Point of Law : Statutory provisions enabling the CALA to review or modify settled Awards, except to correct patent errors.

JUDGMENT :

A terse issue, but which can have ramifications in matters relating to acquisitions under the National Highways Act, 1956, is placed for resolution in these matters; being if the Competent Authority for Land Acquisition, under the aforesaid Act, can review or modify an Award issued by it earlier.

2. I will first explain how this issue has been presented in these two cases which require to be disposed of together, since the reliefs to be granted in one will certainly have a bearing on the reliefs to be granted in the other.

3. The petitioners in these cases are stated to be the owners of properties which were acquired by the National Highway Authorities of India (NHAI) and with respect to which, Awards have been issued by the Competent Authority for Land Acquisition (CALA). They have produced the Awards as Ext.P2 in both cases.

4. The petitioner in W.P(C)No.1996/2021, however, alleges that even after Ext.P2 Award had been issued as early as on 27.12.2019, the CALA, thereafter, modified it through Ext.P6, reducing the value of structures and land therein and asserts that this is illegal and unlawful.

5. As far as the petitioner in W.P(C)No.12458/2021 is concerned, she appears to have approached this Court because, after Ext.P2 Award was made in her favour, Ext.P3 notice has been issued on 21.10.2020, asking her to produce certain documents for the purpose of modifying the said Award.

6. The petitioners in these cases, therefore, contend that the afore action of the CALA -in having modified the Award, as far as W.P(C)No.1996/2021 is concerned; and in attempting to do so in W.P(C)No.12458/2021 -is illegal and unlawful and thus pray that Ext.P6 in the former Writ Petition and Ext.P3 in the latter be quashed.

7. The learned Government Pleader – Smt.Reshmi Thomas, in response, submitted that the impugned proceedings have been issued by the CALA on account of certain subsequent instructions issued by the NHAI to its Project Director. She submitted that, therefore, the CALA had no other option but to issue the impugned proceedings and therefore, prayed that these Writ Petitions be dismissed.

8. Sri.Mathews K. Philip – learned Standing Counsel for the NHAI, conceded that the Project Director had received certain Instructions from the NHAI on 11.08.2020 -a copy of which has been placed on record as Annexure R1(a) -in which, the assessment and quantification of the compensation has been suggested to be done in a particular manner. He submitted that since Ext.P2 Awards in these cases had been settled prior to Annexure R1(a), the CALA was justified in having issued the impugned proceedings.

9. However, to a pointed question from this court, Sri.Mathews K. Philip conceded that there are no specific statutory provisions enabling the CALA to review or modify settled Awards, except to correct patent errors.

10. I have evaluated the afore submissions and have also gone through the materials available on record.

11. The powers and competence of the CALA are clearly specified, enumerated and detailed in the N.H.Act. As per Section 3G thereof, where any land is acquired under the Act, there shall be paid an amount to be determined by the CALA. The said Authority is empowered and authorised to make such determination with respect to the value of the acquired land in terms of Section 3G(7) of the Act and then Section 3G(5) provides that if either of the parties is dissatisfied with the amount so arrived at by the CALA, they can seek it to be determined by the Arbitrator to be appointed by the Central Government.

12. It is thus incontestable that upon the CALA determining the amount under Section 3G of the Act and issuing the resultant Award, he is rendered functus officio and cannot, thereafter, assume any further Statutory jurisdiction with respect to the same. The CALA can, at the best, correct patent typographical or clerical errors, but is proscribed from dealing with the published Award on its merits, in any manner, thereafter. Therefore, by no m