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november 1995

Supreme Court of India · 1995-11-29

PREM NATH KAPOOR vs NATIONAL FERTILIZER CORPN. .

Citation / case number
SC 1987/70110
Court
Supreme Court of India
Petitioner
PREM NATH KAPOOR
Respondent
NATIONAL FERTILIZER CORPN. .
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that under the Land Acquisition Act, 1894, specifically Sections 23(1), 23(1-A), 23(2), and 28, landowners are entitled to compensation that includes solatium and interest on the total compensation amount from the date of possession until payment. The Court clarified that the hierarchy of courts must determine compensation, and the landowners can appropriate costs from the principal amount of compensation first, followed by interest. The High Court's ruling was set aside, affirming the appellants' right to recover the full compensation with interest as determined by the Collector and the High Court.

PREM NATH KAPOOR vs NATIONAL FERTILIZER CORPN. . · Niyam