PREM NATH KAPUR Vs. NATIONAL FERTILIZERS CORPN OF INDIA LIMITED
LAWS(SC)-1995-11-155
SUPREME COURT OF INDIA
Decided on November 29,1995

Prem Nath Kapur Appellant
VERSUS
National Fertilizers Corpn Of India Limited Respondents





Cited Judgements :-

A P HANDICRAFT DEVLOPMENT CORPORATION LTD VS. G DATTADRI [LAWS(APH)-2010-6-90] [REFERRED TO]
SPECIAL DEPUTY COLLECOTR, VISAKHAPATNAM VS. PALLA APPARAO [LAWS(APH)-2014-1-63] [REFERRED TO]
STATE OF ANDHRA PRADESH VS. CHENCHARAPU MADHUSUDHAN REDDY [LAWS(APH)-2002-4-115] [REFERRED TO]
RADHAKRISHNA MURTHY VS. DEPUTY COLLECTOR LAND ACQUISITION GENERAL HYD [LAWS(APH)-2003-4-94] [REFERRED TO]
BHIWANI IMPROVEMENT TRUST VS. SHANKAR [LAWS(P&H)-2007-12-46] [REFERRED TO]
MEENAKSHIAMMA CHELLAMMA VS. SATE OF KERALA AND ORS. [LAWS(KER)-2015-8-127] [REFERRED TO]
HINDUSTAN PETROLEUM CORPORATION LIMITED VS. SANT LAL [LAWS(P&H)-2014-4-273] [REFERRED TO]
URBAN IMPROVEMENT TRUST JODHPUR VS. GOKUL NARAIN [LAWS(SC)-1996-3-2] [REFERRED TO]
SUKHVIR VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2016-3-56] [REFERRED TO]
BIMLENDRA MOHAN PRATAP MISHRA AND ANOTHER VS. STATE OF U.P. THROU. ITS PRIN. SECY. URBAN PLANNING & DEVP. & ORS. [LAWS(ALL)-2017-2-34] [REFERRED TO]
COLLECTOR (L.A.) SOUTH ANDAMAN DISTRIC VS. HIMANGSHU MONDAL [LAWS(CAL)-2014-9-146] [REFERRED TO]
SPECIAL LAND ACQUISITION OFFICER VS. KANUJI AMARSING THAKOR [LAWS(GJH)-1997-8-8] [REFERRED ;;]
CHAIRMAN JAWAHAR NAGAR CO OPERATIVE HOUSING SOCIETY LIMITED VS. STATE OF MAHARASHTRA [LAWS(BOM)-2001-7-99] [REFERRED TO]
CHANDER MAL VS. UNION OF INDIA [LAWS(DLH)-2006-5-238] [REFERRED TO]
SUNDER VS. UNION OF INDIA [LAWS(SC)-2001-9-81] [REFERRED TO]
LAXMI NARAIN VS. STATE OF HARYANA [LAWS(P&H)-2015-8-323] [REFERRED TO]
EXECUTIVE ENGINEER, TAMIL NADU HOUSING BOARD VS. V. SARASWATHIAMMAL AND ORS. [LAWS(MAD)-2021-1-405] [REFERRED TO]
STATE OF HARYANA VS. USHA ATRI [LAWS(P&H)-2002-9-57] [REFERRED TO]
BIRANI STEEL INDUSTRIES AND ORS. VS. STATE OF M.P. AND ORS. [LAWS(MPH)-2016-2-10] [REFERRED TO]
SARADA RAJAGOPALAN VS. SUB COLLECTOR [LAWS(MAD)-2009-11-42] [REFERRED TO]
STATE OF PUNJAB VS. RAJ KUMAR [LAWS(P&H)-1996-5-23] [REFERRED TO]
SUNIL KUMAR & 4 ORS VS. STATE OF UP & 4 ORS [LAWS(ALL)-2018-5-771] [REFERRED TO]
ABDUL SATTAR VS. DISTRICT COLLECTOR NIZAMABAD [LAWS(APH)-1999-3-13] [REFERRED TO]
V V RAMAN VS. STATE OF A P [LAWS(APH)-1997-3-79] [FOLLOWED ON]
RASHEEDA AND ORS. VS. THE STATE OF KERALA AND ORS. [LAWS(KER)-2015-2-23] [REFERRED TO]
MOONEY VS. STATE OF KERALA [LAWS(KER)-2014-6-13] [REFERRED TO]
STATE OF WEST BENGAL VS. SATYAWANTI DEVI FOMRA [LAWS(CAL)-2012-3-115] [REFERRED TO]
VED PRAKASH VS. BHUPIN [LAWS(HPH)-2006-11-7] [REFERRED TO]
STATE OF GOA VS. LAXMIKANT D NAIK KARMALI [LAWS(BOM)-2016-5-101] [REFERRED]
RAM KISHAN VS. UOI [LAWS(DLH)-2006-7-154] [REFERRED TO]
KERALA STATE ELECTRICITY BOARD AND ANR. VS. KURIEN E. KALATHIL AND ANR. [LAWS(SC)-2018-3-66] [REFERRED TO]
DELHI DEVELOPMENT AUTHORITY VS. SUKHBIR SINGH & OTHERS [LAWS(SC)-2016-9-11] [REFERRED TO]
RADHA MUDALIYAR VS. SPL TAHSILDAR LAND ACQ T N H BOARD [LAWS(SC)-2010-10-5] [REFERRED TO]
V. KALA BHARATHI VS. ORIENTAL INS. CO. LTD. [LAWS(SC)-2014-4-2] [REFERRED TO]
BONGAIGAON CONCRETE INDUSTRIES PVT. LTD. VS. STATE OF ASSAM AND ORS. [LAWS(GAU)-2012-2-171] [REFERRED TO]
THE UNION OF INDIA VS. SMT. PARAMANI MARAK [LAWS(GAU)-2012-1-103] [REFERRED TO]
STATE OF H.P.THROUGH COLLECTOR LAND ACQUISITION VS. NOOR MOHD [LAWS(HPH)-1997-7-32] [REFERRED TO]
SOBHA MOHAN KUMAR VS. NATIONAL INSURANCE CO LTD [LAWS(KER)-2001-11-31] [REFERRED TO]
SATCHIDANAND KAKODKAR VS. SPECIAL LAND ACQUISITION OFFICER [LAWS(BOM)-1996-10-104] [REFERRED TO]
SMT. MOHINDER THAPER AND ORS. VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-5-87] [REFERRED TO]
LAND ACQUISITION OFFICER AND REVENUE DIVISIONAL OFFICER KAKINADA VS. KOKA SURYANARAYANA RAO [LAWS(APH)-2009-6-38] [REFERRED TO]
GUJARAT INDUSTRIES POWER CO LTD VS. FATIMABEN [LAWS(GJH)-2016-10-111] [REFERRED TO]
JAFARALI MITHABHAI HIRANI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2009-2-136] [REFERRED TO]
SPECIAL LAND ACQUISITION OFFICER VS. RUSSI C TROMBAYWALLA [LAWS(BOM)-2004-8-115] [REFERRED TO]
MUNICIPAL CORPORATION OF BRIHAN MUMBAI VS. TRUSTEES OF PARSI PANCHAYAT [LAWS(BOM)-1999-7-120] [REFERRED TO]
M N RAJARAMAN VS. REVENUE DIVISIONAL OFFICER KUMBAKONAM [LAWS(MAD)-1997-7-23] [REFERRED TO]
K.G. KRISHNAMOORTHI VS. SUB-COLLECTOR [LAWS(MAD)-2014-4-31] [REFERRED TO]
K.G. KRISHNAMOORTHI VS. SUB-COLLECTOR [LAWS(MAD)-2014-4-31] [REFERRED TO]
P. JAYADEVAN VS. STATE GOVERNMENT [LAWS(MAD)-2014-4-57] [REFERRED TO]
JEEWAN DHAR JAIN DEAD VS. STATE OF HARYANA [LAWS(SC)-2008-7-92] [REFERRED TO]
VILUBEN JHALEJAR CONTRACTOR VS. STATE OF GUJARAT [LAWS(SC)-2005-4-37] [REFERRED TO]
HARYANA POWER GENERATION CORPORATION LIMITED VS. SATLUJ CONSTRUCTION LIMITED [LAWS(P&H)-2011-11-41] [REFERRED TO]
SUNITA SAHRAWAT AND ORS. VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2015-5-234] [REFERRED TO]
RAM GOPAL VS. STATE OF HARYANA [LAWS(P&H)-2015-5-698] [REFERRED TO]
PUNE MUNICIPAL CORPORATION VS. HARAKCHAND MISIRIMAL SOLANKI [LAWS(SC)-2014-1-52] [REFERRED TO]
ORIENTAL INSURANCE CO LTD VS. NIRMALA [LAWS(KER)-2006-11-1] [DISTINGUISHED]
EXECUTIVE ENGINEER TAMIL NADU HOUSING BOARD VS. V N MOHAMED HUSSAIN [LAWS(MAD)-2017-8-484] [REFERRED TO]
M. SANTHAIYAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2014-2-131] [REFERRED TO]
URBAN IMPROVEMENT TRUST JODHPUR VS. GOKUL NARAIN [LAWS(SC)-1996-4-18] [RELIED ON]
SUNDER VS. UNION OF INDIA [LAWS(SC)-1998-12-41] [REFERRED TO]
RATTAN SINGH VS. UNION OF INDIA AND ANR [LAWS(SC)-2015-12-17] [REFERRED TO]
PATEL JOITARAM KALIDAS VS. SPL LAND ACQUISITION OFFICER [LAWS(SC)-2006-12-50] [REFERRED TO]
NAGPUR IMPROVEMENT TRUST VS. VASANTRAO [LAWS(SC)-2002-9-82] [REFERRED]
RAMESH BOOK DEPOT VS. CENTRAL BANK OF INDIA [LAWS(P&H)-2006-3-416] [REFERRED TO]
SONEPAT IMPROVEMENT TRUST VS. NARESH CHAND [LAWS(P&H)-2009-12-69] [REFERRED TO]
U P AVAS EVAM VIKAS PARISHAD VS. SATYA PRAKASH [LAWS(ALL)-1997-1-37] [REFERRED TO]
SHIV GAUR AND OTHERS VS. STATE OF U P AND OTHERS [LAWS(ALL)-2016-5-460] [REFERRED]
RUPABHAI KUBERBHAI VS. STATE OF GUJARAT [LAWS(GJH)-1999-11-53] [REFERRED]
DEPUTY GENERAL MANAGER O N G C VS. CHATURJI LALJI [LAWS(GJH)-1997-7-9] [RELIED ON]
SPECIAL LAND ACQUISITION OFFICER, BHARUCH AND ORS VS. JAGDISHBHAI MAGANBHAI [LAWS(GJH)-1997-7-75] [REFERRED TO]
SPECIAL LAND ACQUISITION OFICER VS. WESTERN INDIAN MATCH CO LTD [LAWS(BOM)-2001-7-71] [REFERRED TO]
STATE OF GOA VS. EXECUTIVE ENGINEER [LAWS(BOM)-2006-10-2] [REFERRED TO]
REVENUE DIVISIONAL OFFICER VS. C. RAMAIAH [LAWS(APH)-2019-10-5] [REFERRED TO]
A P INDUSTRIAL INFRASTRUCTURE CORPORATION LTD VS. GURRAM SUBBA RAO [LAWS(APH)-2005-6-117] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD VS. V KALA BHARATHI [LAWS(APH)-2005-7-84] [REFERRED TO]
UNION OF INDIA VS. RANU MARAK [LAWS(TRIP)-2014-8-44] [REFERRED TO]
BHUSAI VS. STATE OF U.P. [LAWS(ALL)-2014-9-127] [REFERRED TO]
ARATI DAS VS. COLLECTOR, LAND ACQUISITION [LAWS(CAL)-2014-9-138] [REFERRED TO]
RAMESWAR PRAMANIK VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-10-83] [REFERRED]
SURAT SINGH THR. L.RS. VS. UNION OF INDIA (UOI) AND ANR. [LAWS(DLH)-2009-7-536] [REFERRED TO]
G MUNESWARAN VS. CHIEF COMMISSIONER OF LAND ADMINISTRATION HYDERABAD [LAWS(APH)-2009-10-16] [REFERRED TO]
THE LAND ACQUISITION OFFICER-CUM-REVENUE DIVISIONAL OFFICER VS. SWAMINATHA MUDALIAR AND ORS. [LAWS(MAD)-1997-10-103] [REFERRED TO]
STATE OF KERALA VS. MARIYAMMA [LAWS(KER)-2004-11-21] [REFERRED TO]
H.U.D.A. VS. DEVINDER KAUR [LAWS(P&H)-2001-10-36] [REFERRED TO]
TEHRI HYDRO DEVELOPMENT CORPN VS. S P SINGH [LAWS(SC)-1996-11-64] [REFERRED TO]
INDORE DEVELOPMENT AUTHORITY VS. SHAILENDRA [LAWS(SC)-2018-2-88] [REFERRED TO]
GURPREET SINGH VS. UNION OF INDIA [LAWS(SC)-2006-10-110] [REFERRED TO]
UNION OF INDIA VS. SHIV RAJ [LAWS(SC)-2014-5-39] [REFERRED TO]
KAMALCHAND VS. STATE OF M P AND OTHERS [LAWS(MPH)-2016-3-145] [REFERRED]
NATIONAL THERMAL POWER CORP. LTD. VS. RAMDEV AND ORS. [LAWS(RAJ)-2011-9-141] [REFERRED TO]
TARSEEM LAL VS. CHAIRMAN, IMPROVEMENT TRUST [LAWS(P&H)-2000-7-63] [REFERRED TO]
LAICHHINGI VS. NORTH EAST FRONTIER RAILWAY [LAWS(GAU)-2022-4-51] [REFERRED TO]
M. SREENIVAS VS. STATE OF KARNATAKA AND OTHERS [LAWS(KAR)-2016-7-71] [REFERRED TO]
FOOD CORPORATION OF INDIA VS. YARLAGADDA NARAYANA APPARAO [LAWS(SC)-2008-9-87] [REFERRED TO]
KAPUR CHAND JAIN DEAD VS. STATE GOVERNMENT OF HIMACHAL PRADESH [LAWS(SC)-1998-8-152] [REFERRED TO]
LAND ACQUISITION COLLECTOR VS. SITA DEL [LAWS(ORI)-2007-5-5] [REFERRED TO]
RAJESH KHANNA VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2015-7-366] [REFERRED TO]
DY INSPECTOR GENERAL VS. STATE OF GUJARAT [LAWS(GJH)-2009-4-76] [REFERRED TO]
UNION OF INDIA VS. RAI MOHAN MALIK [LAWS(GAU)-2011-12-31] [REFERRED TO]
ANTONIO JOSE HERODOTO, L F RODRIGUES VS. EXECUTIVE ENGINEER [LAWS(BOM)-2006-10-200] [REFERRED]
STATE OF KERALA VS. MARIYAMMA [LAWS(KER)-2005-3-68] [REFERRED TO]
BHARAT HEAVY ELECTRICALS LTD VS. R S AVTAR SINGH [LAWS(SC)-2012-10-19] [REFERRED TO]
RADHA SOAMI SATSANG BEAS VS. STATE OF UTTAR PRADESH AND OTHERS [LAWS(ALL)-2016-4-198] [REFERRED TO]
M A BASITH VS. LAND ACQUISITION OFFICER [LAWS(APH)-2004-12-13] [REFERRED TO]
UNION OF INDIA VS. PARAMANI MARAK [LAWS(GAU)-2012-2-93] [REFERRED TO]
RADHABINOD PAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2001-5-22] [REFERRED TO]
STATE OF GOA THROUGH THE DY COLLECTOR VS. PEDRO PAULO TOSCANO DIED BY LRS [LAWS(BOM)-2006-10-162] [REFERRED TO]
GOVERNMENT OF GOA VS. IVO AGNELO SANTIMANO [LAWS(BOM)-2002-8-76] [REFERRED TO]
UDAY S VAIDYA VS. STATE OF GOA THROUGH CHIEF SECRETARY [LAWS(BOM)-2003-6-148] [REFERRED TO]
NATIONAL THERMAL POWER CORP. LTD. VS. PHOOL SINGH [LAWS(RAJ)-2011-9-176] [REFERRED TO]
STATE OF HARYANA VS. BANWARI LAL [LAWS(P&H)-2001-10-181] [REFERRED]
PATEL VENABHAI MOHANBHAI VS. NORTH GUJARAT UNIVERSITY & 1 OTHER (S) [LAWS(GJH)-2019-5-20] [REFERRED TO]
SPECIAL LAND ACQUISITION OFFICER VS. FAKIRAPPA MUGUBASAPPA [LAWS(KAR)-2004-2-13] [REFERRED TO]
RISHI DUTT VS. STATE OF HARYANA [LAWS(P&H)-2014-5-330] [REFERRED TO]
INDUSTRIAL CREDIT AND DEVELOPMENT SYNDICATE NOW CALLED I C D S LIMITED VS. SMITHABEN H PATEL [LAWS(SC)-1999-2-73] [REFERRED]
NATIONAL THERMAL POWER CORPORATION LTD VS. MEKH CHAND AND ANOTHER [LAWS(P&H)-2018-5-63] [REFERRED TO]
MAJ. GEN. KAPIL MEHRA VS. UNION OF INDIA [LAWS(SC)-2014-10-32] [REFERRED TO]
VARADAPPA GOUNDER (DECEASED) VS. STATE OF TAMIL NADU [LAWS(MAD)-2017-2-529] [REFERRED TO]
IVO AGNELO SANTIMANO FERNANDES VS. GOVERNMENT OF GOA [LAWS(SC)-2011-2-93] [REFERRED TO]
JAYA CHANDRA MOHAPATRA VS. LAND ACQUISITION OFFICER [LAWS(ORI)-2003-6-50] [REFERRED TO]
RAJASTHAN STATE ROAD TRANSPORT CORPORATION JAIPUR VS. POONAM PAHWA [LAWS(SC)-1997-7-3] [EXPLAINED]
ARUN KUMAR NEVATIA AND ORS. VS. STATE OF KARNATAKA AND ORS. [LAWS(KAR)-2015-6-364] [REFERRED TO]
GEORGE VS. STATE OF KERALA [LAWS(KER)-2017-12-57] [REFERRED TO]
MATHUNNI MATHAI VS. STATE OF KERALA [LAWS(KER)-1998-3-2] [REFERRED TO]
DSL ENTERPRISES PRIVATE LIMITED VS. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION [LAWS(BOM)-2018-3-228] [REFERRED TO]
STATE OF U P VS. AKHILESH KUMAR [LAWS(ALL)-1997-3-89] [REFERRED TO]
M/S PERIYAR & PAREEKANNI RUBBERS LTD. VS. STATE OF KERALA [LAWS(SC)-2015-9-28] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)Notification under Section 4 (1 of the Land Acquisition Act, 1894 (for short "the Act") acquiring large tract of land including the land belonging to the appellants, was published on 5/2/1973. On 9/10/1975, the Collectormade his award determining compensation @ Rs. 10,080. 00 per acre. On reference under Section 18, the Civil court, by award and decree dated 2/1/19799, confirmed the award of the Collector. In another reference of the co- sharers, the District Judge by his award and decree dated 24/1/1980 enhanced the compensation. On further revision, the High court by order dated 23/5/1983 determined the compensation @ Rs. 24,000. 00 per acre while dismissing the appeal of the respondent-corporation. On 9/1/1975, after the award was made, the Collector paid the compensation including solatium and interest determined thereon. After the High court enhanced the compensation in revision, the same was deposited on 14/1/1984. It is not necessary to dilate but suffice it to mention that the appellants by way of revision claimed compensation for damages for severance of other lands from acquired land as provided under clause thirdly of Section 23 (1. In another revision, the appellants claimed solatium and interest on damages for severance of the lands which was also granted by the High court. In yet another revision, the High court enhanced solatium and interest and additional amount under S. 23 (2, 28 and 23 (1-A) as amended by Act 68 of 1984. The appellants laid execution, Firstly, after appropriating the amount received towards costs, then towards interest on the total compensation and solatium and then for compensation in respect of the lands. Executing court granted the relief, but the High court in revision set aside the order dated 11/3/1987 in Civil Revision No. 3814 of 1986 and directed the Executing court to dispose of the matter in the light of the law laid down therein. Thus these appeals by special leave. Another bench of this court issued notice suo motu on the amounts awarded towards severance charges, interest and solatium thereon and additional benefits under the Amendment Act.
(3.)Shri Pankaj Kaira, learned counsel for the appellants contended that the present controversy having been concluded by a recent judgment of this court in Mathunni Mathai v. Hindustan Organic Chemicals Ltd. is no longer res Integra. He further contended that the appellants are entitled to appropriate the costs from the principal amount of compensation, then towards interest on total amount of compensation from the date of taking possession till date of payment as determined by the Collector as well as the High court. The hierarchy of courts would determine the compensation after considerable delay and the owner or interested person is entitled to be compensated for loss in value of their land. On determination thereof, the State as judgment-debtor is liable to restitute the owner with just compensation by way of principal amount and interest accrued thereon. The owner of the land as judgment-creditor is entitled to appropriate the principal amount deposited by the Collector, in the first instance, towards costs, then towards interest on total amount and the balance amount and interest accrued thereon is entitled to be recovered in execution. Therefore, the High court was not right in holding that the appellants were entitled tothe interest only from the respective dates of the award of the Collector or a the orders of the court. The direction not to appropriate the amount deposited by the Collector first towards costs and then interest is clearly illegal. In support thereof, Shri Kaira placed strong reliance on the judgment of this court in Meghraj v. Bayabai
;


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