1987 INSC 0639
                                          Kerala State Electricity Board

                                                           Vs

                                           Saramma Mathew and Others

                                   Special Leave Petition No. 13232 of 1987

                           (Ranganath Misra, G. L. Oza, M. N. Vankatachaliah JJ)

                                                      01.12.1987

                                                        ORDER

1. Two questions are raised in support of the special leave petition :

                  (1) that the High Court while agreeing that the acquisition is of a larger area has
                  utilised the valuation indicated in later sale for a smaller property as the measure of
                  compensation; and

                  (2) the benefit of the Amending Act of 1984 has been given to the claimants in
                  regard to solatium and interest contrary to the provisions of that Act.

2. So far as the first question is concerned, while we agree on principle that there is distinction
between the valuation of small property and large property in the matter of fixing compensation, the
facts involved here are very special and the High Court has given reasons as to why the valuation as
accepted has been adopted by it. So far as the application of the benefit of the Amending Act of
1984 is concerned, the question has been examined by the Constitution Bench of this Court and the
judgment is awaited. In the event of the judgment going in favour of the contention of the petitioner,
it would be entitled to obtain review from the High Court notwithstanding the fact that the High
Court has made the impugned order on the basis of the decision of this Court. Special leave petition
is disposed of.

</html