Union of India & ANR Vs. Karan Singh
& Ors  INSC 399 (7 April 1997)
RAMASWAMY, D.P. WADHWA
O R D
E R Delay condoned. Substitution ordered.
have learned counsel on both sides.
Section 7 of the Requisitioning and Acquisition of Immovable Property Act,
1952, the property in question Collector determined the compensation which the
respondents had received under protest; and on being dissatisfied the
respondents filed objections and arbitrator was appointed who, by his Award
dated July 6, 1982 enhanced the compensation at
different rates. rates. On appeal, the learned Single Judge set aside the award
of the arbitrator and awarded the enhanced compensation uniformly at the fate
of Rs.3,000/- per kanal. Letter Patent Appeal against the same was dismissed on
10th January, 1985 It appears that the amount awarded was deposited in court on
March 14, 1986.
on January 2, 1987 the respondents filed an application under Sections 151
& 152 of the Code of Civil Procedure before the District Judge for
direction to grant enhanced solatium and interest in view of the Amendment Act,
i.e., Act 68 of 1984 which was of allowed, On revision the High Court by the
impugned order dated 13th May, 1987, dismissed the same. Thus, appeal by
now well settled legal position in law that under the Requisitioning and
Acquisition of Immovable Property Act, there is no provision to pay enhanced solatium
and interest; and Amendment Act, I.e. Act 68 of 1984 has no application. It is
also well settled legal position that the grant of solatium and interest is an
integral part of the process of determination of compensation. The District
Court has no jurisdiction to amend the award and to grant Sections 151 and 152
of the Code of Civil Procedure. It is a case of inherent lack of jurisdiction.
The High Court, therefore, has committed manifest error of jurisdiction in not
removing the error committed by the Tribunal.
the circumstances the appeals are allowed to the extent of grant of grant of
enhanced solatium and interest, but in the circumstances, without costs.