IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 24TH OCTOBER 2007 / 2ND KARTHIKA 1929 LA.App.No. 1702 of 2002(A) --------------------------------- LAR.91/1997 of SUB COURT, SULTHAN BATHERY .................... APPELLANTS/RESPONDENTS: ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, WAYANAD. 2. SPECIAL TAHSILDAR, LA NO.II, KRP & BSIP, KALPETTA. BY GOVERNMENT PLEADER SMT. K.R. DEEPA RESPONDENT/CLAIMANT: ------------------------------ SRI. M.D. RAVEENDRA KUMAR, S/O. DEVASA GOWDER, VIJAYA KUMAR ESTASTE, NADAKKITHALA P.O., WAYANAD. BY ADV. SRI. G.G. MANOJ THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 24/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A. NO. 1702 OF 2002 ----------------------------------------- Dated this the 24th day of October, 2007. J U D G M E N T Kurian Joseph, J. This is an appeal filed against the judgment and decree in L.A.R. No. 91/1997 on the file of the Sub Court, Sulthan Bathery. Acquisition is for the purpose of Karapuzha Irrigation Project. 2. It is seen that the reference court has followed capitalisation method. The multiplier applied is '15'. In view of the decision of the Supreme Court in Airports Authority of India vs. Satyagopal Roy and others (AIR 2002 SC 1423), the multiplier can only be '10'. Therefore, we partly allow the appeal and the judgment and decree will stand modified to the extent of application of multiplier only as '10'. However, we make it clear that in case the claimant has not been granted interest on solatium, being a settled position [See the decision reported in Sunder vs. Union of India (2001(3) KLT 489)], the claimant shall be entitled to get interest on solatium. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp KURIAN JOSEPH & HARUN-UL-RASHID, JJ. L.A.A. NO. 1702 OF 2002 J U D G M E N T 24.10.2007