the submission of learned counsel for the appellants. It is more so when the learned counsel for the respondents could not dispute this factual statement except to support the reasoning and the conclusion arrived at by the High Court in the impugned orderEven otherwise on perusal of the entire record of the case and the findings of all the Courts below, we are of the opinion that the findings recorded by the Reference Court in the earlier round of litigation awarding Rs.per cent for the wet landthough set aside by the High Court in the earlier round yet it deserves to be restored againIn other words, in our view, the award ofper cent for the wet landappears 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 ofper cent. In our opinion, it represents correct market value of the wet land on the date of acquisition (25.11.1980) and was, therefore, rightly determined by the Reference Court in cases of other landowners in relation to their lands acquired in these proceedingsSo far as the rates of other two nature of lands are concerned, namely, dry and chira, their rates do not call for any interference and nor any attempt was made by the appellants to question its legality and, in our view, rightly.