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2015 Supreme(Tri) 480

DEEPAK GUPTA
Union of India to be represented by Assistant Defence Estates Officer – Appellant
Versus
Sudhan Biswas – Respondent


Advocates:
Advocate Appeared:
For the petitioners:Mr. A Lodh, Advocate.
For the respondents:Ms. P Deb Paul, Advocate.

JUDGMENT

1. All these petitions are being disposed of by a common judgment since identical question of law is involved in all the cases.

2. According to the claimants, they are entitled to interest on the amount of solatium as per the law laid down in Sundar Vrs. Union of India, (2001) 7 SCC 211 whereas the case of the Union of India is that no specific interest has been awarded on the amount of solatium and therefore, the interest on the solatium shall be payable only w.e.f 19.9.2001 when Sundar’s case was decided.

3. This Court has earlier decided this issue and this Court has interpreted the judgment in Gurpreet Singh Vrs. Union of India, (2006) 8 SCC 457 in the following terms :

“[7] The gist of the judgment of the Apex Court is as follows :

(1) Since the Executing Court cannot go behind the decree if the land reference Judge has rightly or wrongly specifically rejected the prayer for grant of interest on solatium then the Executing Court cannot grant such interest.

(2) If the Land Acquisition Judge has specifically granted interest on solatium then it is payable from the date of notification issued under Section 4 of the L. A. Act, 1894.

(3) The Apex Court further held that th








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