Full Judgment Text
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PETITIONER:
STATE OF KERALA ETC.
Vs.
RESPONDENT:
T.K. UDAYA SANKARAN & ORS. ETC.
DATE OF JUDGMENT16/08/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
1995 SCC Supl. (3) 518 1995 SCALE (5)33
ACT:
HEADNOTE:
JUDGMENT:
WITH
CIVIL APPEAL NO. 7573 OF 1995
(Arising out of SLP (C) No. 7288 of 1987)
AND
S.L.P. (civil) No. 7156 of 1991
O R D E R
C.A.@ SLP (C) NOS. 7305 & 7288 OF 1987
Leave granted.
Respondent No. 3 has been served and Shri T.G.N. Nair
appeared for him. Service on Respondent Nos. 1 and 2 when
admittedly sought to be affected postal endorsement shows
"not known". It would be obvious that they appeared to have
managed to have the notice returned with that endorsement so
as to delay the disposal of the case. Therefore, the notice
must be deemed to have been served on them.
Notification under Section 3 of the Kerala Land
Acquisition Act, 1961, which is equivalent to Section 4(1)
of the Land Acquisition Act, 1894, was published on 22nd
June, 1976. The Land Acquisition Officer passed his award in
1977. On reference, the Additional Subordinate Judge
enhanced compensation on 24th June, 1980. Under these
circumstances, the claimants are not entitled to the
enhanced solatium and interest and the benefit of additional
amount as envisaged under Section 23 (1-A), 23(2), and 28 of
the Central Act as amended by Amendment Act 68 of 1984.
The appeal is accordingly allowed to the above extent.
However, the claimant-respondents are entitled to solatium @
15 per cent on the enhanced compensation and interest @ 4
per cent on the enhanced amount from the date of taking
possession till date of payment or deposit whichever is
earlier.
S.L.P. (C) No. 7156 of 1991
The Special leave petition is dismissed.