SUPREME COURT
V. Gopala Gowda, Adarsh Kumar Goel, JJ
Periyar & Pareekanni Rubbers (M/s) Ltd. v. State of Kerala
| Table of Content |
|---|
| 1. compensation-related facts and procedural history (Para 2 , 3 , 4 , 5 , 6 , 7 , 9 , 10) |
| 2. arguments regarding interest on solatium (Para 11 , 12 , 14) |
| 3. court's observation on legislative intent and binding precedents (Para 15 , 16 , 19 , 20 , 27 , 28) |
| 4. ratio regarding statutory rights on solatium interest (Para 17 , 22 , 23 , 25) |
| 5. judicial disagreement with proposed judgment (Para 30 , 31) |
1. Leave granted.
3. The brief facts of the case are stated hereunder: -
Various portions of rubber estate of the appellant situated in village Kuttamangalam was acquired by the State Government in exercise of its eminent domain power pursuant to the notification dated 10.10.1978 issued under S.4(1) of the Act for the purpose of Periyar Valley Irrigation Project.
5. Being dissatisfied with the compensation, the appellant filed Land Acquisition Reference (LAR) Nos. 425, 427, 428, 429, 432, 434, 435, 456, 458 and 463 of 1988 before the Court of III Additional Sub-Judge, Ernakulam (the Reference Court) under S.18 of the Act.
7. In some of the abovesaid LARs, payments were made by respondent - State in full and final settlement of the enhanced compensation, solatium and interest on
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