Full Judgment Text
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PETITIONER:
UNION OF INDIA & ANR.
Vs.
RESPONDENT:
KARAN SINGH & ORS.
DATE OF JUDGMENT: 07/04/1997
BENCH:
K. RAMASWAMY, D.P. WADHWA
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Delay condoned. Substitution ordered.
Leave granted.
We have learned counsel on both sides.
Under 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.
However, 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 special leave.
It is 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.
Under the circumstances the appeals are allowed to the
extent of grant of grant of enhanced solatium and interest,
but in the circumstances, without costs.
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