(1996) 2 SCC 71 Prem Nath Kanpur and Anr. Vs. National Fertilizers Corpn of India Ltd and Ors.

Land Acquisition Act, 1894 : Sections 23(2) , 28 and 23(1-A) as amended by Act 68 of 1984-When does the liability of State to pay interest ceases-

Interest payable when appellate court further enhances compensation-Held claimant not entitled to appropriate towards costs and interests from the principal amount of compensation when the amount is clearly specified by the debtor either expressly or by implication-Section 60 of Contract Act
Civil Procedure Code-Order 21 Rule I-Held inconsistent with Land Acquisition Act and therefore is inapplicable thereto-Land Acquisition Act- Ss. 28, 34 and 53.
Notification was issued under Section 4 acquiring large track of land including land belonging to the appellant on February 5, 1973. Collector 
made award on October 9, 1975, determining compensation @ Rs. 10,080 per acre. Civil Court, on January 2, 1979, on reference under Section 18,
confirmed the award of the Collector. In another reference by co-sharer, District Judge by order dated 24.1.1980 enhanced the compensation. On
revision by respondent Corporation, the High Court further enhanced the compensation to Rs. 24,000 per acre while dismissing the appeal. The
Collector, on January 9, 1976 paid compensation including solatium and interest. Compensation enhanced by the High Court was deposited on January
14, 1984. The appellants claimed damages under Section 23(1) (3), in the High Court, by way of revision, for solatium granted and interest on
severance of the lands to the appellants. The High Court in another revision further enhanced solatium and interest under Section 23(2), 28 and
23(1-A). Appellants laid execution firstly, after appropriating the amount received towards costs, then towards interest on the total compensation and
solatium and then for compensation in respect of the lands.
Executing Court granted the relief. High Court in appeal set aside the Order. Hence this appeal.
Date of Letter / Judgment: