State
of Haryana Vs. Smt. Kamala & Ors [1996] INSC
625 (30 April 1996)
K. Ramaswamy,
G.B. Pattanaik
ACT:
HEAD NOTE:
THE
30TH DAY OF APRIL, 1996 Present:
Hon'ble
Mr. Justice K.Ramaswamy Hon'ble Mr.Justice G.B.Pattanaik Ms. Kavita Walia and Ashok
K.Mahajan, Advs. for the Respondents.
O R D
E R
The
following Order of the Court was delivered:
Leave
granted
Heard
learned counsel for both sides.
This
appeal by special leave arises against the judgment and order of the High Court
of Punjab & Haryana in Civil Revision No. 3319 of 1992 dated January 21, 1993.
A
notification under Section 4(1) of the Land Acquisition Act, 1894 (Act 1 of
1894) (hereinafter referred to as the 'Act') was published on November 4, 1997. The Land Acquisition Collector in
his award made under Section 11 of the act on October 28, 1981 awarded compensation at the rate of Rs. 30,000/- per acre.
Dissatisfied therewith, the respondents filed application under Section 18 of
the act. The Additional District Judge by his ward and decree dated April 6, 1985 awarded compensation at the rate of
Rs.18/- per square yard. The respondents levied execution regarding recovery of
the amount on October
12, 1992. The District
Judge by his order dated July 18, 1992 awarded additional amount under Section
23(1-A) of the Act and also enhanced the interest under Section 28 of the Act
at the rate of 9 per cent per annum for the first year and 15 per cent per
annum thereafter till the date of realisation. The appellant carried the matter
in revision but the High Court dismissed the revision. Thus this appeal by
special leave.
It has
been well-settled legal position that the claimant is not entitled to payment
of additional amount of compensation under section 23(1-A) when the award
proceedings have been concluded long prior to the introduction of the Amendment
Act 68 of 1984. It is settled by catena of decisions of this Court that the
executing Court is devoid of jurisdiction and power to award additional amount
of compensation or to enhance the interest in execution. The Court gets power
and jurisdiction on reference when it enhances compensation or on appeal under
Section 54 enhances the compensation to award additional amount of compensation
under Section 23(1-A) or solatium at 30% under Section 23(2) or interest under
Section 28 under Amendment Act 68 of 1984. The executing Court, therefore, travelled
beyond its jurisdiction to award additional amount under Section 23(1-A) and
also interest under Section 28 of the Act. The High Court was, therefore, in
clear error in dismissing the civil revision. The amended decree of the
execution Court stands set aside.
The
appeal is accordingly allowed. No costs.
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