- (1.) Leave granted.
(2.) These appeals by special leave are directed against the impugned common judgment and order dated 07.04.2010 passed by the High Court of Kerala at Ernakulam in Civil Revision Petition Nos. 196, 199, 205 and 208 of 2009 (filed against the order dated 15.10.2008 of the learned Sub-Judge, Ernakulam-the Execution Court), wherein the dispute between the parties related to the claim of solatium for the enhanced amount of compensation and interest thereon in respect of the acquired land. The High Court has confirmed that solatium is payable on that portion of land value based on capitalization method of yielding rubber trees and directed to compute balance amount payable under the decree, but awarded the interest on solatium from 19.09.2001, the date when judgment by the Constitution Bench in the case of Sunder v. Union of India, 2001 7 SCC 211 was delivered by this Court and not for the prior period. The legality and validity of the impugned judgment and order is seriously challenged urging various legal contentions as the appellant is aggrieved by the denial of the interest payable on the component of solatium under Sections 23(1A), 23(2) read with Sections 28 and 34 of the Land Acquisition Act, 1894 (for short "the Act"). The solatium being the component of compensation payable to the claimant/decree holder, the restriction upon its payment by the High Court placing reliance upon another subsequent Constitution Bench judgment of this Court in the case of Gurpreet Singh v. Union of India, 2006 8 SCC 457 is hereby challenged.
(3.) The brief facts of the case are stated hereunder:- Various portions of rubber estate of the appellant situated in village Kuttamangalam was acquired by the State Government in exercise of its eminent domain power pursuant to the notification dated 10.10.1978 issued under Section 4(1) of the Act for the purpose of Periyar Valley Irrigation Project.;