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2010 Supreme(SC) 540

SWATANTER KUMAR, AFTAB ALAM
Land Acqn. Officer & Asstt. Commnr. – Appellant
Versus
Shivappa Mallappa Jigalur – Respondent


Advocates appeared:
For the Appearing Parties:Basava Prabhu S. Patil, Sr. Advocate, Sanjay R. Hegde, A. Rohen Singh, Ramesh Mishra, Rajesh Mahale, B. Subrahmanya Prasad, Ajay Kumar M., Ajit S. Bhasme, Ms. Kiran Suri, S.J. Amith, Y. Raja Gopala Rao, Mohan V. Katarki, Javed Mahmud Rao, Advocates.

Judgment :

AFTAB ALAM, J.

1. In all the cases in this large group, arising from land acquisition proceedings, the State of Karnataka is directed to pay interest on the amounts of solatium. The liability to pay interest on solatium stands settled by the Constitution Bench decision of this Court in Sunder vs. Union of India, (2001) 7 SCC 211. But Mr. Sanjay R. Hegde, learned Standing Counsel for the State of Karnataka, the appellant in all the appeals, submitted that the question of applicability of the decision in Sunder was explained and clarified in another Constitution Bench decision of this Court (delivered after the filing of these appeals) in Gurpreet Singh vs. Union of India, (2006) 8 SCC 457. Relying upon paragraph 54 of the judgment in Gurpreet Singh, Mr. Hegde submitted that in cases where full payments were made in terms of the decree and the execution proceedings were consequently closed, the proceedings could not be re-opened and directions given for payment of interest on the basis of the decision in Sunder; further, any direction for payment of interest on solatium could only be for the period subsequent to the date of decision in Sunder (September 19, 2001). In other


















































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