GURPREET SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) What is the rule of appropriation in execution of money decrees Is the rule the same in the case of an award decree under the Land Acquisition Act or, is there anything in the Land Acquisition Act, 1894 as amended by the Land Acquisition (Amendment) Act, Act 68 of 1984 making that rule inapplicable or not wholly applicable These are the questions that arise for consideration in these Petitions for Special Leave to Appeal.

(2.) Leave granted.

(3.) In Prem Nath Kapur & Anr. Vs. National Fertilizers Corporation of India Ltd. & Ors. 1995 (S5) SCR 790, a three Judge Bench of this Court held that the expression 'compensation' under Section 23(1) of the Land Acquisition Act, 1894 as amended by Act 68 of 1984 (hereinafter referred to as, "the Act") read in the context of Section 28 or Section 34 thereof, by necessary implication excludes solatium and that no interest is payable on solatium or on the additional amount under Section 23(1)(A) of the Act. In other words, it was held that the liability to pay interest was only on the excess amount of compensation determined under Section 23(1) of the Act by the Civil Court either under Section 26 or on appeal under Section 54 of the Act over and above the amount awarded under Section 11 of the Act. It was also held that the normal rule of appropriation contained in Order XXI Rule 1 of the Code of Civil Procedure relating to execution of decrees for recovery of money, stands excluded by Sections 28 and 34 of the Act and the principles of Order XXI Rule 1 of the Code could not be extended to execution of award decrees under the Act. The view as regards the content of the expression 'compensation' occurring in Section 23(1) and Section 28 of the Act was overruled by a Constitution Bench in Sunder Vs. Union of India 2001 (S3) SCR 176, wherein it was held that the expression 'compensation' awarded would include not only the total sum arrived at as per Section 23(1) but also the sums under the remaining sub-sections of Section 23. Thus, one part of the decision in Prem Nath Kapur (supra) stood overruled, though the Constitution Bench did not say anything about the other aspect dealt with therein, namely, the mode of appropriation of the amount due under an award decree. When these cases came up before a bench of three Judges, this aspect was noticed. The learned Judges felt that the question whether this part of the judgment in Prem Nath Kapur (supra) would survive the reasoning in Sunder (supra) had to be reconsidered and even otherwise, the correctness of the view expressed therein required reconsideration at the hands of a Constitution Bench. It is thus that these Petitions for Special Leave to Appeal have come before us. The question for which the answer is sought from us is indicated by the order of reference in the following words: