VidhiSangh

Supreme Court of India · 05/08/2021

CENTRAL GOVT. OF INDIA versus RAJ DEVI ALIAS RAJ KUMARI & ANR.

[2021] 8 S.C.R. 432 · 2021 INSC 383

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Summary

Applying Gurpreet Singh, the Court limited interest on solatium recoverable in execution to the period from 19 September 2001, the date of Sunder, rather than the 1990 taking of possession. Neither the acquisition award nor the appellate judgment had expressly granted interest on solatium; a general grant of statutory benefits did not establish such an award. The related Bakhta proceedings also allowed interest only from Sunder and did not support the earlier commencement claimed here. The Government’s appeal was allowed without costs.

Issues

  1. Whether interest on solatium could be recovered in execution from possession where the award and appellate judgment had not specifically granted it.
  2. Whether the related Bakhta proceedings supported an earlier commencement date.

Held

Result

Appeal allowed without costs; impugned orders set aside and interest on solatium limited to the period commencing 19 September 2001.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 432.