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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARKESH MANUJA
Greater Mohali Area Development Authority (Gmada) Through Its Additional Chief Administrator – Appellant
Versus
Bhagwan Saroop Through His Legal Heirs Hardev Kumar (Son) – Respondent
JUDGMENT :
Harkesh Manuja, J.
1. The petitioner-Greater Mohali Area Development Authority (for short 'GMADA'), by way of present revision petition, seeks setting aside of two orders, (i) order dated 23.01.2025 (Annexure P-7), whereby an application filed under Section 151/152 of the Code of Civil Procedure, 1908 (for short 'CPC') at the instance of land-owners seeking correction in the Award dated 23.12.2022 (Annexure P-1) passed by the learned Additional District Judge, SAS Nagar (for short 'Reference Court'), has been allowed; (ii) order dated 23.01.2025 (Annexure P-8), whereby an application moved at the instance of petitioner seeking recalling of the order dated 09.12.2024, vide which the warrants of attachment qua its property were issued, has been rejected.
FACTS
2. Briefly stating, certain land owned by the respondents-landowners situated in Village Sambalkhi, Hadbast No. 292, Tehsil and District SAS Nagar (Mohali) came to be acquired vide Notification dated 04.10.2013 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter to be referred as '1894 Act') for public purpose namely 'for construction of 200 feet wide road'. Later, notification under Section 24 of the R
The main legal point established in the judgment is that the powers conferred by Section 152 of the Civil Procedure Code are limited to the correction of accidental omissions or mistakes and cannot b....
The main legal point established in the judgment is that the sum awarded towards material cost forms an integral part of the compensation, and interest is payable on the entire amount of compensation....
The main legal point established in the judgment is that the powers under Section 152 of the CPC are not to be equated with the power of review and cannot be used to alter the terms of the original j....
The Land Acquisition Officer lacks jurisdiction to adjudicate title disputes and must refer such matters to the Civil Court for proper adjudication under Sections 10, 18, and 30 of the Land Acquisiti....
The modified award dated 5 September, 1994, superseded the original award dated 15 February, 1984, by application of the doctrine of merger. The Collector's rejection of the petitioners' application ....
Correction of arithmetical and typographical errors in decree can be done even without amending plaint schedule.
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