Singh & Anr Vs. Union of India & Anr  INSC 230
(9 February 1996)
K.Ramaswamy, K.G.B. Pattanaik (J)
1996 SCC (3) 117 JT 1996 (2) 548 1996 SCALE (2)275
O R D
writ petition is filed against the order passed by this Court under Article 136
allowing the appeal and setting aside the order of the High Court and the
arbitrator awarding enhanced solatium and interest under the Land Acquisition
Act, 1894 as amended by Amendment Act 68 of l984 in respect of lands acquired
under Requisition and Acquisition of the Immovable Property Act, 1952. A three-
Judge Bench of this Court had held that the Amendment Act 68 of 1984 or the
Land Acquisition Act, 1894 has no application to the award passed under Section
8 of the Requisition and Acquisition of the Immovable Property Act.
Consequently, the direction and order for the payment of interest and solatium
was held to be without jurisdiction and, therefore, it would be nullity. The
question then is: whether writ petition under Article 32 of the Constitution
would lie? Dealing with the same question in Abdul Rehman Antulay v. Union of
India & Ors. etc. [(1984) 3 SCR 482] this Court had observed thus:
my views the writ petition challenging the validity of the order and judgment
passed by this Court as nullity or otherwise incorrect cannot be entertained. I
wish to make it clear that the dismissal of this writ petition will not
prejudice the right of the petitioner, to approach the Court with an
appropriate review petition or to file any other application which he may be
entitled in law to file".
the above ratio, in Khoday Distilleries Limited & Anr. v. The Registrar
General, Supreme Court of India [W.P (C) No.803 of 1995] decided on December 5, 1995, a three-Judge Bench [to which one
of us, K. Ramaswamy, J. was a member] has held that after the decision of this
Court in M/s. Khoday Distilleries Ltd. & Anr. v. State of Karnataka & Ors. [(1995) 1 SCC 574] writ
petition under Article 32 of the Constitution canvassing the correctness of the
decision of this Court, is not maintainable.
the judgment and order of this Court passed under Article 136 is not amenable
to judicial review under Article 32 of the Constitution.
writ petition is accordingly dismissed.
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