UNION OF INDIA Vs. SUKHLAL DEBBARMA

JUDGEMENT

(1.) THE short question which arises in this case is whether interest on the amount of solatium is to be paid from 19.09.2001 i.e. the date when the Apex Court decided the case of Sunder Vrs. Union of India: : (2001) 7 SCC 211 or from the date of notification issued under Section 4 of the Land Acquisition Act, 1894.

(2.) THE award in the present case was passed by the learned Land Acquisition Judge, West Tripura, Agartala in Misc. (L.A.) No. 9 of 2009 and the operative portion of the award reads as follows:

(3.) ON behalf of the Union of India it was urged that as per the judgment of the Constitution Bench of the Apex Court in Gurpreet Singh Vrs. Union of India : : (2006) 8 SCC 457 interest on solatium is payable only from 19.09.2001 i.e. the date when Sunder's case was decided. Though the learned executing Court has referred to both the decisions, he has not cared to go through the decisions, read them or apply them to the facts of the case. He has only stated that on perusal of the aforesaid judgments, he finds force in the submissions made by the counsel for the decree holder.