SUPREME COURT OF INDIA
BEFORE K. RAMASWAMY AND B.L. HANSARIA, JJ.
UNION OF INDIA AND OTHERS
Versus
PRATAP KAUR (SMT) (DEAD) THROUGH LRS. AND ANOTHER
Civil Appeals Nos. 3179-81 and 3182-87 of 1995{From the Judgment and Order dated 20-11-1992 and 21-5-1993 of the Punjab and Haryana High Court in C.R. No. 23019 of 1992, R.A. No. 20CII of 1993 and C.M. No. 2262 of 1993, R.A. No. 14 CII of 1993, C.R. No. 3170 of 1992, R.As. Nos. 16 CII of 1993, 15CII of 1993, 17CII, 18CII, 19CII of 1993, C.R. Nos. 3171-75 of 1992}
Decided on 27-1-1995
Advocates appeared:
N.N. Goswamy, Senior Advocate (Ms Anil Katiyar, Naveen Prakash and Ms A. Subhashini, Advocates, with him) for the Appellants;
Arun Jaitley, Senior Advocate (Ms Madhu Moolchandani, Advocate, with him) for the Respondents.
Land Acquisition Act, 1894 - Section 4(1) - Acquisition of Land - Extension of Military Cantonment – Demarcation - Determination of Compensation - Appeals by special leave arise from judgment and order of High Court of Punjab and Haryana made in Review Application - Acquiring a large extent of land and other places for extension of military cantonment - In determination of compensation, the Division Bench of the High Court in LPA No. 1349 of 1989 and batch ultimately held that - Consequently we venture to make the modification in the order of the learned Single Judge to the effect that land falling within a depth on either side of Road shall also be assessed at rate as its market value – Held, It is an independent exercise of the power for the purpose of determination of the compensation under clause first of sub-section (1) of Section 23 of the Act. With making the award under Section 26 of the Act the civil court ceased to have power to alter the award except to correct clerical or arithmetical errors. The action of the Additional District Judge was an independent one without reference or an order of remand or the High Court calling a finding from it. The civil court, therefore, was devoid of jurisdiction and power to pass the impugned award or order, as stated by the Additional District Judge; and that too after it had made the award - Court was not right in dismissing the application without adverting to these material questions touching the jurisdiction and power of the Additional District Judge. Though Shri Arun Jetley, learned Senior Counsel repeatedly requested this Court not to interfere under Article 136, it is necessary to correct legal error to set procedure in order - Appeals allowed
ORDER
1. Leave granted.
2. The appeals by special leave arise from the judgment and order dated 14-5-1995 and 20-11-1992 of the High Court of Punjab and Haryana made in Review Application No. 20 CII of 1993 and CM No. 2262 of 1993 and CR No. 3019 of 1992 respectively.
3. The notification under Section 4(1) of the Land Acquisition Act, 1894, for short the Act, was published initially on 31-3-1981 acquiring a large extent of land in Gobindpura and other places for extension of military cantonment at Bhatinda. In the determination of compensation, the Division Bench of the High Court in LPA No. 1349 of 1989 and batch ultimately held that:
"Consequently we venture to make the modification in the order of the learned Single Judge to the effect that the land falling within a depth of 500 metres on either side of Bhatinda-Bibiwala Road shall also be assessed at the rate of Rs 90,000 per acre as its market value...."
That order appears to have become final. Subsequently the respondents filed an application before the Additional District Judge in Civil Miscellaneous No. 75 of 10-8-1991 for demarcation and award of compensation to the 500 metres as ordered by the High Court. By order dated 16-12-1991 the Additional District Judge held that:
"From the evidence discussed above, it is crystal clear that the land measuring 70 kanals 13 marlas belonging to Naib Singh etc., land measuring 141 kanals 1 marla belonging to Gurdial Singh etc., land measuring 30 kanals 3 marlas belonging to Partap Kaur etc., land measuring 40 kanals 10 marlas belonging to Bhagwan Kaur etc., land measuring 48 kanals belonging to Gurdial Kaur etc., and land measuring 3 kanals i.e. 1/12 share of 35 kanals 9 marlas belonging to Sadhy Singh are within 500 metres from Bathinda-Bibiwala Road. I may add here that the evidence of the applicants remained unchanged despite opportunities given to the UOI. On the other hand, the officials of the department concerned have appeared in the witness box as AW 1, AW 2 and AW 5 to support the case of the claimants. Even otherwise from the interpretation of judgment Ex. A-3 it clearly goes to show that the land which falls within the depth of 500 metres from either side of Bathinda-Bibiwala Road, should be assessed at rate of Rs 90,000 per acre. The land of the applicants adjoins the land which as per evidence on record, was assessed at the rate of Rs 90,000 per acre. I, therefore, accepting the applications, direct the Naib Tehsildar (MLA) Bhatinda to prepare the amended memo of costs in respect of the abovesaid land of the applicants at the rate of Rs 90,000 per acre. The parties are left to bear their own costs."
Calling in question the above order the appellants filed revision in the High Court. The High Court dismissed the revision in limine. Thereafter the review petitions also stood dismissed. Thus these appeals by special leave.
4. The question that arises in these appeals is whether the District Judge has power and jurisdiction to award compensation @ Rs 90,000 per acre to the area coming within the belt of 500 metres as ordered by the Division Bench of the High Court.
5. Section 26 of the Act gives power to the civil court to give award thus:
"(1) Every award under this Part shall be in writing signed by the Judge, and shall specify the amount awarded under clause first of subsection (1) of Section 23, and...."
Section 13-A of the Act as amended under Act 68 of 1984 provides power for correcting clerical errors thus:
"13-A. Correction of clerical errors, etc.- (1) The Collector may, at any time but not later than six months from the date of the award, or where he has been required under Section 18 to make a reference to the Court, before the making of such reference, by order, correct any clerical or arithmetical mistakes in the award or errors arising therein either on his own motion or on the application of any person interested or a local authority:
Provided that no correction which is likely to affect prejudicially any person shall b
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