STATE OF KERALA versus JOSEPH, MADATHIPARAMBIL

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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STATE OF KERALA v. JOSEPH, MADATHIPARAMBIL - LA App No. 996 of 2002(D) [2007] RD-KL 2525 (2 February 2007)

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.

................................................................................... L.A.A. No. 996 OF 2002 & CROSS OBJECTION No. 39 OF 2006 ...................................................................................

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.

........................................................ L.A.A. No. 996 OF 2002 & CROSS OBJECTION. 39 OF 2006 .........................................................

Dated this the 2nd February, 2007

J U D G M E N T



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