LAWS(TRIP)-2016-2-5

THE UNION OF INDIA Vs. THAKUR CHAND BISWAS

Decided On February 05, 2016
THE UNION OF INDIA Appellant
V/S
Thakur Chand Biswas Respondents

JUDGEMENT

(1.) By this petition filed under Article 227 of the Constitution of India, the petitioner -Union of India has questioned whether the interest on solatium can be paid by the executing court, if the Land Acquisition Judge has not "specifically granted" interest on the solatium from the date when the notification under Sec. 4(1) of the Land Acquisition Act, 1894 was issued or the payment of interest shall be restricted from the date when Sunder v/s. Union of India, reported in : (2001) 7 SCC 211 was pronounced in terms of the interpretation given by the apex court in Gurpreet Singh v/s. Union of India, reported in : (2006) 8 SCC 457.

(2.) By the impugned order dated 16.08.2013, delivered in Execution (M) No. 36/2006, the executing court has directed payment of Rs. 72,964/ - in favour of the respondent herein alongwith 15% interest on the principal amount of Rs. 29,550 w.e.f. 06.10.2005 till the date of payment. The said order dated 16.08.2013 has been challenged in this revision petition.

(3.) Mr. A. Lodh, learned counsel appearing for the petitioner has submitted that the interest on the solatium was not "specifically granted" by the Land Acquisition Judge.