UNION OF INDIA Vs. KARAM SINGH

JUDGEMENT

(1.) Delay condoned. Substitution ordered.

(2.) However, on January 2, 1987 the respondents filed an application under Section 151 and 152 of the Code of Civil Procedure before the District Judge for direction to grant enhanced solatium and interest in view of the Amendment Act, i.e., Act 68 of 1984 which was allowed. On revision the High Court by the impugned order dated 13th May, 1987, dismissed the same. Thus, this appeal by special leave.

(3.) It is now well settled legal position in law that under the Requisitioning and Acquisition of Immovable Property Act, there is no provision to pay enhanced solatium and interest; and Amendment Act, i.e. Act 68 of 1984 has no application. It is also well settled legal position that the grant of solatium and interest is an integral part of the process of determination of compensation. The District Court has no jurisdiction to amend the award and to grant solatium and interest exercising the power under Sections 151 and 152 of the Code of Civil Procedure. It is a case of inherent lack of jurisdiction. The High Court, therefore, has committed manifest error of jurisdiction in not removing the error committed by the Tribunal.