High Court Kerala High Court

State Of Kerala vs Thresamma on 11 August, 2008

Kerala High Court
State Of Kerala vs Thresamma on 11 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 942 of 2007()


1. STATE OF KERALA,
                      ...  Petitioner

                        Vs



1. THRESAMMA, W/O.VARKEY, NATTUVAZHI
                       ...       Respondent

2. JOSEPH, S/O.VARKEY, NATTUVAZHI

3. VARKEY, S/O.VARKEY, NATTUVAZHI PARAMBIL

4. SEBASTIAN, S/O.VARKEY, NATTUVAZHI

5. MARY, D/O.VARKEY, NATTUVAZHI PARAMBIL,

6. ELEY, D/O.VARKEY, NATTUVAZHI PARAMBIL,

7. ANNA, D/O.VARKEY, NATTUVAZHI PARAMBIL,

8. BRIJITHA, D/O.VARKEY, NATTUVAZHI

9. ROSAMMA, D/O.VARKEY, NATTUVAZHI PARAMBIL

10. LISYMOLE, D/O.VARKEY, NATTUVAZHI

11. REGISTRAR, M.G.UNIVERSITY,

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI. T.A. SHAJI, SC, M.G.UNIVERSITY

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :11/08/2008

 O R D E R
                   M.SASIDHARAN NAMBIAR, J.

                      -------------------------------

                         C.R.P.No.942 of 2007

                      -------------------------------

                   Dated this the 11th August, 2008.

                               O R D E R

State has filed the revision petition challenging the

order of Principal Sub Court, Kottayam, in E.P.No.327 of 1997 in

L.A.R.No.46 of 1990 dated 6.11.2006, whereunder Executing Court

fixed the amount due to claimants at Rs.36,560/=.

2. Learned Government Pleader argued that as interest

on solatium and the benefit under Section 23(1A) of Land Acquisition

Act was not specifically awarded, finding of the executing court that

interest is payable on solatium and benefit under Section 23(1A) is

not correct. Learned Government Pleader fairly submitted that the

judgment in L.A.A.No.1399 of 1997 wherein a cross objection was

also filed by the claimants show that claimants are entitled to all

statutory benefits available under the Land Acquisition Act, on the

enhanced compensation awarded. This decision was rendered

subsequent to the Constitution Bench decision in Sundar v. Union of

India (2001 (3) KLT 489). Therefore, this is not a case where

entitlement of interest on solatium and benefit under Section 23 (1A)

CRP. No.942 of 2007

2

of Land Acquisition Act was not considered or granted as envisaged in

the decision of the Apex Court in Gurpreet Singh v. Union of India

(2006 (8) SCC 457). Therefore, the interest on solatium and benefit

under Section 23(1A) cannot be restricted from the date of

pronouncement of the decision in Sundar’s case (supra). As rightly

found by the execution court, claimants are entitled to interest on

solatium, as well as the benefit under Section 23(1A) of the Land

Acquisition Act. Therefore, revision fails and is dismissed. If there is

any calculation mistake committed by the court, petitioner is entitled

to move the executing court to correct the same.

M.SASIDHARAN NAMBIAR,
JUDGE

nj.