MURALI ALIAS DHANANJAYAN versus STATE OF KERALA

MURALI ALIAS DHANANJAYAN versus STATE OF KERALA

Where lands of different claimants were acquired under the same Section 4(1) notification and are similarly situated in the same survey, a claimant is entitled under Section 28(A) to re-determination of compensation at the enhanced rate awarded to other similarly situated claimants; accordingly the appellant is entitled to compensation at Rs.8,500 per Are, solatium @30%, other benefits under Sections 23(1A) and 28, half of costs, and interest at the same rate as awarded in the co-owners' cases; the Reference Court and High Court orders denying relief on limitation grounds were set aside.

Parties
Appellant: Murali alias Dhananjayan; Respondent: State of Kerala
Jurisdiction
India
Judgment Date
02 March 2021
Procedural Posture
Civil Appeal / Appeal to Supreme Court (judgment)
Outcome
Appeal allowed
Legal Topics
Compensation Determination, Re Determination Under Section 28(a), Limitation, Solatium, Interest
Land Acquisition Compensation Determination Re Determination Under Section 28(a) Limitation Solatium Interest

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Parties

Murali alias Dhananjayan

Appellant

State of Kerala

Respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court (judgment)

Legal Issues

  1. 1 Whether appellant is entitled to re-determination of compensation under Section 28(A) of the Land Acquisition Act, 1894 to match enhanced compensation awarded to other land owners whose lands were acquired under the same notification
  2. 2 Whether the Reference Petition filed by the appellant is barred by limitation

Ratio Decidendi

Where lands of different claimants were acquired under the same Section 4(1) notification and are similarly situated in the same survey, a claimant is entitled under Section 28(A) to re-determination of compensation at the enhanced rate awarded to other similarly situated claimants; accordingly the appellant is entitled to compensation at Rs.8,500 per Are, solatium @30%, other benefits under Sections 23(1A) and 28, half of costs, and interest at the same rate as awarded in the co-owners' cases; the Reference Court and High Court orders denying relief on limitation grounds were set aside.

Court Disposition

Appeal allowed

Orders

  • Compensation to appellant fixed at Rs.8,500 per Are for land acquired under Notification dated 11.05.1981
  • Appellant entitled to Solatium @ 30% of the amount awarded