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2020 Supreme(Online)(KER) 32181

HIGH COURT OF KERALA
Sathish Ninan, J
VARGHESE – Appellant
Versus
THE ARBITRATOR (N.H) AND DISTRICT COLLECTOR – Respondent


Advocates:
SRI.GEORGE MECHERIL, SRI.K.P.HARISH

JUDGMENT

The Apex Court in Union of India and Another v.

Tarsem Singh and Others [ (2019) 9 SCC 304 ] held thus:

“We therefore declare that the provisions of the Land Acquisition Act relating to solatium and interest contained in Section 23 (1A) and (2) and interest payable in terms of section 28 proviso will apply to acquisitions made under the National Highways Act . Consequently, the provision of Section 3J is, to this extent, violative of Article 14 of the Constitution of India and therefore, declared to be unconstitutional.”

2. Relying on the said judgment and claiming interest on solatium in terms thereof, the petitioners have submitted Exts.P4 and P4(a) representations which are pending consideration before the 2nd respondent. In similar matters, which came up for consideration before this Court in W.P.(C).Nos.16794 and 25134 of 2020 and connected matters, this Court had directed the Special Deputy Collector to consider the representations, with notice to the third respondent. The same course is adopted in the present case also.

The writ petition is disposed of directing the 2nd respondent to consider the representations filed by the petitioners, in the light of the judgments re

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