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september 2008

Supreme Court of India · 2008-09-17

FOOD CORPORATION OF INDIA, KAKINADA vs YARLAGADDA NARAYANA APPARAO .

Citation / case number
SC 2005/12611
Court
Supreme Court of India
Petitioner
FOOD CORPORATION OF INDIA, KAKINADA
Respondent
YARLAGADDA NARAYANA APPARAO .
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT,HARJIT SINGH BEDI, , ,

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 unless the question of interest on solatium was not expressly or impliedly rejected by the Reference Court. The Court upheld the ratio from Prem Nath Kapur v. National Fertilizer Corporation, stating that the awardee is entitled to appropriate amounts towards interest first, then costs, and finally principal. The judgment of the Andhra Pradesh High Court was set aside, reinforcing the principles established in Gurpreet Singh v. Union of India regarding the treatment of solatium in execution proceedings.

FOOD CORPORATION OF INDIA, KAKINADA vs YARLAGADDA NARAYANA APPARAO . · Niyam