Kerala Court December 1977 Judgments

Ommen Simon and ors. Vs. State of Kerala

Court: Kerala

Reported in: AIR1978Ker130

Gopalan Nambiyar, C.J.1. These three cases raise a common question in regard to the correctness of certain observations in a Division Bench Judgment of this Court in State of Kerala v. Periyar & Pareekanni Rubber Ltd., Palai (ILR (1973) 2 Ker 1), in which, the judgment was delivered by one of us (myself). The question is whether interest can be awarded on the statutory solatium provided for under the Land Acquisition Act, in reckoning the compensation payable.2. C. M. P. No. 9569 of 1977 : The question arises on an application preferred to correct the decree passed by this Court in L. A. A. No. 305 of 1976. The decree, which was drawn up by the office, limited interest at 4 per cent to the amount of compensation awarded, excluding solatium. The office, when drawing up the decree, followed the principle of the Supreme Court decision reported in Union of India v. Bam Mehar (AIR 1973 SC 305). We have examined this case. The Supreme Court's decision was with reference to Section 4 (3) of t...