IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 996 of 2002(D)
1. STATE OF KERALA.
... Petitioner
Vs
1. JOSEPH, MADATHIPARAMBIL,
... Respondent
2. ST. ANN'S CHURCH, ELOOR.
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.ANTONY DOMINIC
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN
Dated :02/02/2007
O R D E R
KURIAN JOSEPH & K.T. SANKARAN, JJ.
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L.A.A. No. 996 OF 2002 &
CROSS OBJECTION No. 39 OF 2006
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Dated this the 2nd February , 2007
J U D G M E N T
Sankaran, J:
The Land Acquisition Court relied on the judgment in L.A.R.No. 304
of 1997 to fix the enhanced land value. Learned Government Pleader
submits that no appeal was filed against the judgment and decree in
L.A.R. No. 304 of 1997. Therefore the challenge in the appeal fails and
the appeal is accordingly dismissed.
Respondent has filed a Memorandum of Cross Objection
contending that the court below did not grant interest on solatium. As held
in Sunder vs. Union of India (2001(7) SCC 211) the land owner is
entitled to interest on solatium as well. Accordingly, the Memorandum of
Cross Objection is allowed. Claimants shall be paid interest on solatium as
well. The judgment and decree of the court below are modified to the
above extent.
KURIAN JOSEPH, JUDGE.
K.T. SANKARAN, JUDGE.
lk
KURIAN JOSEPH &
K.T. SANKARAN, JJ.
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L.A.A. No. 996 OF 2002 &
CROSS OBJECTION. 39 OF 2006
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Dated this the 2nd February, 2007
J U D G M E N T