IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 7790 of 2007(B)
1. MATHEW, AGED 65, S/O.CHACKU,
... Petitioner
Vs
1. STATE OF KERALA, REP.BY
... Respondent
2. SPECIAL TAHSILDAR, LAND ACQUISITION,
For Petitioner :SRI.JOHNY KURIAKOSE
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.PADMANABHAN NAIR
Dated :11/10/2007
O R D E R
K. PADMANABHAN NAIR ,J.
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W.P.(C) No.7790 of 2007 B
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Dated, this the 11th day of October, 2007
JUDGMENT
30 cents of the land belonging to the petitioner was acquired for a public
purpose. The petitioner had received the award amount. No reference under
Section 18 of the Land Acquisition Act for enhancement of the compensation was
made. Subsequently the petitioner has filed a petition under Section 28A of the
Land Acquisition Act claiming re-determination of the compensation on the
ground that in respect of some other properties acquired by the same notification
there was reference and the Land Acquisition Court has awarded enhancement.
The Land Acquisition Officer had also passed an award re-determining the
compensation. The grievance of the petitioner is that the Land Acquisition Officer
did not award any interest.
2. Government has filed a counter affidavit in which it was stated that
enhanced land value as well as solatium were paid to the petitioner. But the
counter is silent as to whether any interest was awarded on the re-determined
compensation under Section 28A of the Act. According to the petitioner he has
filed a petition before District Collector, Ernakulam on 2.9.2006 claiming interest
on the enhanced land value and solatium. In case the Land Acquisition Officer
had not awarded interest it is only just and proper that he shall pass a revised
award awarding interest under Section 34 of the Land Acquisition Act on the
WP(C) No.7790/2007 -: 2 :-
enhanced compensation which includes solatium also.
In the result, Writ Petition is disposed of in the following manner. There
will be a direction to the Land Acquisition Officer to consider the claim of the
petitioner for interest under Section 34 of the Land Acquisition Act on the
enhanced land value and solatium in case the same is not awarded while re-
determining the compensation under Section 28A of the Act. A decision shall be
taken within a period of three months from the date of receipt of a copy of this
judgment.
K. PADMANABHAN NAIR,
JUDGE.
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