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october 2010

Supreme Court of India · 2010-10-22

CHIMANLAL KUBERDAS MODI(D) BY LRS. vs GUJARAT INDUSTRIAL DEVELOPMENT CORP.&ORS

Citation / case number
SC 2003/17268
Court
Supreme Court of India
Petitioner
CHIMANLAL KUBERDAS MODI(D) BY LRS.
Respondent
GUJARAT INDUSTRIAL DEVELOPMENT CORP.&ORS
Author
Mukundakam Sharma
Bench
MUKUNDAKAM SHARMA,ANIL R. DAVE, , ,

Judgment text excerpt

The Supreme Court addressed the entitlement of the appellant to interest under Section 34 of the Land Acquisition Act, 1894, specifically regarding solatium on compensation. The Court reaffirmed the principles established in Sunder Vs. Union of India (2001) 7 SCC 211 and Gurpreet Singh Vs. Union of India (2006) 8 SCC 457, holding that the appellant is entitled to interest at the rate of 9% for the first year and 15% thereafter on the awarded amount. The judgment clarified the calculation of solatium and interest as per Sections 23(1A) and 34 of the Act, ensuring the appellant receives the full compensation due.

CHIMANLAL KUBERDAS MODI(D) BY LRS. vs GUJARAT INDUSTRIAL DEVELOPMENT CORP.&ORS · Niyam