Supreme Court Dismisses Review Petitions Against Compensation Award. Review Jurisdiction Not Established as No Error Apparent on Record Found.

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Case Note & Summary

The Supreme Court of India dealt with multiple Review Petitions concerning compensation awarded by the Reference Court. The petitioners, including Asha Ram, Yasin, and Dinesh Kumar, challenged the compensation rate determined by the Reference Court, which was set at Rs.120/- per square yard. The court had previously concluded that this rate was appropriate and that the market value determined by the High Court was unsustainable based on sale-deeds and judicial orders. Upon reviewing the petitions, the court found that none of the grounds raised indicated any error apparent on the record that would warrant interference in its review jurisdiction. Consequently, all Review Petitions were dismissed, affirming the original compensation decision. The judgment was delivered by Justices Uday Umesh Lalit, Hemant Gupta, and S. Ravindra Bhat on December 8, 2021.

Headnote

A) Review Jurisdiction - Grounds for Review - Error Apparent on Record - Not applicable under the Supreme Court Rules, 2013 - The court found that the grounds raised in the Review Petitions did not demonstrate any error apparent on the record, thus justifying the dismissal of the petitions. Held that the original judgment regarding compensation was upheld (Paras 2).

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Issue of Consideration

Whether the Review Petitions presented any error apparent on the record to justify interference in Review Jurisdiction.

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Final Decision

The Supreme Court dismissed all Review Petitions, affirming the compensation awarded by the Reference Court at Rs.120/- per square yard.

Law Points

  • Review jurisdiction
  • compensation assessment
  • error apparent on record
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Case Details

2021 LawText (SC) (12) 164

Review Petition (Civil) Nos. of 2021

2021-12-08

Uday Umesh Lalit, Hemant Gupta, S. Ravindra Bhat

Asha Ram (D) Thr. LRS & Ors., Yasin (D) Thr. LRS. & Anr., Dinesh Kumar Etc.

U.P Awas Evam Vikash Parishad & Anr.

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Nature of Litigation

Review petitions challenging compensation awarded by the Reference Court.

Remedy Sought

Petitioners sought to overturn the compensation rate determined by the Reference Court.

Filing Reason

Petitioners claimed errors in the original judgment regarding compensation.

Previous Decisions

The Reference Court had awarded compensation at Rs.120/- per square yard, which was upheld by the Supreme Court.

Issues

Whether the Review Petitions presented any error apparent on the record

Submissions/Arguments

Petitioners argued that the compensation rate was incorrect. Respondents maintained that the original judgment was correct and justified.

Ratio Decidendi

The court held that the grounds for review did not establish any error apparent on the record, thus upholding the original compensation decision.

Judgment Excerpts

Applications for permission to file Review Petitions are allowed. None of the ground raised in support of the Review Petitions makes out any error apparent on record to justify interference in Review Jurisdiction.

Procedural History

Multiple Review Petitions were filed against the compensation awarded by the Reference Court, which were subsequently dismissed by the Supreme Court.

Acts & Sections

  • Supreme Court Rules:
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