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2003 Supreme(Ker) 71

J.B.KOSHY
Kallianikutty Amma – Appellant
Versus
The Special Tahsildar (LA) – Respondent


Judgment :-

1. Can the Collector grant interest under S.34 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') on the enhanced amount awarded on re-determination of compensation under S.28A of the Act, especially when the original award of the Collector is prior to the amendment of the Act No. 68 of 1984, is the main issue to be decided in this appeal.

2. Before answering the question, I may consider the facts of the case. An extent of 10.5923 hectares of land in Tikkodi village of Koyilandy Taluk was acquired for the construction of Buffer storage godown of Food Corporation of India (second respondent herein). The above land was owned by several persons including the appellant. Possession was taken on 29.6.1978. Award No. 8 of 1978 was passed by the Land Acquisition Officer on 30.12.1978 assessing land value at the rate of Rs. 960-50 per cent uniformly to all claimants for the entire extent of land. Appellant/ claimant did not apply for reference under S.18 of the Act. But, some of the adjacent land owners applied for reference under S.18 and one of the reference is numbered as L.A.R. No. 388 of 1981. Civil Court in that case enhanced the land value at the rate
























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