Case Note & Summary
The dispute arose from a land acquisition notification issued by the Government of Haryana on May 2, 1973, under the Land Acquisition Act, 1894, for residential and commercial development in Karnal. The Land Acquisition Collector fixed the market value of the acquired land at Rs. 270 per Biswa, which the respondents contested, leading to a reference under Section 18 of the Act. The reference court enhanced the compensation to Rs. 22 per square yard and awarded solatium and interest. The State of Haryana appealed against this decision, which was upheld by the High Court. Subsequently, the respondents sought benefits under the amended provisions of the Act, which the High Court granted, leading to the State's appeal. The Supreme Court analyzed the jurisdiction of the High Court to entertain applications under Sections 151 and 152 of the Civil Procedure Code to amend a final decree. It concluded that the High Court acted without jurisdiction, as the decree had become final and could not be altered by independent applications. The court referenced previous judgments to reinforce that a decree once finalized cannot be amended for enhanced statutory benefits. Consequently, the Supreme Court allowed the State's appeal, set aside the High Court's order, and dismissed the execution petition filed by the respondents.
Headnote
A) Land Acquisition - Jurisdiction of High Court - Nullity of Decree - Land Acquisition Act, 1894, Sections 23(1-A), 23(2) - High Court's decree granting benefits under amended provisions was held to be without jurisdiction and a nullity, as the decree had become final and could not be amended by independent applications under CPC. The court emphasized that a nullity can be challenged at any stage, including in execution proceedings. Held that the execution petition was rightly dismissed (Paras 21-23).
Issue of Consideration
Whether the High Court had jurisdiction to grant benefits under the amended provisions of the Land Acquisition Act after the decree had become final.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order dated April 1, 2003, and dismissed the execution petition filed by the respondents. The parties were directed to bear their own costs.
Law Points
- Land Acquisition
- Jurisdiction
- Amendment Act
- Civil Procedure Code
- Nullity of Decree
