SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2017 Supreme(P&H) 2487

IN THE HIGH COURT OF PUNJAB AND HARYANA
DAYA CHAUDHARY, J.
Mandeep Singh Sidhu – Appellant
Versus
Improvement Trust, Patiala – Respondent
CR No. 4022 of 2014
Decided On : 05-04-2017

Advocates Appeared:
For the Appellant :Harminder Singh, Advocate.
For the Respondents:S.C. Pathela, Advocate.

The main legal point established in the judgment is the entitlement of the petitioners to interest on the enhanced compensation amount as per Section 28 of the Land Acquisition Act, 1894, and the scope of the inherent powers of the Court under Section 151 CPC and the provisions of Sections 152 and 153 CPC for correction of judgments, decrees, and orders.

Headnote:

Land Acquisition - Punjab Town Improvement Act, 1922 - Sections 151, 152, 153 CPC - Land Acquisition Act, 1894 - Section 28 - The judgment discussed the provisions of Section 28 of the Land Acquisition Act, 1894, which entitled the petitioners to interest on the enhanced amount of compensation. The court also analyzed the inherent powers of the Court under Section 151 CPC and the scope of Sections 152 and 153 CPC for correction of judgments, decrees, and orders.

Fact of the Case:

The petitioners' land was acquired by the State Government under the Punjab Town Improvement Act, 1922. They filed an application under Sections 151, 152, and 153 CPC for corrections in the judgment related to the compensation and the name of one of the petitioners.

Finding of the Court:

The Court found that the petitioners were entitled to interest on the enhanced compensation amount as per Section 28 of the Land Acquisition Act, 1894. It also discussed the inherent powers of the Court under Section 151 CPC and the scope of Sections 152 and 153 CPC for correction of judgments, decrees, and orders.

Issues: The issues involved the entitlement of the petitioners to interest on the compensation amount and the correction of the judgment under Sections 151, 152, and 153 CPC.

Ratio Decidendi: The Court held that the petitioners were entitled to interest on the enhanced compensation amount as per Section 28 of the Land Acquisition Act, 1894. It also discussed the scope of the inherent powers of the Court under Section 151 CPC and the provisions of Sections 152 and 153 CPC for correction of judgments, decrees, and orders.

Final Decision: The revision petition was partly allowed, and the impugned order was modified to correct the name of petitioner No.3.

JUDGMENT :

DAYA CHAUDHARY, J.

1. The present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 24.01.2014 (Annexure P-5) passed by the District Judge, Patiala, whereby, the application filed by the petitioners under Sections 151, 152 and 153 CPC was dismissed.

2. Briefly, the facts of the case as made out in the present revision petition are that the land of the petitioners was acquired by the State Government under the provisions of the Punjab Town Improvement Act, 1922. The Land Acquisition Collector, Patiala passed award No.1 of 1997- 1998 on 07.08.1998 and the possession of the acquired land was taken on 19.08.1998. The petition filed by the petitioners under Section 18 of the Land Acquisition Act, 1894 (hereinafter called as 'the Act') was registered as Land Reference No.1 of 16.09.1998, which was decided on 29.07.2011 For Subsequent orders see CM-10595-CII-2017 by the Land Acquisition Tribunal, Improvement Trust, Patiala (District Judge, Patiala). As per the said judgment, the petitioners were held entitled to interest @ 9% per annum on the enhanced amount of compensation from the date of passing of award by the Collector till the date of payment under Section 28 of the Act. More than one year had passed from the date of passing of award i.e., 07.08.1998 as well as taking of possession i.e., 19.08.1998 and the petitioners were entitled to interest @ 9% per annum for a period of one year i.e., from the date of taking of possession and thereafter @ 15% per annum till actual payment is made. Thereafter, the petitioners filed an application under Sections 151, 152 and 153 CPC for making corrections in the judgment and requested the Tribunal to grant interest @ 15% per annum after expiry of period of one year from the date of award/taking of possession by correcting the name of petitioner No.3. Reply to the application was filed wherein it was admitted that as per provisions of Section 28 of the Act, interest was payable @ 9% for one year and @ 15 % thereafter. The application filed by the petitioners was dismissed vide order dated 24.01.2014, which has been challenged by way of filing the present revision petition.

3. Learned counsel for the petitioners submits that the Court below has not taken into consideration the provisions of Section 28 of the Act, which are statutory in nature and the petitioners cannot be deprived of the same at the time of passing of judgment dated 29.07.2011. Learned counsel further submits that payment of interest on excess compensation is covered by the provisions of Section 28 of the Act. The period of more than one year had expired from the date of passing of award as well as taking of For Subsequent orders see CM-10595-CII-2017 possession and the petitioners were entitled for interest. Learned counsel also submits that in para No.8 of the application, it has been mentioned that the name of one of the petitioners i.e., petitioner No.3 was mentioned as Preet Singh Sidhu instead of Sat Preet Singh Sidhu and that correction was liable to be corrected to avoid any complication at the stage of getting of the compensation. It was a typographical error but the same has not been taken into consideration. Learned counsel also submits that the judgment relied upon in the impugned order is not applicable to the facts of the present case. Learned counsel for the petitioners has also relied upon judgments rendered by Hon'ble the Apex Court in Vikas Aggarwal v. Anubha, 2002(2) RCR (Civil) 602, Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal, 1962 AIR (SC) 527, P.K. Palanisamy v. N. Arumugham & Anr.,2009(9) SCC 173 as well as judgment rendered by this Court in Union of India through defence Estates Officer, Delhi Circle, Delhi Cantt. v. Chandan Singh son of Tek Chand, and others, Civil Revision No.6345 of 2011 decided on 09.04.2013 in support of his contentions.

4. Learned counsel for the respondents has opposed the submissions made by le



















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

AI

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top