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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.
2. These appeals by special leave are directed against the impugned common judgment and order dated 07.04.2010 passed by the High Court of Kerala at Ernakulam in Civil Revision Petition Nos. 196, 199, 205 and 208 of 2009 (filed against the order dated 15.10.2008 of the learned Sub-Judge, Ernakulam - the Execution Court), wherein the dispute between the parties related to the claim of solatium for the enhanced amount of compensation and interest thereon in respect of the acquired land. The High Court has confirmed that solatium is payable on that portion of land value based on capitalization method of yielding rubber trees and directed to compute balance amount payable under the decree, but awarded the interest on solatium from 19.09.2001, the date when judgme
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