IMPORTANT POINTS
A decree which is null and void ab initio due to lack of jurisdiction can be challenged at any subsequent stage including execution stage.
Decree once becoming final and binding cannot be sought to be amended u/ss 151 and 152.
Wrong judgment given by the High Court cannot be taken as precedence for perpetrating such wrong.

JUDGMENT

Dr. Mukundakam Sharma, J. —

1. As the facts and issues involved are similar and interconnected, we propose to dispose of all the appeals by this common judgment and order. However, we may record the facts of each of the cases separately and deal with the issues at one place as they are interconnected.

Civil Appeal No. 3568 of 2005

2. This appeal arises out of the acquisition of land of Sarup Singh, the appellant herein, by issuing a notification under Section 4 of the Land Acquisition Act, 1894 [hereinafter referred to as “the Act”] on 09.10.1974. Possession of the land was taken on 03.12.1974 and the award was passed on 11.06.1975. As against the award passed by the Special Land Acquisition Collector, Bhatinda Cantonment, a reference case was filed which was decided by the Reference Court on 31.07.1979. Finally, the matter came to be decided by the High Court of Punjab & Haryana. The High Court by an order dated 08.12.1982, determined the market value of the land and the appellants herein were also granted solatium at 15 per cent and also interest at 6 per cent per annum. The aforesaid judgment and order passed by the High Court became final and binding as no appeal was brought to this Court thereafter.

3. Subsequently, however, the decree holders-appellants filed Civil Miscellaneous Applications No. 1296 of 1985 under Sections 151 and 152 of Code of Civil Procedure, 1908 [for short “C.P.C.”] praying for solatium and interest at the enhanced rate as provided for by the amendment in the Act (by way of Act 68 of 1984) which was given effect from 24.09.1984. The High Court allowed the said Miscellaneous Petition by order dated 17.02.1986 by passing an order enhancing the payment of solatium from 15 per cent to 30 per cent and interest from 6 per cent to 9 per cent per annum for the first year after acquisition and 15 per cent per annum thereafter till the date of actual payment of the enhanced amount of compensation.

4. On the basis of the aforesaid order dated 17.02.1986, the appellants filed an execution application before the Additional District Judge, Bhatinda. The execution application was dismissed by the Additional District Judge, Bhatinda by an order dated 30.08.2001 holding that the appellants herein are not entitled to enhanced rate of solatium and interest as the award of the Collector and that of the reference court in their case was passed prior to 30.04.1982. The Additional District Judge further held that the order passed by the High Court under Sections 151 and 152 of C.P.C. was without jurisdiction and as such a nullity.

5. Being aggrieved by the said order, the appellants herein filed a miscellaneous petition before the High Court which was registered as Civil Revision No. 5481 of 2001 and by the impugned order dated 24.09.2002, the same was dismissed upholding the order passed by the Additional District Judge, Bhatinda as against which the present appeal was filed.

Civil Appeal No. 3566 of 2005

6. This appeal arises out of the same notification dated 09.10.1974, as that of Civil Appeal No. 3568 of 2005, issued by the respondents under Section 4 of the Act proposing to acquire land belonging to one Chuhar Singh. Chuhar Singh died subsequently and therefore his sons, viz., Hardev Singh, Balwant Singh and Gurbachan Singh preferred claim on the basis of which the Special Land Acquisition Collector, Bhatinda Cantonment gave his award on 11.06.1975. As the appellants sought for reference, a reference case was registered in which the Additional District Judge passed a judgment and order dated 31.07.1979. The matter was taken to the High Court which was initially registered as RFA No. 10687 of 1980 and was decided on 30.07.1981. After which a Letters patent Appeal No. 128 of 1982 was filed which was decided on 18.12.1985 and the said was partly allowed and the respondents were directed to pay solatium at the rate of 30 per cent of the market value of the acquired land as determined by the court and also inter