IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 CRP.No. 1535 of 2003() AGAINST ORDER DATED 14.3.2003 IN I.A.NO.1985/2002 IN L.A.R.NO.73/1996 OF SUB COURT, MUVATTUPUZHA. REVN. PETITIONERS: CLAIMANTS --------------------------- 1. MATHAI S/O. VARKEY, AGED 54 YEARS, ANIKUZHIYIL HOUSE, NAGAPUZHA KARA, KALLOORKKAD VILLAGE, MUVATTUPUZHA TALUK 2. JACOB S/O. VARKEY, AGED 51 YEARS, ANIKUZHIYIL HOUSE, NAGAPUZHA KARA, KALLOORKKAD VILLAGE, MUVATTUPUZHA TALUK BY ADV. SRI.MANUEL THOMAS RESPONDENT: RESPONDENT ----------------------- STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM. BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- C.R.P. NO. 1535 OF 2003 H -------------------------------------------- Dated this the 9th January, 2008 O R D E R Petitioners are the claimants in L.A.R.No.73 of 1996, on the file of the Court of the Subordinate Judge, Muvattupuzha. L.A.R.No.73 of 1996 was tried along with other connected land acquisition reference cases. In the present case and in the other connected cases, the court below awarded 30% solatium, but interest on solatium was not awarded. On the basis of the decision in Sunder v. Union of India (2001 (3) KLT 489 (SC)), the awardees contended that they are entitled to interest on solatium as well. The petitioners filed I.A.No.1985 of 2002 for correction of the decree in L.A.R.No.73 of 1996. That application was dismissed by the court below by the order impugned in this Revision. Similar orders passed in the connected cases were also challenged in C.R.P.Nos.1536 of 2003, 1688 of 2003 and 1633 of 2003. Those Revisions were allowed by this Court and the orders impugned therein were set aside. It was held that the claimants are entitled to interest on solatium at the rate of 9% per annum for one year from the date of taking possession of the land and thereafter, at the rate of 15% till realisation. It was also held that the claimants are entitled to get interest at the above rates on the amount awarded towards increase on enhanced land value. C.R.P.NO.1535 OF 2003 :: 2 :: 2. Following the decisions in connected cases, it is just and necessary to allow this Revision as well. Now, it is well settled by the decision of the Supreme Court that the claimants are entitled to interest on solatium. It was held by the Supreme Court in Gurpreet Singh v. Union of India ((2006) 8 SCC 457) that even when the decree is silent about interest on solatium, the executing court can grant interest on solatium. In view of the decision of the Supreme Court, it is only appropriate to allow the Revision and to set aside the order impugned in this Revision. The Civil Revision Petition is allowed and the order impugned is set aside. I.A.No.1985 of 2002 in L.A.R.No.73 of 1996 is allowed. The petitioners shall be entitled to interest on solatium at the rate of 9% per annum for one year from the date of taking possession of the land and thereafter, at the rate of 15% per annum till realisation. The petitioners shall also be entitled to get interest at the above rates on the amount awarded towards increase on enhanced land value. (K.T.SANKARAN) Judge ahz/ K.T.SANKARAN, J. ------------------------------------------- ------------------------------------------- C.R.P.NO. 1535 OF 2003 H O R D E R 9th January, 2008 -------------------------------------------