NARESH KUMAR Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The short question involved in these appeals are, as to whether under the Land Acquisition Act, 1894 (for short 'the Act'), after the passing of the Award under Section 11 of the Act, the Award could be reviewed under any of the provisions of the Act, specially under Section 13A of the Act.

(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.

(3.) 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.