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september 2008

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.

Food Corporation Of India, Kakinada vs Yarlagadda Narayana Apparao & Ors · Niyam