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K.RAMASWAMY, K.G.BALAKRISHNAN, B.N.SRIKRISHNA, G.B.PATTANAIK
Urban Improvement Trust, Jodhpur – Appellant
Versus
Gokul Narain – Respondent
Key Points: - Under Order 22, Rule 4 of the CPC, there is no abatement of an appeal if the application to bring legal representatives on record is filed within 30 days from the date of knowledge of the party's death (!) (!) . - The Central Land Acquisition Amendment Act 68 of 1984, specifically the provisions for solatium and additional amount, cannot be applied to awards made prior to the coming into force of the Rajasthan Amendment Act 29 of 1987 (!) (!) . - The District Judge and High Court erred in applying the Amendment Act of 1984 to an award made in 1965/1976, as the amendment was prospective and only applied to pending matters as of August 1, 1987 (!) (!) . - An order awarding additional benefits without jurisdiction is a nullity, and its nullity can be assailed at any stage, including during execution proceedings under Section 47 of the CPC (!) (!) . - The respondent is entitled only to the principal compensation amount and interest at 6% per annum from the date of taking possession, not to solatium or additional amounts under the 1984 Amendment Act (!) (!) . - The executing Court is directed to recompute the appellant's liability for compensation and interest and order execution accordingly without the disallowed additional benefits (!) (!) . - Payment of additional amount, solatium, and interest under specific sections of the Land Acquisition Act are independent components and not part of the compensation for the market value of the land (!) (!) . - The High Court had no power to independently award statutory benefits under the Amendment Act when confirming the award of the reference Court, making such awards without jurisdiction (!) (!) .
JUDGMENT
K. Ramaswamy, J.-Leave granted.
2. This appeal by special leave arises from the judgment dated May 27, 1994 made in Civil Revision No. 553 of 1993 by a learned single Judge of the Rajasthan High Court at Jodhpur. The admitted facts are that under Section 52 of the Rajasthan Urban Improvement Act, 1959 [for short, the Act ] the land of Gokul Narain, the first respondent, along with other lands, for construction of over-bridge, was acquired and possession thereof was taken on June 22, 1965. The Additional Collector made his award on June 30, 1976 awarding a sum of Rs. 70,699,82 as compensation which included value of the building also. On appeal, the District Judge by order dated January 27, 1978 enhanced the compensation to Rs.2/- per square foot. The appellant as well as the respondents carried the matter in revision to the High Court. By order dated March 18, 1983 the High Court remanded the matter to the District Judge, with certain directions, for fresh disposal thereof. The district judge by order dated November 19, 1985 enhanced the compensation to Rs.11.50 per square foot and on further revision and remand by the High Court by order dated December 18, 1989 also
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