of Kerala Vs. T.K. Udaya Sankaran & Ors
 INSC 397 (16
K. Ramaswamy, K. Hansaria B.L. (J)
1995 SCC Supl. (3) 518 1995 SCALE (5)33
APPEAL NO. 7573 OF 1995 (Arising out of SLP (C) No. 7288 of 1987) AND S.L.P.
(civil) No. 7156 of 1991
O R D
SLP (C) NOS. 7305 & 7288 OF 1987
No. 3 has been served and Shri T.G.N. Nair appeared for him. Service on
Respondent Nos. 1 and 2 when admittedly sought to be affected postal
endorsement shows "not known". It would be obvious that they appeared
to have managed to have the notice returned with that endorsement so as to
delay the disposal of the case. Therefore, the notice must be deemed to have
been served on them.
under Section 3 of the Kerala Land Acquisition Act, 1961, which is equivalent
to Section 4(1) of the Land Acquisition Act, 1894, was published on 22nd June, 1976. The Land Acquisition Officer
passed his award in 1977. On reference, the Additional Subordinate Judge
enhanced compensation on 24th
June, 1980. Under
these circumstances, the claimants are not entitled to the enhanced solatium
and interest and the benefit of additional amount as envisaged under Section 23
(1-A), 23(2), and 28 of the Central Act as amended by Amendment Act 68 of 1984.
appeal is accordingly allowed to the above extent.
the claimant-respondents are entitled to solatium @ 15 per cent on the enhanced
compensation and interest @ 4 per cent on the enhanced amount from the date of
taking possession till date of payment or deposit whichever is earlier.
(C) No. 7156 of 1991 The Special leave petition is dismissed.