High Court Kerala High Court

State Of Kerala vs Renjith on 1 November, 2007

Kerala High Court
State Of Kerala vs Renjith on 1 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA App No. 453 of 2001()



1. STATE OF KERALA
                      ...  Petitioner

                        Vs

1. RENJITH
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.T.R.ASWAS

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :01/11/2007

 O R D E R
                  KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
                ------------------------------------------------------------------
                            L.A.A.453, 576 & 1048 of 2001
                                 69, 1004 & 1305 of 2002
                                             446 of 2003
                   Cross objection 33/2003 in LAA 576/2001 and
                   Cross objection 141/04 & 3/06 in LAA 453/2001
                 ------------------------------------------------------------------
                               Dated: November 1, 2007

                                         JUDGMENT

Kurian Joseph, J.

The State is aggrieved by the fixation of market value by the Reference

Court in these cases. The acquisition pertains to NH-17 at North Paravur. It is

seen that in LAA No.1531 of 2000 this court has sustained the enhancement at

the rate of 60% over and above the value fixed by the land acquisition officer. In

view of the judgment as above, these appeals are dismissed.

2. The cross-objectors have a grievance that they have not been granted

interest on solatium and other statutory benefits. Since it is now settled law that

the claimants are entitled to have all the statutory benefits including interest on

solatium, we make it clear that in case such benefits have not been granted to

the claimants, to the extent required, the judgment and decree stands modified

declaring that the claimants shall be eligible for all statutory benefits including

interest on solatium.

KURIAN JOSEPH, JUDGE

HARUN-UL-RASHID, JUDGE
mt/-

KURIAN JOSEPH &
HARUN-UL-RASHID, JJ.

———————————————-

L.A.A.453, 576 & 1048 of 2001
69, 1004 & 1305 of 2002
446 of 2003
Cross objection 33/2003 in
LAA 576/2001 and
Cross objection 3/2006
in LAA 453/2001

JUDGMENT

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1.11.2007