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2013 Supreme(Online)(KER) 3136

HIGH COURT OF KERALA
THOMAS P.JOSEPH, J
THE ADMINISTRATOR – Appellant
Versus
DISTRICT COLLECTOR – Respondent


O R D E R

These civil revisions arise from the separate orders passed by the learned second Additional Sub Judge, Thrissur in E.P.Nos.69 of 2010 and 70 of 2010 in L.A.R.Nos.86 of 2005 and 84 of 2005, respectively fixing balance amount payable to the respondents/claimants.

2. Contention of learned counsel for petitioner is that in fixing the balance amount due, the executing court has added value of structures as well and computed solatium at 30% for the aggregate amount. According to the learned counsel, as per Sec.23 (2) of the Land Acquisition Act, 1894 (for short, "the Act”), solatium is payable only on market value of the land and not for improvements and structures thereon. In that view of the matter, it is contended that the view taken by the executing court is not correct.

3. Learned counsel for respondents submits that solatium (Sec.23(2) of the Act) is part of the compensation and that it is payable in addition to the market value of the land. Learned counsel points out that the expression 'land' as defined in Sec.3(a) of the Act includes benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth. Learned counsel

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