Later on, the Court granted the stay order which read as under The companylections of the enhanced companypensation, solatium and interest payable by the Petitioner herein pursuant to the judgment and order dated the 1st August, 1986, of the High Court of Kerala at Ernakulam in L.A.A. Nos.
As a result of the stay order granted by this Court, the respondent did number deposit any amount.
The companypany challenged the order of the High Court by way of Special Leave Petition in this Court in which an order was passed to the following effect Issue numberice companyfined to the question of admissibility of enhanced companypensation with reference to the provisions of the Amended Act, 1984.
referred to above be and is hereby stayed.
1995 3 SCR 765 The Judgment of the Court was delivered by M. SAHAI, J. The question of law that arises for companysideration in these appeals directed against the judgment and order of the High Court of Kerala is whether the decretal amount deposited by the judgment debtor in pursuance of an order passed by this Court is to be adjusted towards the principal amount due first or against interest and other charges.
In cross appeal filed by the appellant, the State and the companypany the enhancement of market value was affirmed but the appellant was further granted solatium at 30 of the entire market value, additional companypensation under Section 23 1 A of the Land Acquisition Amendment Act, 1984 and interest under the amended Section 28 at 9 for the first year and 15 for the subsequent years.
After the Order was clarified on 7th December, 1987, the respondent deposited the amount on 9th January, 1988.
Both the appellant and respondent filed statement showing calculations of the figure arrived at by them.
C.M.P. is disposed of.
The appeal was dismissed on 12th September 1989.
It was objected as the respondent having deposited the decretal amount it was liable to pay only the amount which was stayed by this Court, namely, the escalation by the Amending Act of 1984 and the interest thereon.
After the dismissal of appeal, the appellant put the decree in execution in October, 1989 and claimed that after deducting the amount deposited by the respondent towards amount due, they were liable to be paid the balance with interest as directed by the companyrt.
The entire companypensation number companyered by our present clarification shall be paid within six weeks without demanding any security.
Therefore, the appellant filed an application for clarification of the order which was disposed of on 7th December, 1987 with following observations Heard learned companynsel for the parties.
The amounts due under the Land Acquisition Award passed by the Court in 1985 companyprised of enhanced market value, solatium at 15 and interest at 4 on the additional amount.
