Case Note & Summary
This judgment concerns a civil revision application filed by the applicants (landowners) seeking correction of a typographical mistake in the award passed in Land Acquisition Case No. 43/86. The mistake pertained to the date of the notification under Section 4 of the Land Acquisition Act, 1894. In the award, the date was inadvertently typed as 26/3/1981, whereas the correct date as per the government gazette notification was 26/4/1979. The applicants sought to have the award corrected to reflect the true date. The court, after perusing the gazette notification and other relevant records, found no doubt that a typographical error had occurred. Consequently, the court allowed the application and directed that the award be suitably corrected by substituting the date 26/4/1979 for the erroneously mentioned date 26/3/1981. The application was disposed of with no order as to costs.
Headnote
A) Land Acquisition - Correction of Typographical Error - Section 4 Notification Date - Land Acquisition Act, 1894, Section 4 - The court allowed an application to correct a typographical mistake in the award where the date of the Section 4 notification was inadvertently typed as 26/3/1981 instead of the correct date 26/4/1979, as per the government gazette notification. Held that such clerical errors can be corrected to reflect the true record (Paras 3-5).
Issue of Consideration
Whether a typographical mistake in the date of Section 4 notification in a land acquisition award can be corrected.
Final Decision
Application allowed. The award to be corrected by substituting the date of Section 4 notification as 26/4/1979, deleting the date 26/3/1981. No order as to costs.
Law Points
- Typographical error correction
- Land Acquisition Act
- Section 4 notification date
- Inherent power to correct clerical mistakes
Case Details
2006 LawText (BOM) (11) 88
CIVIL REVISION APPLICATION NO. 22 OF 2006
Shri V.K. Bodke for Applicants, Ms. R. Chodankar for Respondents No. 1&2, Shri A.D. Bhobe for Respondents No. 3&4
Shri Jose Luis Coelho Velho, Smt. Loretta Dias Velho, Shri Oswaldo Jose Coelho Velho
Land Acquisition Officer, Director of Agriculture, Shri Jose Virgilio Joaquim Coelho Velho, Mrs. Maria Veronica Aliana Dias Velho
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Nature of Litigation
Application for correction of typographical mistake in a land acquisition award.
Remedy Sought
Correction of the date of Section 4 notification in the award from 26/3/1981 to 26/4/1979.
Filing Reason
Typographical error in the award regarding the date of notification under Section 4 of the Land Acquisition Act.
Previous Decisions
Award passed in Land Acquisition Case No. 43/86.
Issues
Whether a typographical mistake in the date of Section 4 notification in a land acquisition award can be corrected.
Submissions/Arguments
Applicants argued that the date of Section 4 notification was incorrectly typed as 26/3/1981 instead of 26/4/1979, as per the government gazette.
Ratio Decidendi
A typographical mistake in a judicial order or award can be corrected to reflect the true record, especially when supported by documentary evidence such as the government gazette notification.
Judgment Excerpts
The correction sought to be made in the award is to the effect that the notification under Section 4 of the Land Acquisition Act was in fact issued on 26/4/1979, however, inadvertently it is typed as 26/3/1981.
I have perused the Government gazetted notification which is annexed to the application. I have also perused other relevant records and there is no doubt whatsoever that such typographical mistake has occurred and hence, the application is made absolute in terms of prayer clause (a).
Procedural History
The applicants filed Civil Revision Application No. 22 of 2006 before the High Court of Bombay at Goa seeking correction of a typographical error in the award passed in Land Acquisition Case No. 43/86. The court heard both sides and disposed of the application on 6th November 2006.
Acts & Sections
- Land Acquisition Act, 1894: Section 4
