IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 CRP.NO. 374 OF 2010() --------------------------------- AGAINST THE ORDER DATED 25/03/2010 IN IA.9065/2009 IN LAR.43/1993 OF II ADDL.SUB COURT,THRISSUR REVN. PETITIONER(S): RESPONDENTS 1 TO 4/CLAIMANTS: ------------------------------------------------------------------------------------ 1. VASUDEVAN BHATTATHIRIPAD, S/O.NARAYANAN BHATTAATHIRIPAD, NEMINI MANA, P.O.NENMINI. 2. MAHESWARAN BHATTATHIRIPAD, S/O.NARAYANAN BHATTATHIRIPAD, NEMINI MANA, P.O.NENMINI. 3. RAMAN BHATTATHIRIPAD, S/O.NARAYANAN BHATTATHIRIPAD, NEMINI MANA, P.O.NENMINI. 4. KRISHNAN BHATTATHIRIPAD, S/O.NARAYANAN BHATTATHIRIPAD, NEMINI MANA, P.O.NENMINI. BY ADV. SRI.THIYYANNOOR RAMAKRISHNAN SRI.ARUN KUMAR.P SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): ----------------------- 1. DEPUTY CHIEF ENGINEER (CONSTRUCTION) SOUTHERN RAILWAY, ERNAKULAM. 2. SPL.TAHSILDAR (L.A.) RAILWAYS NO.II, THRISSUR, REP.BYDISTRICT COLLECTOR, THRISSUR. GOVERNMENT PLEADER SHRI JAYASURYA THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== C.R.P. NO.374 of 2010 ==================================== Dated this the 12th day of October, 2010 O R D E R This revision is in challenge of order dated March 25, 2010 on I.A. No.9065 of 2005 in L.A.R. No.43 of 1993 of the court of learned Additional Sub Judge-II, Thrissur. Learned Sub Judge has awarded enhanced land value for land belonging to the petitioners (altogether six items in various survey sub-divisions total extent being 13.87 Ares). Reference court in paragraph 18 of its order found that petitioners are entitled to get enhanced land value at the rate of Rs.13,557/- per Are for the said 13.87 Ares which came to Rs.1,88,035.59 and that a sum of Rs.1,13,002.40 awarded by the Land Acquisition Officer has to be deducted from the said amount. Compensation for injurious affection, Solatium and interest have also been awarded by the reference court. After a few years respondent No.1 filed I.A. No.9065 of 2009 under Section 152 of the Code of Civil Procedure (for short, “the Code”) to amend judgment and decree stating that Land Acquisition Officer has awarded land value at the rate of Rs.9,520/- per Are for C.R.P. No.374 of 2010 -: 2 :- 13.87 Ares and the said amount would come to Rs.1,32,042.40 and that amount is to be deducted from the enhanced land value awarded by the learned Sub Judge. Though that application was opposed, learned Sub Judge has passed the impugned order allowing the application. Hence this revision. Leaned counsel for petitioners contends that the order is illegal and incorrect. According to the learned counsel there is no mistake which could be corrected under Sec.152 of the Code. It is also contended that computation made by respondent No.1 is wrong since the amount of Rs.9,520/- (per Are) awarded by the Land Acquisition Officer is not for the entire 13.87 Ares but different amounts have been awarded for various plots (altogether six plots). 2. Heard. 3. I have been given a copy of the award passed by the reference court on February 4, 2006. In paragraph 18 of the said award learned Sub Judge came to the conclusion that having regard to the facts and circumstances of the case petitioners are entitled to get enhanced land value at the rate of Rs.13,557/- per Are for 13.87 Ares which came to Rs.1,88,035.59 and from that amount, Rs.1,13,002.49 has to be deducted being the amount awarded by the Land Acquisition Officer. Contention raised by C.R.P. No.374 of 2010 -: 3 :- respondent No.1 in I.A. No.9065 of 2009 is that Land Acquisition Officer had awarded land value at the rate of Rs.9.520/- per Are and thus a total sum of Rs.1,32,042.40 is awarded for the 13.87 Ares. Learned counsel has given for my perusal a copy of the award passed by the Land Acquisition Officer. It is seen that for all the six items (altogether, 13.87 Ares) belonging to the petitioners and acquired by the Land Acquisition Officer different amounts have been awarded as land value per Are. For item No.1, what is awarded is Rs.8,183.86 per Are, for item No.2 Rs.1,904/- per Are, for item No.3 for Rs.2,380/- per Are and for item Nos.4 to 6, it is Rs.9,520/- per Are. Hence a calculation as if Land Acquisition Officer has awarded land value for the entire 13.87 Ares at the rate of 9,520/- is not possible. In that view of the matter calculation made by respondent No.1 and the amendment made by the learned Sub Judge accordingly appeared to be not correct. 4. Learned counsel for petitioners has a contention that correction sought for does not come within the scope of Sec.152 of the Code. That contention, I am unable to accept since Sec.152 of the Code takes in amendment of judgment and decree when there is clerical or arithmetical mistake. Mistake in calculation of C.R.P. No.374 of 2010 -: 4 :- the amount is certainly an arithmetical error which could be corrected under Sec.152 of the Code. Learned Sub Judge has to find out the actual amount awarded by the Land Acquisition Officer with reference to award passed by that Officer and after fixing the total amount of land value awarded by the Land Acquisition Officer, shall make appropriate correction if any required in the judgment and decree. Resultantly, this petition is allowed and the impugned order dated March 25, 2010 is set aside. I.A No.9065 of 2009 in LAR No.43 of 1993 is remitted to the court of learned Sub Judge, Thrissur for fresh consideration and decision after hearing both sides in the light of the amount awarded by the Land Acquisition Officer for various items of properties of petitioner acquired. Parties shall appear in the court of learned Additional Sub Judge on 10.11.2010. THOMAS P. JOSEPH, JUDGE. vsv