TAMIL NADU HOUSING BOARD versus ABDUL SALAM SARKAR (DEAD) AND OTHERS

TAMIL NADU HOUSING BOARD versus ABDUL SALAM SARKAR (DEAD) AND OTHERS

The Supreme Court confirmed the High Court direction that the claimants were entitled to apply for and be paid interest on solatium because the reference court had not rejected the claim expressly or by necessary implication and the claim was kept open; pursuant to Gurpreet Singh such a claim is maintainable in pending execution proceedings and any interest awarded is payable with effect from 19 September 2001; computation to be verified by the reference court.

Parties
Appellant: TAMIL NADU HOUSING BOARD; Respondents: ABDUL SALAM SARKAR (DEAD) AND OTHERS
Jurisdiction
India
Judgment Date
13 January 2021
Procedural Posture
Civil Appeal / Final Judgment Disposing Appeal by Supreme Court (13 January 2021)
Outcome
Appeal disposed of; High Court direction confirmed and respondents entitled to interest on solatium
Legal Topics
Solatium, Interest on Solatium, Pending Execution Proceedings, Interpretation of Precedent
Land Acquisition Execution Civil Procedure Solatium Interest on Solatium Pending Execution Proceedings Interpretation of Precedent

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Parties

TAMIL NADU HOUSING BOARD

Appellant

ABDUL SALAM SARKAR (DEAD) AND OTHERS

Respondents

Procedural Posture

Civil Appeal / Final Judgment Disposing Appeal by Supreme Court (13 January 2021)

Legal Issues

  1. 1 Whether respondents are entitled to interest on solatium for acquisition under the Land Acquisition Act, 1894
  2. 2 Whether a claim for interest on solatium can be made in closed execution proceedings or only in pending executions
  3. 3 From which date interest on solatium is payable

Ratio Decidendi

The Supreme Court confirmed the High Court direction that the claimants were entitled to apply for and be paid interest on solatium because the reference court had not rejected the claim expressly or by necessary implication and the claim was kept open; pursuant to Gurpreet Singh such a claim is maintainable in pending execution proceedings and any interest awarded is payable with effect from 19 September 2001; computation to be verified by the reference court.

Court Disposition

Appeal disposed of; High Court direction confirmed and respondents entitled to interest on solatium

Orders

  • High Court direction confirmed that claimants-respondents are entitled to payment of interest on solatium
  • Reference court to verify the mathematical computations and pass appropriate orders