STATE OF PUNJAB Vs. DIBHAJAN SINGH

JUDGEMENT

(1.) THIS revision-petition is directed against the order dated 20-5-1996, rendered by the Court of Additional District judge, Bathinda, vide which it allowed the application under Sections 151 and 152 read with Section 153 CPC, for correction/ amendment in the land reference as well as in the Award/judgment, in which the description/quantity of the area acquired, was mentioned inadvertently incorrect.

(2.) DILBHAJAN Singh son of Arjan Singh, filed a land reference, under Section 18 of the Land Acquisition Act, 1894, for enhancement of compensation for his entire acquired property including the residential house, orchard and land, though the same as well as the khasra numbers and the area acquired, could not be correctly described by the Counsel, in the same, due to inadvertence or some typographical mistake. While appearing as AW-10, in the case, before the court, Dilbhajan Singh, described that his land measuring 10 1/2 acres along with residential house and orchard was acquired for the establishment of Engineering College, regarding which enhancement was sought. Since the correct khasra numbers, the extent of land, and the extent of other property acquired, could not be mentioned, in the land reference, under Section 18 of the land Acquisition Act, the same mistake occurred in the Award, which was passed by the Court of Additional pistrict Judge, bathinda in the land reference, referred to above. Accordingly, an application was moved by Dilbhajan Singh for the correction of khasra numbers, the extent of the land, etc. etc. in the land reference, as also in the Award, passed by the Additional District Judge, Bhatinda.

(3.) THE application was contested by the respondent, by filing written reply, wherein, it was admitted that the application was correct to the extent that the applicant, in his own statement, described that his 10. 5 acres land was acquired for Engineering college. It was, however, stated that since the correction sought to be made, by way of an application, by the applicant, could not be said to be falling within the purview of sections 151 and 152 read with Section 153 of the Code of Civil Procedure, the same could not be allowed.