ORDER :

Y.K. Sabharwal, J.

SLPs (C) Nos. 8408, 19525 of 2003, 3429 and 5609 of 2004

The High Court, by the impugned judgment, has held that the amount of compensation deposited by the Union of India is required to be appropriated first towards the principal amount, then towards interest and costs and thereafter towards the solatium, by relying upon a three-Judge Bench decision of this Court in Prem Nath Kapur v. National Fertilizers Corpn. of India Ltd., (1996) 2 SCC 71

2. In Prem Nath Kapur, observations have been made to the effect that the right to make appropriation is indicated by necessary implication, by the award itself as the award or decree clearly mentions each of the items. Further, it has been held that the ratio in Meghraj v. Bayabai, (1969) 2 SCC 274, is inapplicable to appropriation of debt under the Land Acquisition Act, 1894 (for short "the Act"). According to Prem Nath Kapur, by operation of Section 53 of the Act, Order 21 Rule 1 of the Civil Procedure Code, 1908 (for short "the Code") will not be applicable, being inconsistent with the express provisions contained in Sections 34 and 28 of the Act. The earlier decision in Mathunni Mathai v. Hindustan Organic Chemical