P.v.Razak, v. the Special Tahasildar, L.A
Land Acquisition – Compensation – Determination of market value – Post-notification sale deed as exemplar
Case brief
What is this about?
Kerala High Court (Easwaran S., J. for Dr. A.K. Jayasankaran Nambiar & Easwaran S., JJ., 03.04.2025) allows five land acquisition appeals (LA.App. Nos.286/2017, 263, 226, 212, 318 of 2019) against LAR Nos.174, 147 and 145 of 2012 (Additional Sub Court, Thalassery). Holds a post-notification sale deed is not disqualified as an exemplar if a suitable deduction is applied; Ext.A2 (2010 deed, Rs.65,000/- per cent, 500 metres away) is the best exemplar; applies 10% deduction per year for two years from the 2008 notification and enhances compensation from Rs.25,000/- to Rs.52,000/- per cent with statutory benefits and proportionate costs. Statutes: Sections 4(1) and 18, Land Acquisition Act, 1894.
What did the court decide?
Appeals allowed; judgment and decree of the reference court in LAR Nos.174 of 2012, 145 of 2012 and 147 of 2012 modified by refixing the land value at Rs.52,000/- per cent, with all statutory benefits flowing from the refixation together with proportionate costs to the appellants.