05-05-2025
Don't rely on revenue records alone while fixing compensation for acquired land, rules Kerala high court
Kochi: Kerala high court has held that, while determining compensation for acquired land, the authorities need not be solely guided by entries in revenue records.
Justice Viju Abraham delivered the ruling while disposing of a plea by Mano Alex of Kottayam, who sought compensation for her land acquired by the
National Highways Authority of India
(NHAI). She contended that the land should be treated as 'purayidam' and not as paddy land, as recorded in the revenue entries. The petitioner submitted that the land had been converted prior to the enactment of the Kerala Conservation of Paddy Land and Wetland Act, 2008, and that she had filed an application in 2010 for its removal from the data bank. Although HC had, in 2024, directed the revenue officials to consider her application, no action was taken.
NHAI argued that the petitioner could pursue her claim before the competent authority under the National Highways Act, 1956. Upon examining the records, HC held that the authority must determine compensation by considering various parameters, not just the revenue records. These include title documents, the physical nature and use of the land prior to acquisition, the nature of the locality, infrastructural development in the area, proximity to roads, ease of access and the fair value notification, juxtaposed with the revenue entries. The court emphasised that the authority is statutorily obligated to conduct a comprehensive inquiry on these aspects.
The petition was disposed of with liberty to the petitioner to raise all her contentions before the competent authority during the inquiry process.
