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The chances for better compensation for 1,900-odd landowners in Kottukal, Kanjiramkulam, Thirupuram, Chenkal and Karode villages who have surrendered land for the Reach II of the Kazhakuttam-Karode National Highway-66 bypass have brightened with a High Court verdict in favour of a few landowners.
The Vengapotta-based Kazhakuttam-Karode Bypass Action Council’s secretary S. Manirao, treasurer G. Chandran and 25 others who approached the High Court for enhanced compensation and rehabilitation package have got a favourable order, with the court observing that most of those who surrendered land were not paid compensation before December 2014.
The petitioners are of the view that the landowners have the right for enhanced compensation as land is taken over for public purpose. The enhanced compensation is being sought under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
While the 2013 Act was under the consideration of the President, the District Purchase Committee entered into an agreement with the owners who surrendered land. The land was acquired by giving only 30% of the price fixed by the District Purchase Committee.
The council had demanded ₹5.25 lakh a cent for category A land and 10% less for other four categories of land. An arbitrator was appointed following a stir by the council demanding higher compensation for the land.
Hike by arbitrators
A 15% hike in the compensation and 9% interest were announced by the then arbitrator and District Collector N. Venkatesapathy for 165 persons. Mr. Venkatesapathy’s successor K. Vasuki sanctioned 50% more compensation and 9% interest from the date of notification of land acquisition to 185 persons.
But, the National Highways Authority of India (NHAI) appealed against the decision of the arbitrator.
However, the NHAI did not oppose the hike announced by Mr. Venkatesapathy.
V. Sudhakaran, chairman of the action council, said the NHAI unnecessarily dragged to court the persons who surrendered their land. The earlier price fixed for the land along with the enhanced compensation declared by the Collector is on par with the price fixed by the District Purchase Committee, which was approved by the NHAI, he says.
The council chairman said many others who had surrendered land from the five villages for the Reach II had gone to the court seeking enhanced compensation and rehabilitation packages.
Enhanced compensation should be given to all as some lacked the resources to go for litigation, Mr. Sudhakaran said.
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