Case Note & Summary
The Supreme Court heard an appeal by special leave against a judgment of the Punjab and Haryana High Court dated November 26, 1987, which had allowed an application under Sections 151 and 152 of the Code of Civil Procedure, 1908 to amend a decree in a land acquisition case. The dispute arose from the acquisition of 267.2675 acres of land in village Bhatotarwan for defence purposes under a notification dated December 2, 1977 issued under Section 4 of the Land Acquisition Act, 1894. The Land Acquisition Collector made an award on October 23, 1979, which was enhanced by the District Judge-arbitrator on February 7, 1981, including Rs. 700 per acre for loss of livelihood. Both the State and the respondent filed writ petitions in the High Court, which by judgment dated March 15, 1982 enhanced compensation to Rs. 11,000 and Rs. 10,000 per acre respectively. The respondent's regular first appeal No. 1209 of 1981 was disposed of on November 5, 1982, making the decree final. In 1986, the respondent filed an application under Sections 151 and 152 CPC before the High Court seeking amendment of the decree to award 30% solatium, 9% interest for the first year and 15% interest thereafter till the date of deposit, relying on Section 23(2) and the proviso to Section 28 of the Land Acquisition Act as amended by the Land Acquisition (Amendment) Act, 68 of 1984. The High Court allowed this application. The Supreme Court, relying on its earlier decisions in State of Maharashtra v. Maharau Sravan Hetkar and Union of India v. Pratap Kaur, held that once a civil court award had become final under the law then in force, there was no error of law as on that date, and a subsequent amendment did not confer power to amend the decree under Sections 151 and 152 CPC. The Court emphasised that the civil court lacked inherent jurisdiction and was devoid of power to entertain an application to award additional benefits under the Amendment Act 68 of 1984. The High Court's decree was therefore without jurisdiction and a nullity. The appeal was allowed, and no costs were awarded.
Headnote
A) Civil Procedure - Inherent Powers - Amendment of Decree - Code of Civil Procedure, 1908, Sections 151, 152 - The High Court allowed an application filed under Sections 151 and 152 CPC in 1986 to amend a decree that had become final on November 5, 1982, seeking to award enhanced solatium and interest under the Land Acquisition (Amendment) Act, 68 of 1984 - Held that once a civil court makes an award as per the law then in force and the award becomes final, a subsequent amendment does not give power to the court to amend the decree under Sections 151 and 152 CPC; the civil court lacks inherent jurisdiction to entertain such an application, and the decree passed by the High Court is without jurisdiction and a nullity (Paras Not mentioned).
B) Land Acquisition - Additional Benefits - Applicability of Amendment Act - Land Acquisition Act, 1894, Sections 23(2), 28, 13(A); Land Acquisition (Amendment) Act, 1984 (Act 68 of 1984) - The respondent sought amendment of the decree to award 30% solatium, 9% interest for the first year and 15% interest thereafter, claiming entitlement under the amended provisions of Sections 23(2) and 28 of the Land Acquisition Act - Held that the amendment act did not revive or reopen final awards; Sections 151 and 152 CPC cannot be invoked to award additional benefits under the Amendment Act 68 of 1984, and the High Court was devoid of jurisdiction to order such benefits (Paras Not mentioned).
Issue of Consideration
Whether the High Court had jurisdiction under Sections 151 and 152 of the Code of Civil Procedure, 1908 to amend a decree that had become final, in order to award additional benefits (30% solatium, 9% interest for the first year and 15% interest thereafter) under Sections 23(2) and 28 of the Land Acquisition Act, 1894 as amended by the Land Acquisition (Amendment) Act, 68 of 1984.
Final Decision
The appeal was allowed. The High Court's order dated November 26, 1987, allowing the application under Sections 151 and 152 CPC, was set aside as without jurisdiction and a nullity. No costs were awarded.
Law Points
- Once a civil court award becomes final
- a subsequent amendment to the Land Acquisition Act does not confer power to amend the decree under Sections 151 and 152 CPC
- the civil court lacks inherent jurisdiction to award additional benefits under the Land Acquisition (Amendment) Act
- 1984
- no arithmetical or clerical error is required for the exercise of such power
- Sections 151 and 152 CPC cannot be invoked to grant enhanced solatium and interest after the award has attained finality
Case Details
1995 LawText (SC) (08) 36
K. Ramaswamy, B.L. Hansaria
1996 AIR 206, 1995 SCC (5) 585, JT 1995 (7) 655, 1995 SCALE (5)178
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Nature of Litigation
Appeal by special leave against High Court order allowing application under Sections 151 and 152 CPC to amend a final land acquisition decree to grant additional statutory benefits under the Land Acquisition (Amendment) Act, 68 of 1984.
Remedy Sought
The respondent (landowner) sought amendment of the decree to award 30% solatium, 9% interest for the first year and 15% interest thereafter till the date of deposit, under Section 23(2) and the proviso to Section 28 of the Land Acquisition Act, 1894 as amended by Act 68 of 1984.
Filing Reason
After the Land Acquisition (Amendment) Act, 68 of 1984 came into force, the respondent filed an application in 1986 before the High Court under Sections 151 and 152 CPC, claiming additional benefits that had become available under the amended provisions, despite the decree having become final on November 5, 1982.
Previous Decisions
Land Acquisition Collector made award on October 23, 1979; District Judge-arbitrator enhanced compensation and awarded Rs. 700 per acre for loss of livelihood on February 7, 1981; High Court by judgment dated March 15, 1982 enhanced compensation to Rs. 11,000 and Rs. 10,000 per acre respectively; regular first appeal No. 1209 of 1981 disposed of on November 5, 1982; High Court allowed amendment application on November 26, 1987.
Issues
Whether the High Court had power under Sections 151 and 152 of the Code of Civil Procedure, 1908 to amend a decree that had become final, to award additional benefits under the Land Acquisition (Amendment) Act, 68 of 1984.
Whether a subsequent amendment to the Land Acquisition Act can confer jurisdiction on a civil court to reopen a final award and grant enhanced solatium and interest.
Submissions/Arguments
The respondent contended that under Section 23(2) and the proviso to Section 28 of the Land Acquisition Act, 1894 as amended by Act 68 of 1984, they were entitled to 30% solatium, 9% interest for the first year and 15% interest thereafter, and sought amendment of the decree under Sections 151 and 152 CPC.
The appellant argued that once the award had become final, the High Court lacked jurisdiction to amend the decree, there being no clerical or arithmetical error, and Sections 151 and 152 CPC could not be invoked to grant additional benefits under the subsequent amendment.
Ratio Decidendi
Once a civil court makes an award under the Land Acquisition Act, 1894 as per the law then in force and that award becomes final, there is no error of law as on that date. A subsequent amendment to the Act does not give the court power to amend the decree under Sections 151 and 152 of the Code of Civil Procedure, 1908. The civil court lacks inherent jurisdiction and is devoid of power to entertain an application to award additional benefits under the Land Acquisition (Amendment) Act, 68 of 1984. The exercise of such power is independent of the reference, and after the award becomes final, the civil court ceases to have any power to alter or correct the award, unless there is an arithmetical or clerical error.
Judgment Excerpts
The point is no longer res integra. This Court has considered the scope of the power of the High Court under Ss. 151 and 152, CPC and also under S.13(A) of the Act. This Court has held that once civil court made an award as per law then in force which became final and that there is no error of law as on that date. Subsequent amendment does not give power to the court to amend the decree under Ss. 151 and 152, CPC.
It would, therefore be clear that the claimant was not entitled to the additional benefits and Sections 151 and 152, CPC cannot be invoked to award the additional benefits under the Amendment Act 68 of 1984. The High Court, therefore, has no power to amend the decree to award enhanced statutory benefits. The decree passed by the High Court is clearly without jurisdiction and annaullity.
Procedural History
Notification under Section 4 of the Land Acquisition Act, 1894 issued on December 2, 1977, acquiring 267.2675 acres in village Bhatotarwan for defence purposes. Land Acquisition Collector made award on October 23, 1979. District Judge-arbitrator enhanced compensation and awarded Rs. 700 per acre for loss of livelihood on February 7, 1981. Both State and respondent filed writ petitions in High Court; by judgment dated March 15, 1982, compensation enhanced to Rs. 11,000 and Rs. 10,000 per acre respectively. Respondent's Regular First Appeal No. 1209 of 1981 disposed of on November 5, 1982. In 1986, respondent filed application under Sections 151 and 152 CPC before High Court for amendment of decree to award additional benefits under Amendment Act 68 of 1984. High Court allowed application on November 26, 1987. Union of India filed appeal by special leave to Supreme Court.
Acts & Sections
- Land Acquisition Act, 1894: 4, 23(2), 28, 13(A)
- Code of Civil Procedure, 1908 (CPC): 151, 152
- Land Acquisition (Amendment) Act, 1984 (Act 68 of 1984):
