Statutory interest under Section 28 of the Land Acquisition Act is an integral part of the decree to be passed by the Court and the Court has the power to rectify an error in the decree under Section 152, Civil Procedure Code.

B. K. RAY, J.

( 1 ) AN area of 2. 00 acres in Sahid Nagar at Bhubaneswar belonging to the petitioner was acquired for development of the New Capital and possession of the land was taken by the opposite parties on 20-6-1963. The Collector under the award granted Rs. 18,400/-as compensation to the petitioner for the land acquired. At the instance of the petitioner who was not satisfied with the award on the ground that the compensation fixed by the Collector was too low a reference was made to the Court for determination of the real compensation. This reference was numbered as Misc. Case No. 10 of 1964 (C. A.) in the Court of the Subordinate Judge, Bhubaneswar. The learned Subordinate Judge on 202-1965 under his judgment and decree fixed the compensation at Rs. 36,800/and directed payment of solatium at the rate of 15 per cent on the compensation amount fixed in the aforesaid miscellaneous case. He, however, did not award statutory interest at the rate of 6 per cent per annum from the date of dispossession till payment as provided under Section 28 of Land acquisition Act. The petitioner thereafter instead of filing a petition under section 152, Civil Procedure Code filed an application under Section 47 of the said Code before the learned Subordinate Judge praying that his judgment and decree be reviewed and the petitioner be granted statutory interest. This review petition was dismissed on 12-2-1966. In the meantime, the opposite parties had filed F. A. No. 70 of 1965 against the judgment and decree of the learned subordinate Judge in Misc. Case No. 10 of 1964 in this Court. This first appeal was dismissed on 9-2-1971. The decree passed by this Court in the said first appeal also did not grant statutory interest to the petitioner. The petitioner thereafter instead of filing an application under Section 152, Civil Procedure code in this Court filed an application under the said section in the Court of the subordinate Judge, Bhubaneswar on 20-4-1974. While the review application was pending disposal before the learned Subordinate Judge, opposite parties paid the entire compensation together with solatium determined by the Court on 31-5-1974. On 20-9-1974 the learned Subordinate Judge dismissed the application under Section 152, Civil Procedure Code on the ground that the petitioner did not file a cross-objection for statutory interest after receipt of the notice in the aforesaid first appeal and that the petitioner did not carry a revision to this Court against the order of the learned Subordinate Judge dismissing the petitioner's previous application for review. Having thus failed in the Court below the petitioner has filed the present application under Sections 151 and 152, Civil Procedure Code in the Court for statutory interest which according to him amounts to Rs. 12,080/ -.

( 2 ) MR. S. Misra-2, learned Counsel for the petitioner, urges that after dismissal of F. A. No. 70 of 1965 the decree of the learned Subordinate Judge, Bhubaneswar in Misc. Case No. 10 of 1964 merged in the decree of this Court; that this Court, while dismissing the first appeal, should have granted statutory interest to the petitioner and that the statutory interest being an integral part of the decree to be passed by this Court, failure to grant the same to the petitioner in the decree is an accidental error which has crept into the decree of this Court. So, according to Mr. Misra, this Court can rectify the mistake in exercise of its power under Section 152, Civil Procedure Code. It is further argued by him that there being no time limit for filing an application under section 152, Civil Procedure Code the petitioner's application should be entertained. All these contentions of Mr. Misra are well founded. It is, no doubt, well established that the statutory interest provided under Section 28 of the land Acquisition Act is an integral part of the decree to be passed by the Court and the Court, while determining compensation under the Act, has to awa