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2025 Supreme(Online)(Ker) 43451

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J
GOPI K – Appellant
Versus
THE NATIONAL HIGHWAY AUTHORITY OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.N.MANOJ
For the Respondents: SHRI.B.G.BIDAN CHANDRAN, SHRI.NANAVATI MAULIK.G, SRI.AJITH VISWANATHAN, Smt.DEEPA NARAYANAN, SHRI.SANTHOSH MATHEW (SR.), SRI.ARUN THOMAS, SRI.ANIL SEBASTIAN PULICKEL, SMT.MANASA BENNY GEORGE, SHRI.KURIAN ANTONY MATHEW

COMMON JUDGMENT

In the above three Writ Petitions, the issue centers around the claim of the respective petitioners to get solatium and interest on the compensation amount awarded pursuant to the acquisition of the petitioners’ land under the provisions of the National Highways Act, 1956 (‘N.H. Act’, for short). The reliefs are claimed specifically on the basis of the law declared by the Hon'ble Supreme Court in Union of India and Another v. Tarsem Singh and Others [ 2019 KHC 6936 ].

2. The factual matrices in all the three cases are similar, which are noted here below:

W.P.(C.) No.8799 of 2023

3. The petitioners are co-owners and their land, having an extent of 0.0267 hectares, has been acquired for the widening of the National Highway in terms of N.H. Act. The competent authority passed Ext.P1 Award dated ‘nil’ fixing a compensation of Rs.5,62,024/- (L.A.C. No.497/2009). The petitioners approached the Arbitrator seeking enhancement of compensation. The same was allowed and the compensation was enhanced to Rs.13,34,982/-. Ext.P2 evidences sanction for payment of compensation, together with interest, from the date of taking possession of the land, wherein the total amount shown is Rs.

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