UNION OF INDIA Vs. LRS OF BRIJ LAL

JUDGEMENT

(1.) This Misc. appeal has been filed by the appellant-Union of India, through the Defence Estate Officer, Bikaner challenging order and decree dated 22.5.1999 passed by the learned Civil Judge (SD), Sriganganagar in CO No. 2/1998-Brij Lal & Anr. v. State of Rajasthan & Ors. whereby application filed by respondent-claimants under Order 47, Rule 1 C.P.C. was accepted and the amount of compensation mentioned in order dated 2.4.1998 passed in Civil Misc. Case No. 155/1993 was directed to be read as "rupees Twenty Lacs Seventy Nine Thousand" instead of "rupees Fourteen Lacs" and accordingly revised decree was to be prepared.

(2.) As per facts of the case, in Civil Misc. Reference Case No. 155/1993, the , Court held that 50 bighas land of the claimants acquired by the State Government was 'command land' and accordingly, vide order dated 2.4.1998 ordered payment of compensation at the rate of Rs. 37,500/- per bigha from the date of notification dated 29.9.1989 amounting to Rs. 14,00,000/- with Rs. 4,20,000/- towards 30% solatium as also Rs. 5,59,000/- additional compensation amount under Section 23(1-A) of the Land Acquisition Act, 1894. In this manner the Court awarded payment of Rs. 20,79,000/- towards compensation against acquisition of land of the respondent-claimants.

(3.) The Court also granted interest on the amount of awarded compensation, at the rate of 9% per annum for one year from 13.4.1991 and at the rate of 15% per annum thereafter. The respondent-claimants filed an application under Order 47, Rule 1 C.P.C. stating therein that as per Section 28 of the Land Acquisition Act, the interest granted by the Court is payable on total amount of compensation but by error, in the order dated 2.4.1998 amount of compensation for payment of interest was mentioned as Rs. 14,00,000/- instead of Rs. 20,79,000/- and therefore, it was prayed that this error should be rectified.