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1989 Supreme(Ker) 67

SREEDHARAN
Mahalekshmi Jayanthi – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. Lands belonging to the petitioner and her sister were acquired under the provisions of Kerala Land Acquisition Act for a public purpose. An amount of Rs.20,28,911.60 was fixed as compensation as per Award 2/84 dated 11-6-1984. The entire amount was deposited before the Subordinate Judge's Court, Trivandrum under Ss.32 and 33(2) of the Kerala Land Acquisition Act. The land and the buildings thereon were taken possession of by the Government on 22-6-1984. Petitioner claimed the benefits under Land Acquisition Act, 1894 as amended by Act 68 of 1984. As per the Central Act, petitioner was entitled to interest under S.23(1-A) and thirty per centum of market value as solatium under clause (2) of S.23. In the award no interest was paid as contemplated by S.23(1-A). The solatium that was awarded was only at the rate of 15%. When interest and solatium were calculated as provided by clauses (1-A) and (2) of S.23, the total amount of compensation payable to the petitioner came to Rs.27,87,727.34. This shows that the petitioner and her minor sister were entitled to get a sum of Rs.7,58,815.74 more than that covered by the award as compensation. That amount was paid in two equal












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