REKHA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) An application moved by the petitioner under Section 152 of Code of Civil Procedure, seeking rectification of an alleged omission in the award passed by the learned Additional District Judge (I), Shimla, in a land reference case, has been dismissed vide order dated 22.08.2019. Hence, instant petition has been preferred under Article 227 of the Constitution of India.

(2.) Facts 2(i) An award was passed on 10.11.2017, in LAC Petition No. 2-S/4 of 2017/16, under Section 18 of Land Acquisition Act, whereunder, petitioner was held entitled for enhancement of compensation of land @ Rs.10,196/- per square meter and Rs.4,69,124/- on account of 23 apple trees. The petitioner was also held entitled for following statutory benefits in para 37 of the award:-

(3.) Learned Senior counsel for the petitioner contended that present is a case where there is an omission, an error in the relief clause of the award, which becomes evident when one goes through the entire award as a whole, in particular paragraph-35 thereof. In para-35 of the award, learned Additional District Judge has held that the petitioner was entitled to interest from the date of issuance of notification under Section 4(1) of the Land Acquisition Act. The interest from the date of issuance of Section 4 notification has been allowed in relief Clause No.37 (b), however, the same has not found its way in relief clause No. 37(c) pertaining to grant of statutory benefit under Sections 28 and 34 of the Act, which is an accidental slip and needs to be corrected under Section 152 CPC.