Case Note & Summary
The present writ petition was filed by the Administrator, Nashik, City and Industrial Development Corporation of Maharashtra Ltd. (CIDCO) challenging the order dated 29.08.2022 passed by the learned District Court in an application seeking review of the order dated 04.08.2011 passed in Land Reference Darkhast No.203 of 1995. The review application was filed by the decree holders (80 in number) against the judgment debtors (petitioner). The District Court allowed the review, modifying the earlier order. The petitioner contended that the review was not maintainable as there was no error apparent on the face of the record. The High Court, after hearing both sides, held that the District Court had correctly found that earlier judgments of the High Court were not considered while passing the original order, which constituted an error apparent on the face of the record. The High Court dismissed the writ petition, finding no perversity or illegality in the impugned order.
Headnote
A) Civil Procedure - Review - Error Apparent on Face of Record - Order 47 Rule 1, Code of Civil Procedure, 1908 - The court considered whether the review application was maintainable and whether there was an error apparent on the face of the record. The District Court had allowed review on the ground that earlier judgments of the High Court were not considered while passing the original order. The High Court held that non-consideration of relevant judgments constitutes an error apparent on the face of the record, and the review was maintainable. (Paras 1-15) B) Land Acquisition - Reference - Enhancement of Compensation - Land Acquisition Act, 1894 - The dispute pertained to a reference under the Land Acquisition Act for determination of compensation. The original order dated 04.08.2011 was passed without considering earlier judgments of the High Court in similar matters. The review was allowed to correct this error. The High Court upheld the review order, finding no perversity or illegality. (Paras 2-15)
Issue of Consideration
Whether the learned District Court erred in allowing the review application and modifying the earlier order dated 04.08.2011, and whether the review was maintainable under Order 47 Rule 1 of the Code of Civil Procedure, 1908.
Final Decision
The High Court dismissed the writ petition, upholding the order of the District Court allowing the review.
Law Points
- Review jurisdiction
- Error apparent on face of record
- Maintainability of review
- Order 47 Rule 1 CPC
- Land Acquisition Act
- 1894
