RAMESH SINGH (DIED) BY L.RS. AND ORS.

STATE OF HARYANA AND ORS.

JANUARY 15, 1996

. [K. RAMASWAMY AND G.B. PATTANAIK, JJ.]

Land Acquisition Act, 1894 :

Sections 11, 18, 26, 28-A, 54--Power to amend decree or award compensation and statutory benefits-Execution court devoid of jurisdiction--One clai1nant getting higher conzpensation-Other claim.ants do not automatically get the same compensation unless the remedies provided under the Act are availed of--Principle of equality not violated-Constitution of India, Art. 14.

CIVIL APPELLATE JURISDICTION : Special Leave Petition (C) No.

D 3469196.

From the Judgment and Order dated 2.9.93 of the Punjab and Haryana High Court in Civil Rev. No. 2248/92.

Ms. Aparna Rohtagi and K.B. Rohtagi for the Petitioners.

The following Order of the Court was delivered :

Notification under Section 4 of Land Acquisition Act (I of 1894) (for short, 'the Act') was published on August 2, 1973 acquiring the lands situated in Etmadpur Village for public purpose. The Collector awarded compensation under Section 11 by his award dated February 19, 1974. Dissatisfied therewith, Ramesh Singh and Hari Singh filed application under Section 18 which was duly referred by the Collector to the Civil Court. The Addi. District Judge, Gurgaon dismissed the reference petition on May 3, 1978. Ruma! Singh, one of the claimants equally sought a separate reference in respect of his claim.

Thereon, the Addi. District Judge, Gurgaon enhanced the compensation. The Legal Representatives of Ramesh Singh, the petitioners and Hari Singh filed an application to implead themselves in the reference of Ruma! Singh which was also dismissed by the District Judge on May !, 1986. The petitioners allege that they challenged the order in a revision said to have been filed on November 3, 1986 and is stated to be pending decision in the High Court.

H However, we are not concerned with the same.

...

RAMESH SINGH (DIED) BY LRS. v. STATE 485

When Ruma! Singh filed execution application to enforce his award made under Section 26, the petitioners filed an application in the execution Court to award the same compensation on par with Ruma! Singh and the Addi.

District Judge, Gurgaon, by his order dated April 8, 1992 allowed the application and enhanced the compensation as awarded to Ruma! Singh. The State filed the Revision No. 2248 of 1992 and by the impugned order dated September 2, 1993, the learned single Judge allowed the revision and set aside the order of the District Judge. Thus this special leave petition.

Shri Rohtagi, learned counsel for the petitioners contended that the petitioners have a joint interest in the lands acquired admeasuring 20 kanals 4 marlas and, therefore, being co-owners, they are entitled to the same compensation as was awarded to Ruma! Singh. The execution Court, therefore, has rightly granted the enhanced compensation to the petitioners. The High Court was not right in its revisionaljurisdiction under Section 115, C.P.C. to interfere with and set aside the order. There is manifest error of jurisdiction committed by the High Court. We find no force in the contention. Jn view of

the narration of the fact, it is clear that Ramesh Singh and Hari Singh D dissatisfied with the award made by the Collector under Section 11 had sought reference under Section 18 which was duly made to the Civil Court. The District Judge dismissed the reference. Ruma! Singh equally sought reference and he had the compensation enhanced in the award and decree dated May

I, 1986 under Section 26. The only remedy to the petitioners and Hari Singh E is to have corrected the illegality in the order of reference under Section 18.

It does not appear to have been availed of. The remedy under Section 28A is not available to the petitioners since they have availed of the remedy under Section 18.

The question then is : whether the execution Court which passed the p award in the case of Ruma! Singh had jurisdiction to implead the non-parties to the award and make the award in their favour. It is settled law that execution Court cannot go behind the award and decree. It has jurisdiction only to execute the decree made under Section 26 and in case of an appeal, under Section 54 and further appeal under Art. 136 of the Constitution to this Court as may be modified in the appellate decree which ultimately would be the executable decree. Besides the decree, the execution Court is devoid of jurisdiction and power to go behind the decree either to implead third parties to it who are not persons claiming right, title and interest in the decree through

the decree-holder nor does it have power to pass an independent award and decree under Section 26 in favour of the third parties. The civil Court gets H

SUPREME COURT REPORTS

[1996] 1 S:C.R.

A jurisdiction to award compensation higher than the compensation made under Section 11 in respect of the acquired land only on reference under Section 18.

It is not an ordinary Civil Court under Section 9 of the Civil Procedure Code but a Court constituted for the purpose of deciding the compensation for the acquired land under the Act on reference to an established Court. Under the

Act even a Special Judge could award compensation on reference under Section 18. The execution Court cannot even amend the decree of interparties. The only remedy for the inter-par.ties would be to have the decree, as engrafted under Section 26, or modified or affirmed in appeal either under Section 54 or under Article 136 of the Constitution, as the case may be. The execution Court, therefore, is devoid of jurisdiction and power to amend the decree or to award compensation and statutory benefits to the petitioners. The order is a nullity. The High Court, therefore, has rightly corrected obvious and palpable error of jurisdiction committed by the Addi. District Judge, Gurgaon, i.e., execution Court in awarding compensation and statutory benefit Section.

It is argued by Shri Rohtagi that the petitioners being co-owners, they D are entitled to compensation on parity with other co-owners and the denial thereof is violative of Art. 14. We find no force in the contention. Having laid independent claims and sought reference under Section 18, the right and remedy are only as provided under Section 18 or on an appeal under Section 54 but not by way of getting impleaded on the premise of a co-owner. Merely E because one of the claimants had got higher compensation, others do not automatically get the same compensation unless the remedies, as provided under the Act, are availed of. One of the remedies under the Act is Section 28A; if it is available according to law. Determination of.higher compensation in favour of some claimants or so-called co-owners and denial thereof to other

F claimants is not violative of Al1icle 14 of the Constitution. The subject matter having been regulated under the provisions of the Act, the right and remedy for higher compensation should be sought and had only \lnder the Act. The principle of equality of Art. 14 cannot be extended in that behalf.

The S.L.P. is accordingly dismissed.

G.N.

Petition dismissed.