BHARAT SANCHAR NIGAM LTD Vs. UMASHANKAR CHHOTELAL SARAF

JUDGEMENT

(1.) A short question arises for consideration in this first appeal, which pertains to the jurisdiction of the Additional District Judge, Gondia to correct the judgment passed by the Court in Land Acquisition Case Nos.1/1986 and 1/1987 dated 21.12.1995.

(2.) Few facts giving rise to the first appeal are stated thus--

(3.) After this Court dismissed the appeals filed by the appellant against the judgments passed by the reference Court on 21.12.1995, applications were filed by the respondent nos.1 and 4 before the Additional District Judge, Gondia under the provisions of Section 151 and 152 of the Code of Civil Procedure for correction of the common judgment dated 21.12.1995. According to the respondents/claimants, there were some arithmetical errors in the calculations in the judgment dated 21.12.1995. Though, rate of land, according to the claimants, should have been calculated at Rs.43.05 Paise per sq. meter, it was inadvertently calculated at Rs.41.50 Paise per sq. meter. It was further stated in the application that though the Court had held in paragraph 7 of the judgment that the claimants were entitled to interest @ 12% per annum from the date of notification till the date of taking over possession or till the date of award whichever is earlier, the interest was not granted at that rate. It was then stated in the application that though interest was payable on the solatium also, the reference Court had, by the judgment dated 21.12.1995, not granted the interest on solatium by mistake.