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2021 Supreme(SC) 212

SANJIV KHANNA, D. Y. CHANDRACHUD
Tamil Nadu Housing Board – Appellant
Versus
Abdul Salam Sarkar (Dead) – Respondent


JUDGMENT :

DHANANJAYA Y CHANDRACHUD, J.

1. Leave granted.

2. The only question which arises in the present appeal is whether the respondents are entitled to interest on solatium for the acquisition which took place under the provisions of the Land Acquisition Act 1894. This issue turns on an interpretation of the judgment of the Constitution Bench of this Court in Gurpreet Singh vs Union of India (2006) 8 SCC 457 (“Gurpreet Singh”).

3. By an order of this Court dated 1 December 2020, the issue was crystallized by observing that the Court will “examine the question whether (the) matter is covered by the judgment of this court in the case of Gurpreet Singh”.

4. In the present case, the reference court by its decision dated 26 July 1990, allowed for the grant of interest on solatium at the rate of 12% per annum.

5. When the matter was carried in appeal, a Division Bench of the Madras High Court by its judgment dated 12 July 2001, issued the following clarification on the aspect of interest on solatium:

    “It is further made clear that the claimants are not entitled to interest on solatium and additional amount. Further, the issue regarding grant of interest on solatium is pending before the L


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