NARESH KUMAR Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The present two petitions are filed by the petitioners seeking directions for quashing of review award no. 16/03-04 dated 14.07.2004 and for release of balance payment to the petitioners in respect of award no. 16/03-04 dated 01.10.2003 and supplementary award 16-A/04-05 dated 27.10.2004 along with interest and other consequential benefits and to forthwith make the reference filed by the petitioners to the civil court. The case of the petitioners is that petitioner no. 1 and Sh. Manoj Kumar were the owners of land forming part of khasra no. 17 min., 18/1 min., 18/2 min., 19 min. and 20/1 min., in all measuring 12 bighas and 5 biswas. A notification under Section 4 in respect of said land under Land Acquisition Act (hereinafter referred to as "the said Act") was issued on 23.05.2002. The said notification was followed by a declaration under Section 6 along with Section 17(1) of the said Act on 17.12.2002. On 01.10.2003, respondent made an award bearing no. 16/03-04 in favour of petitioners. In October, 2003, 80% of the compensation as ascertained by the respondent i.e. Rs. 1,87,10,194/- was released to the petitioner no. 1 and Sh. Manoj Kumar out of total amount of Rs. 1,97,08,397/-. Balance amount of compensation of Rs. 9,98,203/- along with interest was not paid. Sh. Manoj Kumar expired on 06.09.2005. Petitioners no. 2 and 3 are the legal heirs of Sh. Manoj Kumar. Petitioners made various efforts to get the balance compensation released in their favour but the same was not released.

(2.) Learned counsel for petitioner has contended that action of the respondent in making review award dated 01.10.2003 is illegal and in contravention of provisions of Section 12 of the said Act. It is contended that as soon as the award is pronounced and filed in the Collector's Office, the award becomes final and conclusive between the Collector and person interested. It is further contended that under the said Act, the power of review of the award has not been conferred upon any authority as such review award is illegal being contrary to statute. It is contended that review of the award can be done only under Section 13 A of the Act which permits removal of arithmetical and clerical errors within a period of six months. It is contended that beyond that, nothing can be done by the Collector. It is further contended that what has been done in the present case is not permissible under the law as change has been made on merits and the same are not arithmetical or clerical errors in any manner.

(3.) The stand of respondent is that in the earlier award no. 16/03-04 dated 01.10.2003, compensation was assessed in respect of land and super structure of petitioners at Rs. 1,97,08,397/- out of which petitioners have already received Rs. 1,87,13,782/-. The said award included compensation for illegal structure which was in contravention of Section 24 Clause 8 of the Act as such on the directions of appropriate authority, compensation of Rs. 45,67,005/- was reduced in respect of illegal structures vide Review Award dated 14.07.2004. The further case of the respondent is that supplementary award no. 16-A/04-05 of 16/03-04 was made on 27.10.2004 in respect of trees on the land acquired and the compensation of which was assessed at Rs. 45,36,781.64 p. It is contended that as the petitioners have already received payment in excess as per award dated 01.10.2003, they are not entitled for any further payment in the supplementary award.