JUDGMENT

P.K. Balasubramanyan, J.—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) Supp. 5 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 appea