B S RAMASWAMY Vs. LAND ACQUISITION OFFICER SAGAR

JUDGEMENT

(1.) HEARD Sri Mohan Shantangoudar, learned counsel for the petitioner and Sri M. H. Ibrahim, learned counsel for the respondents.

(2.) THIS revision arises from the judgment and order dated 22-12-1993 passed by the learned civil judge, sagar, dismissing the revision petitioner's application for amendment of the judgment and decree by giving the additional benefit.

(3.) THE facts of the case in brief are that, notification under Section 4 of the Land Acquisition Act in this case was issued on 23-7-1979 acquiring the petitioner's land. The land acquisition officer gave his award on 7-8-1985. An application for reference under Section 18 was made and the matter was referred to the civil court under Section 18 of the Land Acquisition Act. The learned civil judge, sagar, passed an award under Section 18 read with Section 23 on 17-3-1992. As per the original award, the petitioner has not been given the benefit of the Provisions of Section 23 (1-a ). The petitioner filed an application for the modification of the judgment and award for the petitioner being given an additional amount at the rate of 12% of the compensation amount. He prayed for amendment of the judgment and award. The learned civil judge opined that in this case, the possession of the land had been taken from the revision petitioner prior to issuance of notification under Section 4 (1) of the act. That as possession has been taken earlier to the issuance of notification under Section 4 (1) of the Land Acquisition Act, by the land acquisition officer and the petitioner had been dispossessed from the land prior to issuance of notification under Section 4 (1), hence, there is no question of awarding any additional benefit of 12% under sub-section (1-a) of Section 23. The application for review was also rejected on this ground that the reference court in its judgment vide para 7 discussed the matter at very length. The court below observed that the petitioner did not file the revision petition against the award of the reference court and the petitioner is trying to get the decree and award amended by filing the application under sections 151, 152 and 153 of the CPC which cannot be allowed. Feeling aggrieved from the judgment and award of the learned civil judge, sagar, dated 22-12-1993, the present revision petitioner has filed this petition under Section 115 of the CPC.