(i) Land Acquisition Act, 1894, Ss.28, 34 — Interest on compensation — Interest u/s.34 is statutory and mandatory, whereas interest u/s.28 on enhanced compensation is discretionary and is to be exercised in judicious manner — Interest under the Act is simple and not compound —...
(ii) Land Acquisition Act, 1894, Ss.28, 34 — Interest on compensation — No interest on interest is payable though payment is firstly required to be adjusted against interest. (Para 15)
(iii) Land Acquisition Act, 1894, Sections 23(1A), 23(2), 28 and 34 — Enhanced compensation — Interest on interest — Contention of landowners that interest become part of principle as soon as Executing court passed impugned order — Interest accrued upto impugned order did not become...
(iv) Land Acquisition Act, 1894, Sections 23(1A), 23(2), 28 and 34 — Enhanced compensation — Interest on Compensation — Compensation always comprises three components i.e. market value, addition under Section 23(1A) and solatium under Section 23(2) — Interest is not part of compensation. (Para 18)
(v) Civil Procedure Code, 1908, S.152 — Amendment of judgments, decrees or orders — Clerical or arithmetical mistakes or errors arising from accidental slip or omission may be corrected at any time — Power u/s.152 is not like power of review and cannot be used...
(vi) Civil Procedure Code, 1908, O.21.Rr.35, 36 — Execution proceedings — Second objection application — Executing Court cannot entertain second objection application — Respondent was required to challenge order of Executing Court instead of filing second objection application after more than five years. (Para 20)
