GURPREET SINGH versus UNION OF INDIA

GURPREET SINGH versus UNION OF INDIA

The rule of appropriation under the Land Acquisition Act operates at different stages. Once amounts are received and appropriated, the decree holder cannot seek a reappropriation merely because of appellate enhancement. Interest is confined only to the excess compensation awarded and not payable on amounts already received. Interest on solatium may be awarded only if not expressly rejected and only for the period post Sunder judgment in pending executions.

Parties
Appellant: Gurpreet Singh; Respondent: Union of India
Jurisdiction
India
Judgment Date
19 October 2006
Procedural Posture
Civil Appeal / Constitution Bench, Supreme Court
Outcome
Constitution Bench answers provided; appeals to be disposed of in accordance with answers given.
Legal Topics
Appropriation of Compensation, Interest on Solatium, Execution of Money Decrees
Land Acquisition Civil Procedure Appropriation of Compensation Interest on Solatium Execution of Money Decrees

Case Brief

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Parties

Gurpreet Singh

Appellant

Union of India

Respondent

Procedural Posture

Civil Appeal / Constitution Bench, Supreme Court

Legal Issues

  1. 1 Is the rule of appropriation in execution of money decrees the same under the Land Acquisition Act as under general money decrees?
  2. 2 Can interest on solatium be claimed in execution even if not expressly granted by the decree?

Ratio Decidendi

The rule of appropriation under the Land Acquisition Act operates at different stages. Once amounts are received and appropriated, the decree holder cannot seek a reappropriation merely because of appellate enhancement. Interest is confined only to the excess compensation awarded and not payable on amounts already received. Interest on solatium may be awarded only if not expressly rejected and only for the period post Sunder judgment in pending executions.

Court Disposition

Constitution Bench answers provided; appeals to be disposed of in accordance with answers given.

Orders

  • Ratio of Prem Nath Kapur approved as to appropriation.
  • Interest on solatium allowed only in pending executions not addressed in decrees, from Sunder judgment date, not earlier.