Case Note & Summary
The petitioners, Mudalagirigowda and K V Suresha, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 06.02.2013 passed by the Senior Civil Judge and JMFC, Gubbi, dismissing their application under Section 152 of the Code of Civil Procedure, 1908 (CPC) in LAC No. 491/2006. The petitioners' father was the owner of land bearing Sy.No.199/1 measuring 30 guntas in Kodigenahalli, Kasaba Hobli, Gubbi Taluk, which was acquired for the formation of Hemavathy Canal. A preliminary notification was issued on 14.02.2002, followed by a final notification on 05.03.2003. The Special Land Acquisition Officer passed an award determining compensation. The father sought a reference under Section 18(1) of the Land Acquisition Act, 1894 for enhancement of compensation, which was registered as LAC No. 491/2006. The reference court enhanced the compensation by judgment and award dated 19.10.2012 (Annexure-B). The petitioners then filed an application under Section 152 CPC seeking correction of the award, contending that possession of the land was taken on 03.04.1998, and therefore they were entitled to interest from that date, whereas the award granted interest only from the date of preliminary notification (14.02.2002). The trial court dismissed the application by order dated 06.02.2013 (Annexure-D). The petitioners challenged this order in the writ petition. The High Court considered the submissions. The petitioners' counsel argued that since possession was taken on 03.04.1998, interest should be paid from that date. The respondent's counsel argued that the petitioners were not entitled to interest from the alleged date of possession. The High Court held that the petitioners were entitled to interest from the date of taking possession, i.e., 03.04.1998, and not from the date of preliminary notification. The court found that the trial court had erred in dismissing the application under Section 152 CPC. Accordingly, the writ petition was allowed, the impugned order dated 06.02.2013 was quashed, and the trial court was directed to correct the award by granting interest from 03.04.1998.
Headnote
A) Land Acquisition - Interest on Compensation - Date of Possession - Section 34, Land Acquisition Act, 1894 - The court held that interest on compensation is payable from the date of taking possession of the land, not from the date of preliminary notification. The trial court's award granting interest from the preliminary notification date was erroneous as possession was taken earlier. The application under Section 152 CPC for correction of the award to reflect the correct date of possession was wrongly dismissed. (Paras 1-4) B) Civil Procedure - Correction of Clerical Mistakes - Section 152, Code of Civil Procedure, 1908 - The court held that an application under Section 152 CPC is maintainable to correct a clerical or arithmetical mistake in the award, such as the date from which interest is calculated. The trial court's dismissal of the application was set aside, and the award was directed to be corrected to grant interest from the date of possession. (Paras 2-4)
Issue of Consideration
Whether the petitioners are entitled to interest on enhanced compensation from the date of taking possession (03.04.1998) instead of from the date of preliminary notification (14.02.2002), and whether the trial court erred in dismissing the application under Section 152 CPC for correction of the award.
Final Decision
The writ petition is allowed. The impugned order dated 06.02.2013 passed by the Senior Civil Judge and JMFC, Gubbi, in LAC No. 491/2006 is quashed. The trial court is directed to correct the award by granting interest from the date of taking possession, i.e., 03.04.1998.
Law Points
- Section 152 CPC allows correction of clerical or arithmetical mistakes in judgments
- decrees or orders
- Interest under Section 34 of the Land Acquisition Act
- 1894 is payable from the date of taking possession
- not from the date of preliminary notification
- The court can correct an award to reflect the correct date of possession for interest calculation.
