S. P. SRIVASTAVA, GHANSHYAM DASS, JJ.

( 1 ) HEARD the learned counsel for the petitioner.

( 2 ) THE learned standing counsel representing the respondents on advance notice has also been heard in opposition to the writ petition.

( 3 ) PERUSED the record.

( 4 ) THE petitioner has prayed for a direction requiring the Special Land Acquisition Officer impleaded as respondent No. 2 to rectify, in accordance with the provisions contained in para 94 of the Land Acquisition Manual, exercising the Jurisdiction envisaged under Section 12a of the land Acquisition Act, the award dated 6. 6. 2003 declared under the provisions of the Land acquisition Act determining the amount of compensation in respect of the agricultural holdings of the petitioner which had been acquired under the provisions of the aforesaid Act.

( 5 ) AT the out set it may be noticed that Section 12a of the Land Acquisition Act as applicable to the State of U. P. now stands superseded by the Central Act after the enforcement of the provisions to the identical effect by bringing on the statute book Section 13a providing for correction of clerical error, etc.

( 6 ) THE provisions contained in Section 13a enables the Collector to rectify clerical or arithmetical mistake in the award subject to certain conditions. The provision contained in section 13a of the Land Acquisition Act is to the following effect :

"13a. Correction of clerical errors, etc.-- (1) The Collector may, at any time but not later than six months from the date of the award, or where he has been required under Section 18 to make a reference to the Court, before the making of such reference by order, correct any clerical or arithmetical mistakes in the award or errors arising therein either on his own motion or on the application of any person interested or a local authority : provided that no correction which is likely to affect prejudicially any person shall be made unless such person has been given a reasonable opportunity of making a representation in the matter.

(2) The Collector shall give immediate notice of any correction made in the award to all the persons interested.

(3) Where any excess amount is proved to have been paid to any person as a result of the correction made under Sub-section (1), the excess amount so paid shall be liable to be refunded and in the case of any default or refusal to pay, the same may be recovered as an arrear of land revenue".

( 7 ) IT may be noticed that in the absence of the provision now contained in Section 13a, the collector could not even rectify a genuine clerical or arithmetical error in the award and since a provision to the aforesaid effect was felt immensely necessary so that even minor errors may be rectified, the various States had enacted similar provision like Section 12a enacted by the State of Uttar Pradesh. However, now since the Central Act has been amended, the provisions contained in Section 12a as applicable to the State of Uttar Pradesh stand superseded.

( 8 ) THE petitioner claims that his agricultural holdings comprising of Plot Nos. 207, 316, 355, 356, 353 and 221 had been acquired in the proceedings initiated under the Land Acquisition Act, 1894. The notification under Section 4 (1) of the Land Acquisition Act in respect of the land in dispute which forms part of a large area had been published in the Official Gazette on 25. 7. 1998. Notification under Section 6 was published in the Gazette on 10. 3. 1999. In the proceedings initiated for the determination of the compensation for the land belonging to the petitioner, a detailed objection had been filed by the petitioner along with other tenure holders, a copy of which has been filed as Annexure-4 to the writ petition. In his objection, the petitioner had raised various objections in support of his claim for award of compensation at the enhanced rate.

( 9 ) THE Special Law Acquisition Officer disposing of the objection had determined the amount of compensation at the rate of Rs. 1,54 (sic) 9. 18 pe

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