Land acquisition only on valid Act, rules Kerala HC
A maximum of Rs 3 lakh for rehabilitation would be given for those who would lose their houses or shops completely.
PALAKKAD: The legal battle between a section of residents who will be losing their homes and land as part of compulsory acquisition of land for Nadakkavu Railway Overbridge (RoB) at Akathethara here has entered a crucial phase with the High Court giving an interim order to some of the residents who approached it demanding compensation as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, a central Act.
The court said in its recent interim order the takeover of the property shall not be done unless the respondents initiate proceedings under a valid law regulating compulsory acquisition of land.
Sivaramakrishnan, son of one of the petitioners Rukmini residing at Nadakkavu, said as per the central Act passed, the demand was to get market price along with 100 per cent solatium along with 12 per cent additional market value and interest in case of delay in payment by the government.
Petitioners say their land has a market value of Rs 5to 6 lakh per cent but the Land Tribunal in Palakkad would give them a maximum of Rs 3.63 lakh for residential land and Rs 2.70 lakh for paddy field (nilam) per cent. A maximum of Rs 3 lakh for rehabilitation would be given for those who would lose their houses or shops completely.
Lawyers representing the petitioners point out that the High Court had ordered a compensation of Rs 1.7 crore to the owners for while the property was valued for Rs 50 lakh per cent. Land acquisition is in the concurrent list and there is no other law other than the central Land Acquisition Act, 2013 for compulsory acquisition, they said.
However, the Land Tribunal inspector in Palakkad Binu Mol said the land tribunal has given the maximum compensation as per the Act passed by the Assembly in 2013 and its rules. The matter would be conveyed to court in the next hearing. "The central Act is not applicable for this project which is entirely funded by KIIFB, which is a state agency," she said.