Supreme Court of India · 2008-09-17
Food Corporation Of India, Kakinada vs Yarlagadda Narayana Apparao & Ors
- Citation / case number
- AIR 2009 SUPREME COURT 521
- Court
- Supreme Court of India
- Petitioner
- Food Corporation Of India, Kakinada
- Respondent
- Yarlagadda Narayana Apparao & Ors
- Author
- Arijit Pasayat
- Bench
- Harjit Singh Bedi, Arijit Pasayat
Judgment text excerpt
The Supreme Court addressed the issue of interest on solatium under Section 23(2) of the Land Acquisition Act, 1894, clarifying that the execution court cannot go behind the decree. The Court upheld the ratio in Prem Nath Kapur v. National Fertilizer Corpn. of India Ltd. (1996 (2) SCC 71) regarding appropriation of amounts, while also referencing Sunder v. Union of India (2001 (7) SCC 211) to determine the entitlement to interest on solatium. The judgment emphasized that interest on solatium can only be claimed in pending executions and not in closed ones, and the execution court may allow recovery from the date of the Sunder judgment, ensuring clarity on the application of these principles in future cases.