Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894- ss. 23(1A) 34- Land acquisition - Claim of solatium for the enhanced amount of c compensation and interest thereof- Interest on solatium - Date of payment of solatium -Acquisition of rubber estate - Award passed for solatium and interest on compensation including solatium Land Acquisition Act 28 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Land Acquisition Act, 1894- ss. 23(1A), 28, 34- Landacquisition - Claim of solatium for the enhanced amount of compensation and interest thereof- Interest on solatium -Date of payment of solatium -Acquisition of rubber estate -Award passed for solatium and interest on compensationincluding solatium - As regards enhanced compensation,High Court upheld that solatium is payable by State Government for the enhanced compensation awarded for themarket value of the entire land, thus, it provided solatium forthat portion of land value based on the capitalization methodof yielding rubber trees and directed the respondents tocompute balance amount payable under the decree - However, the High Court awarded the interest on solatiumw.e.f. 19.09.2001, the date of judgment delivered byConstitution Bench in Sunder's case instead of from the dateof their entitlement under the provisions of ss. 23(1 A) and 28- On appeal, held: In view of difference of opinion between two judges, matter referred to larger Bench. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2015 INSC 659 |
Petitioner | M/s Periyar & Pareekanni Rubbers Ltd. |
Respondent | State Of Kerala |
SCR | [2015] 11 S.C.R. 1 |
Judgement Date | 2015-09-14 |
Case Number | 7034-7037 |
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