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2020 Supreme(Online)(KER) 45903

HIGH COURT OF KERALA
A. Muhamed Mustaque, J
LAKSHMIKUTY AMMA – Appellant
Versus
THE DEPUTY COLLECTOR – Respondent


Advocates:
SRI.K.S.BHARATHAN, SRI.ABEL ANTONY, SRI.CHRISTINE MATHEW, SRI.S GOPINATHAN, SR.GP

JUDGMENT

Dated this the 23rd day of March 2020 This writ petition is filed by the persons who claim that the land belonged to them was acquired for the purpose of widening of the National Highway. The petitioners filed this writ petition since they were not awarded solatium and interest. Their clam is based on the judgment of the Apex Court in Vidya Devi v. State of Himachal Pradesh and Others [2020

2 SCC 569].

2. The petitioners approached the competent authority as well as the District Collector by way of Exts.P3 and P4 representations.

3. The learned Standing Counsel for 3rd respondent-

Project Director, National Highway would submits that the petitioners were awarded compensation a decade ago and their remedy is to challenge the compensation amount awarded in accordance with the provisions of National Highway Act if they were not granted solatium and interest.

4. As seen from the documents produced before this Court, the compensation amount was originally determined by the competent authority and thereafter, inadequacy of the compensation was considered in arbitration request by the District Collector. It is to be noted that the petitioners could not claim for solatium and interes

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