HAJI GULL MOHD KUCHAI Vs. STATE

JUDGEMENT

(1.) Petitioners allege that their lands have been acquired under Land Acquisition Act at Humhama Budgam for a public purpose. The Collector has also issued award on 24.7.1995 (Annexure P-1). The Collector Land Acquisition Budgam (respondent No. 4) is alleged to have addressed a communication to the Divisional Commissioner Kashmir pointing out certain errors in the award with regard to the quantum of land under different survey Nos. and consequent correction of the award (Annexure P-2). The petitioners who claim to be recorded owners and possessors of the land have prayed that the respondents competent authority may be issued mandamus for disbursement of the awarded amount in terms of the award (Annexure P-1) without incorporating the changes in the award by correcting and rectifying the errors as pointed out in Annexure P2.

(2.) It is not in dispute that the land of petitioners is acquired under Land Acquisition Act for establishment of BSF subsidiary for training center in Kashmir Valley. The final award was passed by the Collector on 24.7.1995 (Annexure PI). The Collector detected certain errors in the award and has sought sanction of Divisional Commissioner for correction of errors u/s 11-A of the Land Acquisition Act. Nothing is placed on record to show whether any decision is taken by the Divisional Commissioner and if at all a decision is taken then same is not part of the record. The question whether the extent of land of respective land owners was correctly shown and depicted in the award in the light of revenue record, spot position and other material with the Collector, is a matter for the Collector. If the Collector has sought orders, for correction/rectification of errors in the award, same is permitted by Section 11-A of the Land Acquisition Act, on conditions and terms provided therein, on previous approval of Divisional Commissioner, any clerical error or arithmetical mistakes in the award or errors having arisen therein, can be corrected by order of the Collector. The excess amount if paid can be also recovered as arrears of land revenue.

(3.) In view of this provision obviously the Collector has the powers. Whether the powers are exercised within the contours of Section 11-A of the Act is not a question raised before this Court. But all the same the powers can be exercised, under this enabling provision of the Act.