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ARUN MISHRA, VINEET SARAN, S.RAVINDRA BHAT
NARESH KUMAR – Appellant
Versus
GOVT. OF NCT OF DELHI – Respondent
There is no provision in the Land Acquisition Act, 1894 to review an award once passed under Section 11. [judgement_subject] (!) [1000641440007] (!) [1000641440008][1000641440009][1000641440010] (!)
Section 13A permits only correction of clerical or arithmetical mistakes in the award, within six months from the date of the award, and only before reference under Section 18 if applicable. [judgement_act_referred] (!) (!) (!) (!) (!) [1000641440004][1000641440007][1000641440008][1000641440010]
An award under Section 11 becomes final upon being filed in the Collector's office and notice given to interested persons; partial payment of compensation further confirms finality under Section 12. [judgement_act_referred] (!) [1000641440004][1000641440010] (!)
Review award passed after nine months, reducing compensation for structures claimed as illegal, constitutes impermissible review, not mere clerical correction, as it requires evidence on legality. [1000641440001][1000641440002][1000641440009][1000641440011]
Power of review exists only if expressly provided by statute; absent such provision, review orders are without jurisdiction. [1000641440011] (!) (!) [1000641440012][1000641440013] (!)
In this case, original award dated 01.10.2003 (Rs. 1,97,08,397/-, partial payment made) attained finality; review award dated 14.07.2004 reducing it by Rs. 49,39,195/- quashed; appellants entitled to original award plus supplementary award for trees (Rs. 45,36,781.64). [1000641440001][1000641440002][1000641440003] (!)
JUDGMENT
Vineet Saran, J.
The short question involved in these appeals are, as to whether under the Land Acquisition Act, 1894 (for short 'the Act'), after the passing of the Award under Section 11 of the Act, the Award could be reviewed under any of the provisions of the Act, specially under Section 13A of the Act.
2. Brief facts of this case, relevant for the purpose of the present appeals are, that land of the appellants was sought to be acquired by a notification dated 23.05.2002 issued under Section 4 of the Act, followed by a declaration under Section 6 of the Act issued on 17.12.2002. An Award bearing no. 16/03-04 dated 01.10.2003 was passed by the Land Acquisition Collector awarding compensation of Rs. 1,97,08,397/- in favour of the appellants, out of which, an amount of Rs. 1,87,10,194/- was paid to the appellants and the balance amount of Rs. 9,98,203/-, along with interest, still remains to be paid.
3. Then on 14.07.2004, a Review Award was passed by the Land Acquisition Collector, reducing the amount of compensation by Rs. 49,39,195/- on the ground that the compensation ought not to have been awarded in respect of alleged illegal structures on the land, which had wrongly be
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