Case: NARESH KUMAR Vs. GOVT.OF NCT OF DELHI

2. Brief facts of this case, relevant for the purpose of the present appeals are, that land of the appellants was sought to be acquired by a notification dated 23.05.2002 issued under Section 4 of the Act, followed by a declaration under Section 6 of the Act issued on 17.12.2002. An Award bearing no.16/03-04 dated 01.10.2003 was passed by the Land Acquisition Collector awarding compensation of Rs.1,97,08,397/- in favour of the appellants, out of which, an amount of Rs.1,87,10,194/- was paid to the appellants and the balance amount of Rs.9,98,203/-, along with interest, still remains to be paid.Then on 14.07.2004, a Review Award was passed by the Land Acquisition Collector, reducing the amount of compensation by Rs.49,39,195/- on the ground that the compensation ought not to have been awarded in respect of alleged illegal structures on the land, which had wrongly been awarded by the Award dated 01.10.2003. Such amount was thus deducted by the Review Award. The appellants were unaware of the said Review Award having been passed and, in the meantime, a Supplementary Award dated 27.10.2004 was passed in favour of the appellants for an amount of Rs.45,36,781.64 paise towards compensation for the trees on the land which was acquired.The appellants then filed Writ Petition (C) No.2185 of 2008 praying for release of the compensation in respect of the Supplementary Award dated 27.10.2004. On having been informed of the passing of the Review Award No.16/03-04 on 14.07.2004, which information was furnished to the appellants in response to an RTI application dated 18.12.2007, the appellants then filed Writ Petition (C) No.381 of 2009 challenging the Review Award dated 14.07.2004. Both the Writ Petitions were heard together and dismissed by a common judgment dated 04.03.2010 passed by the Division Bench of the Delhi High Court, which is under challenge in the present appeals.

Reasoning: A bare reading of the said Section 13A would make it clear that the same is not a provision for Review of the Award but only for correction of clerical or arithmetical mistakes in the Award. It is further provided in the sub-Section (1) of Section 13A that the said correction can be made at any time, but not later than six months from the date of award. In the present case, the Land Acquisition Collector has actually not made any correction of clerical or arithmetical mistake, but has in fact reviewed the Award dated 01.10.2003 by its Review Award no.16/03-04 dated 14.07.2004, which was also clearly passed beyond such period of six months.In our considered view, the Review Award could not have been passed under Section 13A of the Act, which is meant only for correction of any clerical or arithmetical mistake. There is no other provision in the Act under which the said order dated 14.07.2004 could have been passed.In the present case, the compensation for the structure on the land has been deducted from the Award dated 01.10.2003 by the Review Award dated 14.07.2004 on the ground of the same being illegal structure, which actually amounts to Review of the Award and cannot be said to be a correction of any clerical or arithmetical mistake. The question whether the structure on the land of the appellants was legal or illegal could only be decided after the parties were given opportunity to adduce evidence, which correction cannot be termed as correction of any clerical or arithmetical mistake. There being no provision under the Land Acquisition Act, 1894 for review of the Award, the passing of the order dated 14.07.2004 in Review Award no.16/03-04 cannot be justified in law.Section 12 of the Act clearly provides that the Award of the Collector shall become final on the same being filed in the Collector?s office, of which the Collector shall give immediate notice to the persons interested. From the facts of this case, it is clear that the Award dated 01.10.2003, of which due notice had been given to the appellants and part compensation had also been paid to the appellants in pursuance thereto, had become final and the same could not have been reviewed, and that too beyond a period of six months, within which period only clerical or arithmetical mistakes could have been corrected.It is settled law that the power of Review can be exercised only when the statute provides for the same. In the absence of any such provision in the concerned statute, such power of Review cannot be exercised by the authority concerned.