PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARKESH MANUJA, J.
Greater Mohali Area Development Authority (Gmada) Through Its Additional Chief Administrator – Appellant
Versus
Bhagwan Saroop Through His Legal Heirs Hardev Kumar (Son) And Others – Respondent
Civil Revision No. 784 of 2025 (O&M)
Decided on : 01-03-2025
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 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter to be referred as '2013 Act') read with Section 6 of 1894 Act was issued on 21.07.2014. An Award No. 561, dated 27.11.2015 was passed by the Land Acquisition Collector (for short 'LAC') while exercising the powers under Section 26 of 2013 Act, having assessed the market value @ Rs. 90,00,000/- per acre for chahi land; Rs. 2,19,00,000/- per acre for Gair Mumkin land, besides awarding other statutory benefits. In terms thereof, the respondents-landowners were released compensation on 07.01.2016.
3. Being aggrieved of the market value assessed by the LAC, the respondents-landowners filed reference under Section 64 of 2013 Act seeking enhancement of compensation including the market value along with other statutory benefits and the same came to be allowed by the Reference Court vide its decision dated 23.12.2022, thereby enhancing the market value to Rs. 2,81,94,139.9 per acre with grant of 100% solatium as well as other benefits. The operative portion of the award is extracted hereunder:-
'In view of the reasons discussed herein before, the present petitions are hereby allowed and the compensation awarded in this case by the Learned Land Acquisition Collector, SAS Nagar vide Award No. 561 dated 27.11.2015 is hereby enhanced at the rate of Rs. 2,81,94,139.9 per acre, which is to be paid by the respondents to the petitioners and in addition to it, the petitioners are also held entitled to A.P. @ 12% from dated 04.10.2013 (i.e. the date of notification) till 27.11.2015 (i.e. the date of the Award No. 561) alongwith interest as provided under Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the solatium @ 100%, which is to be paid by the respondents to the petitioners. '
4. Still dissatisfied, two appeals came to be preferred before this Court, (i) RFA-1858-2023 at the instance of landowners-respondents; and (ii) RFA-221-2024 at the instance of petitioner-GMADA. Vide interim order dated 24.09.2024 (Annexure P-2), this Court stayed the disbursement of l/3rd of the enhanced compensation subject to appellant-petitioner/GMADA making payment of balance enhanced amount to the landowners within eight weeks.
5. It is the case set up by the petitioner that in terms of the aforementioned interim order, enhanced compensation was paid to the respondents-landowners on 11.11.2024 whereas it was pleaded by respondents/ landowners that a substantial part of compensation yet remained unpaid to them. Thereafter, both the sides furnished their respective calculations before the Executing Court. While submitting their calculations, the respondents-landowners arrived at a figure by calc
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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