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2023 Supreme(P&H) 2412

ANIL KSHETARPAL
Union of India – Appellant
Versus
Charan Dass – Respondent


Advocates Appeared:
Mr. Arun Gosain, Senior Government counsel; For the Petitioner- UOI.
Mr. Shailendra Jain, Sr. Advocate with Mr. Rakesh Gupta, Advocate; For the Respondents

JUDGMENT

Anil Kshetarpal, J.

By this order, a batch of 21 civil revision petitions (details whereof are at the foot of the judgment) shall stand disposed of.

2. In the considered opinion of this Court, the following two questions arise for adjudication:-

    i) Whether the Executing Court can direct the payment of interest on the additional amount payable at the rate of 12% per annum under Section 23(1-A) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894 Act') particularly when there is no such specific direction in the award passed under Section 18 or appeal under Section 54 of the 1894 Act or the Letters Patent Appeal?

    ii) Whether the Executing Court can direct the payment of interest on the amount of solatium payable under Section 23 (2) of the 1894 Act before the date of judgment passed in Sundar v. Union of India (2001) 7 SCC 211 particularly when there is no specific order to this effect by the court in the award under Section 18 or appeal under Section 54 of the 1894 Act or the Letters Patent Appeal?

3. This batch of revision petition has been filed challenging the correctness of the orders passed by the Executing Court on 20th October, 2016 and 23rd March, 20

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