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1998 Supreme(P&H) 1572
PUNJAB & HARYANA HIGH COURT
Swatanter Kumar, J.
Kaila Devi
Versus
State Of Haryana
C.M. No. 2726 of,1993 of,
R.F.A. No. 459 of 1988,
Decided On : DECEMBER 17, 1998
THE INHERENT POWERS OF THE COURT UNDER SECTION 151 CPC CANNOT BE USED TO REVIEW OR ALTER A FINAL JUDGMENT OR ORDER PASSED BY THE COURT IN EXERCISE OF ITS APPELLATE JURISDICTION.
Headnote:
LAND ACQUISITION - SECTION 151 CPC - INHERENT POWERS - REVIEW - RES JUDICATA - APPLICABILITY - COURT'S INHERENT POWERS UNDER SECTION 151 CPC CANNOT BE USED TO REVIEW OR ALTER A FINAL JUDGMENT OR ORDER PASSED BY THE COURT IN EXERCISE OF ITS APPELLATE JURISDICTION - SUCH POWERS CANNOT BE USED TO CIRCUMVENT THE SPECIFIC PROVISIONS OF THE CODE OR TO SUBSTITUTE FOR APPELLATE COURT POWERS TO JUDGE THE MERITS AND CORRECTNESS OF THE JUDGMENT PRONOUNCED.
Fact of the Case:
THE APPLICANTS, WHOSE LAND WAS ACQUIRED BY THE STATE OF HARYANA FOR THE CONSTRUCTION OF A THERMAL POWER PROJECT, FILED AN APPLICATION UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE (CPC) SEEKING ENHANCEMENT OF COMPENSATION AWARDED TO THEM. THE APPLICATION WAS FILED AFTER THE APPLICANTS' FIRST REGULAR APPEAL CHALLENGING THE COMPENSATION AWARD WAS DISMISSED BY THE HIGH COURT AND A SUBSEQUENT APPLICATION FOR REVIEW OF THE DISMISSAL ORDER WAS ALSO DISMISSED.
Finding of the Court:
THE COURT HELD THAT THE APPLICANTS' APPLICATION UNDER SECTION 151 CPC WAS NOT MAINTAINABLE AND WAS LIABLE TO BE DISMISSED ON MERITS. THE COURT HELD THAT THE INHERENT POWERS OF THE COURT UNDER SECTION 151 CPC COULD NOT BE USED TO REVIEW OR ALTER A FINAL JUDGMENT OR ORDER PASSED BY THE COURT IN EXERCISE OF ITS APPELLATE JURISDICTION. SUCH POWERS COULD NOT BE USED TO CIRCUMVENT THE SPECIFIC PROVISIONS OF THE CODE OR TO SUBSTITUTE FOR APPELLATE COURT POWERS TO JUDGE THE MERITS AND CORRECTNESS OF THE JUDGMENT PRONOUNCED.
Issues: 1. WHETHER THE COURT'S INHERENT POWERS UNDER SECTION 151 CPC CAN BE USED TO REVIEW OR ALTER A FINAL JUDGMENT OR ORDER PASSED BY THE COURT IN EXERCISE OF ITS APPELLATE JURISDICTION? 2. WHETHER THE INHERENT POWERS OF THE COURT CAN BE USED TO CIRCUMVENT THE SPECIFIC PROVISIONS OF THE CODE OR TO SUBSTITUTE FOR APPELLATE COURT POWERS TO JUDGE THE MERITS AND CORRECTNESS OF THE JUDGMENT PRONOUNCED?
Ratio Decidendi: THE COURT RELIED ON SEVERAL SUPREME COURT JUDGMENTS TO HOLD THAT THE INHERENT POWERS OF THE COURT UNDER SECTION 151 CPC COULD NOT BE USED TO REVIEW OR ALTER A FINAL JUDGMENT OR ORDER PASSED BY THE COURT IN EXERCISE OF ITS APPELLATE JURISDICTION. THE COURT HELD THAT SUCH POWERS COULD NOT BE USED TO CIRCUMVENT THE SPECIFIC PROVISIONS OF THE CODE OR TO SUBSTITUTE FOR APPELLATE COURT POWERS TO JUDGE THE MERITS AND CORRECTNESS OF THE JUDGMENT PRONOUNCED.
Final Decision: THE COURT DISMISSED THE APPLICANTS' APPLICATION UNDER SECTION 151 CPC.
Swatanter Kumar, J.
1. This application under Section 151 of Civil Procedure Code has been filed by the applicant with a prayer that they be awarded a sum of Rs. 60,000/- per acre for the acquisition of their land in terms of order dated 24.5.1990. passed in RFA No. 1186 of 1988 Arjan and Ors. v. State of Haryana and Ors.
2. Notice of this application was issued to the respondent, who filed a detailed reply to the application. On merits of the case, they raised objection to the very maintainability of the application in the present form.
3. The applicants contended that in the interest of justice and to award equal compensation to the applicants, as has been granted to the other claimants, whose land was acquired by the same notification, compensation prayed for should be granted to them. On the other hand, it is contended by the respondent that the application is an abuse of process of law and if any remedy was available to the applicants in the present case, it was by filing a Letters Patent Appeal against the judgment of the Honble Single Judge of this Court.
4. In order to critically examine the rival contentions, references to basic facts would be necessary.
5. The land of the applicant along with other land-owners of Village Rattan Pura was acquired by the State of Haryana for the construction of Yamuna Nagar Thermal Power Project Colony vide notification dated 16.3.1985 published on 21.3.1985 under Section 4 of the Land Acquisition Act, 1894 . After following due process under the provisions of the said Act, the Land Acquisition Collector had awarded compensation, which was enhanced by the learned Additional District Judge to Rs. 45,000/- per acre vide judgment dated 21.11.1987. Aggrieved by the award of the learned Additional District Judge, the applicants-claimants filed First Regular Appeal No. 459 of 1988 in this court, which was dismissed by Honble Mr. Justice N.C. Jain, vide detailed judgment dated 27.7.1989 and the relevant portion of the judgment reads as under: -
"In the light of the observations made above, the appeals are meritless and they are consequently ordered to be dismissed with no order as to costs."
6. Learned Judge did not consider it proper to enhance the amount already awarded by the learned Additional District Judge and maintained the amount of compensation awarded by the learned Additional District Judge, though the claimants had asked for compensation at the rate of Rs. 80,000/- per acre. However, in another Regular First Appeal, being RFA No. 1186 of 1988, the compensation was enhanced by the High Court to Rs. 60,000/- per acre. In view of the order passed in RFA No. 1186 of 1988, the present applicants filed an application being Civil Misc. No. 1619-CI of 1990 in this Regular First Appeal praying that they be awarded compensation at the same rate i.e. Rs. 60,000/- per acre. The basic plea was that for the identical land acquired by the same notification said compensation has been awarded, so the applicants were entitled to Rs. 60,000/- per acre.
7. This application was filed by the applicants on 16.8.1990 and was dismissed by the Court by its order dated 12.7.1993. The said order reads as under:-
"This order of mine would dispose of the civil misc. application. A prayer for the grant of compensation in the amount of Rs. 60,000/- per acre to bring it in conformity with the Award given by me in RFA No. 1186 of 1988-Arjan and Anr. v. The State of Haryana decided on May 14, 1990 has been made after hearing the counsel for the parties vide my judgment dated July 27, 1989 (Ved Parkash v. State of Haryana, RFA No. 507 of 1988) dismissed the appeals of the claimants upholding the award of the Land Acquisition Court. Any order to be passed by me would amount to reviewing my Award in Ved Parkashs case (supra). The applicant could well file an appeal before the Letters Patent Bench. Even the present application was filed after more than a year. In view thereof no case for interference under Sect
