SHEVANTA RAMA WANGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. The petitioners challenge the amended award dated 2-7-1998 on the ground that the amendment of the nature which has been carried out is not permissible in terms of the provisions of law comprised under section 13a of the Land Acquisition Act, 1894, hereinafter referred to as "the said Act" and secondly that the same has been passed without notice to the petitioners.

(2.) The undisputed facts in the case in hand are that the final award was passed on 28-5-1998. However, thereafter notices were issued in terms of section 13a (2) regarding amendment carried out to the award on 2-7-1998. The amendment related to the calculation of the final amount of compensation payable to the interested persons.

(3.) The learned Advocate appearing for the petitioners submitted that once the final award was passed, it was not permissible for the Land Acquisition officer to amend the award without prior notice to the petitioners or the interested persons and in no case the compensation could have been altered in exercise of the powers under section 13a of the said Act. The learned AGP appearing on behalf of the respondent Nos. 1 and 2, however, submitted that the amendment which has been carried out, merely relates to the calculation of the compensation as it was an arithmetical error within the meaning of the said expression under section 13a and, therefore, the necessary corrections were carried out in accordance with the provisions of law and, therefore, no fault can be found with the amended award.