ATIQA BANO Vs. COLLECTOR

JUDGEMENT

(1.) THIS revision petition has been preferred against order dated 20th May, 2000 passed by the learned District Judge, Srinagar, whereby he has rejected the application of the petitioner -claimants seeking to correct the judgement and decree dated 6.4.1992 passed by the court in reference under section 18 of the Land Acquisition Act to the extent of granting 6% interest instead of 4% granted by the court.

(2.) IN proceedings under Land Acquisition Act reference was made by the collector to the learned District Judge, Srinagar, which was accepted and a decree came to be passed directing the respondents to pay compensation to the claimants with 15% Jabrana and 4% interest from 18th January, 1980 till realisation of the decree. This decree of the court was challenged by means of Civil Appeal No. 37/92 by the State through collector before this court. The petitioner also, not being satisfied with the decree, filed cross -objections to the appeal in terms of order XLI Rule 22 CPC. The appeal came to be dismissed in default, so the cross -objections. The decree passed by the learned District Judge is reference proceedings thus attained finality.

(3.) THE petitioners -claimants filed an aplication on 19th June, 1999 before the learned District Judge, Srinagar, for correction of the judgement and decree in terms of Section 152 of the Code of Civil Procedure to the extent that interest awarded should be 6% instead of 4% in terms of section 28 of the Land Acquisition Act which provides payment of interest at the rate of 6%. The plea raised by the learned counsel before the learned District Judge was that the judgement is violative of the statutory provisions of law and thus needs correction. The learned District Judge on appreciation of the submission of the learned counsel for the petitioners vide order impugned rejected the application observing in the course of the orders under: - "The short point for consideration is whether any correction can be ordered in the rate of interest and jabirana as granted in award dated 18.l.1980 and can be altered by the present applicant which has been made at a belated and a delayed stage of nearly 20 years. On record it is shown that the petitioners were associated with the acquisition proceeding in the year 1980 and they received amount of compensation for their land acquired by the State. The petitioners are also shown to have been continuosly associated with the proceedings before this court till the conclusion of the reference made vide order dated 6.4.1992. The petitioner in these circumstances are shown to have acquired the knowledge of any error or mistake in the rate of interest or Jabirana right from 1980. The petitioners have not challenged and approached the court at the earliest opportunity for correcting the error or mistake. The petitioners seem to have waited for twenty long years without submitting any explanation for the delay of twenty years."