Kerala High Court
P.I.Kandan vs State Of Kerala on 16 February, 2009
Author: Pius.C.Kuriakose
Bench: Pius C.Kuriakose, C.K.Abdul Rehim
IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 1225 of 2008()
1. P.I.KANDAN, 1/338, PUZHKALA,
... Petitioner
Vs
1. STATE OF KERALA.
... Respondent
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :16/02/2009
O R D E R
PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
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R.P.NO.1225 of 2008 IN
L.A.A.No. 1469 OF 1997
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Dated this the 16th day of February, 2009
ORDER
Pius.C.Kuriakose, J.
Having regard to the submissions addressed before us by Sri.P.V.Kunhikrishnan, learned counsel for the review petitioner and Sri.P.K.Babu, learned senior Government Pleader and also the principles laid down by the Constitution Bench of the Supreme Court in Sunder v. Union of India ( 2001(7) SCC 211), we are of the view that there is justification for allowing the review petition. The Constitution Bench of the Supreme court has declared the law in Sunder's case which means that law has always been that the solatium component of the compensation will also carry interest at the rates permitted under Section 28 of the Land Acquisition Act. Accordingly, we allow the review petition and substitute the last sentence in the judgment by the following sentence.
"The respondents will be entitled for interest on solatium also". However in view of the order passed in C.M.Appln.2191/08, they will not be entitled for such interest during the period from 03/03/2000 to 25/09/2008.
PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE sv.