Summary
Land-acquisition claimants sought interest on solatium after the earlier execution had closed. The prior appellate judgment had expressly reserved liberty to apply after the Supreme Court resolved the issue. The Court upheld their entitlement in that particular procedural setting, payable from 19 September 2001, and left calculation to the reference court. Deposited amounts could be withdrawn with appropriate credit, and deposited costs were ordered disbursed.
Issues
- Whether closure of the earlier execution barred interest on solatium despite an express prior appellate reservation of that claim.
- From what date interest was payable and how the final amount should be computed.
Held
- Gurpreet Singh ordinarily permits application of Sunder in pending execution where interest on solatium was not expressly or impliedly rejected, and does not permit reopening closed executions on that basis alone. (¶ 7–8)
- Here, the earlier High Court judgment had expressly kept the claim open and allowed an application after the larger-Bench ruling. That reservation had survived the prior proceedings between the parties, so closure of the earlier execution did not defeat this reserved claim. (¶ 8–9)
- Interest on solatium was payable from 19 September 2001, the date of Sunder. The reference court was to verify the computation; interim deposits could be withdrawn and credited against the final liability. The deposited Rs.5 lakh costs were also to be paid to the claimants. (¶ 10–12)
Result
Appeal disposed of by confirming entitlement to interest on solatium, subject to reference-court computation and credit for deposits; deposited costs disbursed to claimants.