MARY GEORGE Vs. KERALA STATE

JUDGEMENT

(1.) The question involved is whether the interest component under Section 28 of the Land Acquisition Act (for short, "the Act") would get assimilated into compensation awarded under S. 23 of the Act and therefore on such interest component, the State is liable to pay further interest either under S. 34 of the Act or under Section of the Code of Civil Procedure (for short, "the Code") Petitioners are the E, M, S, V, and W claimants in L.A.R. No. 44 of 1986 of the Sub Court, Thrissur. 43.6814 Hectares of land was acquired for the 2nd respondent. The reference court passed a common award on 05.03.1991 in L.A.R. Nos. 44 and 45 of 1986. Against the award in L.A.R. No. 44 of 1986, 1st respondent filed L.A.A. No. 595 of 1992. By Ext.P2, judgment dated 23.05.2003 this Court allowed the appeal by way of remand. Though the 2nd respondent filed S.L.P. (C) No. 17650 of 2003, that was dismissed as per Ext.P4, judgment dated 6.10.2003. Second petitioner as a legal representative of one of the J claimants filed L.A.A. No. 346 of 2003. That appeal was allowed by Ext.P3, judgment dated 04.09.2003 by way of remand. Reference court thereafter passed Ext.P5, common judgment dated 27.09.2007.

(2.) M claimant filed L.A.A. No. 1159 of 2008 while the S claimant filed L.A.A. No. 358 of 2008. In that appeal, the E, P, V and W claimants preferred cross objection. Second respondent filed L.A.A. No. 944 of 2009. This Court passed Ext.P6, common judgment on 23.4.2010 awarding compensation under sub-ss. (1A) and (2) of S. 23 of the Act as well and allowing interest under S. 28 of the Act. Though 2nd respondent challenged the common judgment in the Supreme Court, Special Leave Petition was dismissed as per Ext.P8, judgment dated 14.3.2011.

(3.) Petitioner filed Ext.P9, execution petition pursuant to Ext.P6, judgment dated 23.4.2010 claiming Rs. 15,23,77,455.67. Second respondent contended that petitioners have computed interest on the interest awarded under S. 28 of the Act. Executing Court accepted that contention as per Ext.P11, order which is under challenge.