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2013 DIGILAW 94 (SC)

Susamma Baby v. State of Kerala

2013-01-21

R.M.LODHA, SUDHANSU JYOTI MUKHOPADHAYA

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ORDER : 1. Leave granted. 2. On hearing Dr. K.P.K. Pillay, learned Senior Counsel for the appellant, Mr. M.T. George, learned Counsel for Respondent No. 1, and Mr. Ramesh Babu M.R., learned Counsel for Respondent No. 2, we are satisfied that there was no justification for the High Court to direct that enhanced compensation will not carry interest otherwise admissible under Section 28 of the Land Acquisition Act, 1894 (for short, 'Act') from November 27, 2007 to March 23, 2011. 3. In our view, it will be for the Sub Judge, Pathanamthitta, to whom the matters have been remanded, to decide on the aspect of interest under Section 28 of the Act during the period from November 27, 2007 to March 23, 2011, should the Sub Judge hold that appellant is entitled to enhanced compensation. 4. The impugned order is modified to the above extent. 5. Civil Appeals are, accordingly, allowed. No costs.