Case Note & Summary
The review petition was filed by the Special Land Acquisition Officer and the Karnataka Industrial Area Development Board (KIADB) seeking review of an order dated 24.01.2019 passed in WP Nos.51524-51525/2017. The original writ petition was disposed of with a direction to the Special Land Acquisition Officer to refund/remit back the amount of compensation to KIADB as would cover the claim of the petitioners. The review petitioners contended that in light of subsequent developments, they should be directed to make a reference under Sections 30 and 31 of the Land Acquisition Act, 1894. The court, after hearing the parties, observed that the review jurisdiction is limited to correcting errors apparent on the face of the record and cannot be used to re-argue the case on merits. The petitioners failed to point out any such error. The court noted that the review petition essentially sought a re-argument on the merits of the case, which is not permissible. Consequently, the review petition was dismissed. The court also noted that the original order was passed after considering all relevant aspects and no ground for review was made out.
Headnote
A) Civil Procedure - Review - Error Apparent on Record - Section 114, Order 47 Rule 1 CPC - The review petition sought review of an order directing refund of compensation to KIADB. The court held that review is not an appeal in disguise and cannot be used to re-argue the case on merits. The petitioners failed to point out any error apparent on the face of the record. (Paras 1-3) B) Land Acquisition - Compensation - Refund - The original writ petition was disposed with a direction to the Special Land Acquisition Officer to refund compensation to KIADB. The review petitioners sought clarification that they be directed to make a reference under Sections 30 and 31 of the Land Acquisition Act, 1894. The court found no error in the original order and dismissed the review. (Paras 1-3)
Issue of Consideration
Whether the order dated 24.01.2019 in WP Nos.51524-51525/2017 suffers from an error apparent on the face of the record warranting review under Section 114 r/w Order 47 Rule 1 CPC.
Final Decision
Review Petition No.546 of 2019 is dismissed. No order as to costs.
Law Points
- Review jurisdiction is limited to errors apparent on the face of the record
- not re-argument of the case on merits
- Section 114 CPC
- Order 47 Rule 1 CPC
