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PETITIONER: STATE OF KERALA ETC.

       Vs.

RESPONDENT: T.K. UDAYA SANKARAN & ORS. ETC.

DATE OF JUDGMENT16/08/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. HANSARIA B.L. (J)

CITATION:  1995 SCC  Supl.  (3) 518 1995 SCALE  (5)33

ACT:

HEADNOTE:

JUDGMENT:                             WITH                CIVIL 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 E R C.A.@ SLP (C) NOS. 7305 & 7288 OF 1987      Leave granted.      Respondent 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.      Notification  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.      The appeal  is accordingly allowed to the above extent. However, 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. S.L.P. (C) No. 7156 of 1991      The Special leave petition is dismissed.