The High Court dismissed the State's land acquisition appeal while modifying the lower court decree. The court held claimants are entitled to interest on solatium, relying on the Supreme Court decision in Sunder v. Union of India.
Appeal dismissed by the State; claimants granted entitlement to interest on solatium.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE KURIAN JOSEPH &
THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID
THURSDAY, THE 6TH DECEMBER 2007 / 15TH AGRAHAYANA 1929
LA.App..No. 529 of 2002() and Cross Objection ------------------------LAR.27/1995 of II ADDL.SUB COURT,TRIVANDRUM
APPELLANT: RESPONDENT
STATE OF KERALA
BY GOVERNMENT PLEADER, SMT.LATHA K ADDL.ADVOCATE GENERAL
RESPONDENTS: CLAIMANTS
BY ADV. SRI.T.M.CHANDRAN SRI.T.M.CHANDRAN
SRI.V.AJAKUMAR
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 06/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER ON C.M.P.NO.6202/2002 IN CROSS OBJECTION IN L.A.A.No.529/2002
ALLOWED.
SD/- KURIAN JOSEPH, JUDGE SD/- HARUN-UL-RASHID, JUDGE
06/12/2007
ORDER ON C.M.P.NO.4082/2004 IN L.A.A.No.529/2002
CLOSED.
SD/- KURIAN JOSEPH, JUDGE SD/- HARUN-UL-RASHID, JUDGE
06/12/2007
\TRUE COPY//
KURIAN JOSEPH & HARUN-UL-RASHID, JJ .
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Land Acquisition Appeal No. 529 of 2002-B and Cross Objection
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Dated this the 6th day of December, 2007
J U D G M E N T
Kurian Joseph, J.
This is an appeal filed against the judgment and decree in L.A.R No.27/1995 on the file of the Sub Court, Thiruvananthapuram. The acquisition is for the purpose of expansion of Museum and Zoo. It is seen that the relied on judgment has become final in view of the judgment in L.A.A.No.935/1997. Therefore, the appeal filed by the State is only to be dismissed.
The claimant has a grievance that he has not been granted the statutory benefit of interest on solatium. Being a settled position [See the decision reported in Sunder v. Union of India (2001 (3) KLT 489 (SC)] , we hold that the claimant is entitled to interest on solatium also. Subject to the above modification in the judgment and decree, this appeal is dismissed.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE
ms
2 issues framed by the court
Whether the appeal filed by the State against the final judgment should be dismissed.
Whether claimants are entitled to statutory interest on solatium.
Colour shows how this judgement treated each authority
Sunder v. Union of IndiaRelied on¶40
Sunder v. Union of India (2001 (3) KLT 489 (SC)
L.A.A.No.935/1997Relied on¶39
L.A.A.No.935/1997
1 provisions across 1 enactments
STATE OF KERALA
CLAIMANTS
KURIAN JOSEPH
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
KURIAN JOSEPH and HARUN-UL-RASHID
Parties & counsel
