FOOD CORPORATION OF INDIA Vs. YARLAGADDA NARAYANA APPARAO
LAWS(SC)-2008-9-87
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on September 17,2008

FOOD CORPORATION OF INDIA, KAKINADA, REP. BY DISTRICT MANAGER Appellant
VERSUS
YARLAGADDA NARAYANA APPARAO Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) Challenge in these appeals is to the judgment of the learned Single Judge of the Andhra Pradesh High Court allowing the Civil Revision Petition Nos.5048 and 5088 of 2001, filed by the present respondent no.1 in each case. In the civil revision petition it was indicated that the proforma respondents in these appeals were not necessary parties. The basic dispute relates to liability to interest on the amount envisaged under Section 23(2) of the Land Acquisition Act, 1894 (in short the 'Act') conveniently called "solatium". The High Court allowed the civil revision petitions being of the view that the decision of this Court in Prem Nath Kapur and Anr. v. National Fertilizer Corpn. of India Ltd. and Ors. (1996 (2) SCC 71) was overruled by the Constitution Bench of this Court in Sunder v. Union of India (2001 (7) SCC 211).
(3.) Mr. Amrendra Sharan, Additional Solicitor General, submitted that both Prem Nath's case (supra) and Sunder's case (supra) were considered by a Constitution Bench of this Court in Gurpreet Singh v. Union of India (2006 (8) SCC 457). It was submitted that view in Prem Nath's case (supra) was stated to be correct one in the said case. Therefore, the view of the High Court cannot be maintained.;


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