SIMON Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE three cases raise a common question in regard to the correctness of certain observations in a Division Bench Judgment of this Court in State of Kerala v. Periyar Pareekanni Rubber Ltd., Palai (ILR. (1973) 2 Ker. 1), in which, the judgment was delivered by one of us (myself). The question is whether interest can be awarded on the statutory solatium provided for under the Land Acquisition Act, in reckoning the compensation payable.

(2.) C. M P. No. 9569 of 1977 The question arises on an application preferred to correct the decree passed by this Court in L A.A No. 305 of 1976. The decree, which was drawn up by the office, limited interest at 4% to the amount of compensation awarded, excluding solatium. The office, when drawing up the decree, followed the principle of the Supreme Court decision reported in Union of India v. Ram Mehar AIR. 1973 SC. 305). We have examined this case. The Supreme Court's decision was with reference to S.4 (3) of the Land Acquisition (Amendment and Validation) Act (1967), which is as follows;

(3.) THE observations in State of Kerala v. Periyar and Pareekanni Rubber Ltd, Palai (ILR. (19 3 2 Ker. 1) in Para.18 of the Judgment are as follows: