IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 LA.App..No. 100 of 2008(D) -------------------------- LAR.133/1995 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANTS 1,2,4,5,6,7,8 AND 9: -------------------------------------------- 1. KARTHYAYINI, W/O. LATE KRISHNAN, AGED 77, PARAYAMVELIYIL HOUSE, MANAKUNNAM VILLAGE, UDAYAMPEROOR, NADAKAVU P.O., ERNAKULAM DISTRICT. 2. RAJAPPAN, S/O. LATE KRISHNAN, PARAYAMVELIYIL HOUSE, UDAYAMPEROOR (DIED). 3. VALSAN, S/O. LATE KRISHNAN, AGED 52, MANGATHPARAMBIL, PARAYAMVELIYIL HOUSE, MANAKUNNAM VILLAGE, UDAYAMPEROOR, NADAKAVU P.O., ERNAKULAM DISTRICT. 4. SHAKUNTHALA, D/O.LATE KRISHNAN, AGED 48, PARAYAMVELIYIL HOUSE, MANAKUNNAM VILLAGE, UDAYAMPEROOR, NADAKAVU P.O., ERNAKULAM DISTRICT. 5. SUGUNAN, S/O.LATE KRISHNAN, AGED 44, PARAYAMVELIYIL HOUSE, MANAKUNNAM VILLAGE, UDAYAMPEROOR, NADAKAVU P.O., ERNAKULAM DISTRICT. 6. RAJU, S/O.LATE KRISHNAN, AGED 42, PARAYAMVELIYIL HOUSE, MANAKUNNAM VILLAGE, UDAYAMPEROOR, NADAKAVU P.O., ERNAKULAM DISTRICT. 7. BHASKARAN, S/O.LATE KRISHNAN, AGED 40, PARAYAMVELIYIL HOUSE, MANAKUNNAM VILLAGE, UDAYAMPEROOR, NADAKAVU P.O., ERNAKULAM DISTRICT. 8. AMBIKA, D/O. LATE KRISHNAN, AGED 38, PARAYAMVELIYIL HOUSE, MANAKUNNAM VILLAGE, UDAYAMPEROOR, NADAKAVU P.O., ERNAKULAM DISTRICT. BY ADV. SRI.J.MATHAPPAN SRI.AGINOV MATHAPPAN SMT.K.SHERIN MOHAN RESPONDENT(S): RESPONDENTS/ CLAIMANTS 3 & 10: --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. ALLY, D/O. LATE KRISHNAN, PARAYAMVELIYIL HOUSE, NOW RESIDING AT KUNDANAM KANDAM, NADAKAVU P.O., ERNAKULAM DISTRICT. 3. RADHA, D/O. LATE KRISHNAN, PARAYAMVELIYIL HOUSE, NOW RESIDING AT KUNDANAM KANDAM, NADAKAVU P.O., ERNAKULAM DISTRICT. 4. SANTHA, D/O. LATE RAJAPPAN, AGED 55, PARAYAMVELIYIL HOUSE, NOW RESIDING AT THOTTIPARAMBU, NADAKKAVU P.O., ERNAKULAM DISTRICT. 5. BINDHU, D/O. LATE RAJAPPAN, AGED 28, PARAYAMVELIYIL HOUSE, NOW RESIDING AT THOTTIPARAMBU, NADAKKAVU P.O., ERNAKULAM DISTRICT. 6. RAJESH, S/O. LATE RAJAPPAN, AGED 26, PARAYAMVELIYIL HOUSE, NOW RESIDING AT THOTTIPARAMBU, NADAKKAVU P.O., ERNAKULAM DISTRICT. GOVERNMENT PLEADER SRI.BASANT BALAJI SRI.A.M.SHAFFIQUE THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ L.A.A.No. 100 OF 2008 ------------------------ Dated this the 29 th day of January, 2010 JUDGMENT Pius C.Kuriakose, J. The claimants are in appeal. We have heard the submissions of the learned counsel for the appellants and those of Smt.Thusara James, learned counsel for the requisitioning authority and Sri.Basant Balaji, learned senior Government Pleader for the Government. 2. The only point, which arises for decision, is the eligibility of the claimants to statutory interest admissible under Section 28 on the solatium component of the enhanced compensation and also on the additional amount under Section 23(1A). We find considerable merits in the grounds raised in the appeal memorandum, in that context. In view of judgment in Sunder v. Union of Indian (2001 (3) KLT 489(SC) and subsequent decisions of the Supreme Court rendered in the context of eligibility of the claimant for statutory benefits including the benefit under Section 28, we uphold the above grounds and allow the appeal by issuing a clarification that the solatium LAA.No.100/2008 2 component of the enhanced compensation as well as the additional amount under Section 23 (1A) to which the appellants are eligible under the impugned judgment will also carry interest under Section 28 i.e. 9% during the first year and thereafter at the rate of 15% till the date of the payment. The appeal stands allowed to the above extent. The parties are directed to suffer their costs. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM , JUDGE dpk