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2007 Supreme(Online)(KER) 48194

HIGH COURT OF KERALA
M.N.KRISHNAN, K VINOD CHANDRAN, JJ
JOSEPH – Appellant
Versus
MATHAI – Respondent


O R D E R

The revision is by the requisitioning authority, which sought the aid of the State Government in acquiring certain lands under the Land Acquisition Act, 1894 for establishment of Cochin Export Processing Zone at Kakkanad. The respondents are the legal heirs of the original land owner. The land acquisition references concluded in a decree dated 22.12.1989 wherein certain enhancements were granted. Subsequently, on appeal, a Division Bench of this Court reduced the compensation amount by a judgment and decree in LAA 351/1994 dated 28.8.1997. The said judgment was passed in a batch of appeals filed by the State Government.

2. Execution petitions were filed for obtaining the amounts awarded by the reference court as modified by the appellate court. In the case of the revision petitioner in EP No.1082/1993, amounts were deposited by the State on

15.10.1994 and 1.9.2000. The entire amounts as per the award being satisfied, the EP was closed on 1.9.2000.

3. Subsequently, the Hon'ble Supreme Court in Sunder v. Union of India[(2001)7 SCC 211] considered the issue of grant of interest on solatium and 12% additional market value and found the claimants to be entitled to such interest.

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