IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 LA.App..No. 199 of 2009() ------------------------- LAR.365/1988 of III ADDL.SUB COURT, ERNAKULAM .................... APPELLANT(S): CLAIMANTS IN LAR -------------- 1. C.R. GOKULAN, AGED 58, S/O. LATE RAGHAVAN CHANAYIL HOUSE, EROOR DESOM, NADAMA VILLGE, KANAYANNUR TALUK. 2. C.R. SALIMKUMAR, AGED 54, S/O. DO...DO... BY ADV. SRI.M.RAVIKUMAR RESPONDENT(S): RESPONDENT IN LAR --------------- STATE OF KERALA, BY GOVT. PLEADER SRI.P.K.BABU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. - - - - - - - - - - - - - - - - - - - - - L.A.A.No. 199 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of February, 2009 JUDGMENT Pius.C.Kuriakose, J. This appeal filed by the claimants is confined to the question of claimant's eligibility for interest on the solatium component of the compensation awarded by the reference court. The grievance of the appellant is that the learned Subordinate Judge has not specifically directed payment of interest at the statutory rates admissible under Section 28 of the Land Acquisition Act on the solatium component of the compensation and also on the component under Section 23 (1)(A) of the Land Acquisition Act. 2. As for the claimant's eligibility for interest on solatium, the issue is finally settled by the judgment of the Constitution Bench of the Supreme Court in Sunder v. Union of India ( 2001(7) SCC 211). The issue regarding claimant's eligibility for interest at the statutory rates under Section 28 on the special amounts allowed to him under Section 23(1)(A) is also settled by decisions of the Supreme Court and this court. LAA.No.199/09 2 Under these circumstances, we allow the appeal and modify the judgment and decree under appeal to the extent of providing that the amount which is awarded to the appellant towards solatium and also towards Section 23(1)(A) will also carry interest at the rates admissible under Section 28 of the Land Acquisition Act ( 9% during the first year and 15% thereafter). No costs. PIUS.C.KURIAKOSE JUDGE C.K.ABDUL REHIM JUDGE sv. LAA.No.199/09 2