Bijay Kumar Saraogi Vs. State of Jharkhand - Court Judgment

SooperKanoon Citationsooperkanoon.com/654351
SubjectProperty
CourtSupreme Court of India
Decided OnApr-26-2005
Case NumberCivil Appeal No. 848 of 1999
Judge B.P. Singh and; Arun Kumar, JJ.
Reported inAIR2005SC2435; 2005(5)ALLMR(SC)832; 2005(2)BLJR1113; [2005(3)JCR192(SC)]; JT2005(11)SC187; RLW2005(3)SC379; (2005)7SCC748
ActsLand Acquisition Act, 1894 - Sections 18; Code of Civil Procedure (CPC) - Sections 152; Land Acquisition (Amendment) Act - Sections 23(1) and 28
AppellantBijay Kumar Saraogi
RespondentState of Jharkhand
Appellant Advocate T.N. Singh,; V.K. Singh and; P.K. Srivastava, Advs
Respondent Advocate Ashok Kumar, Adv.
DispositionAppeal dismissed
Cases ReferredState of Punjab v. Darshan Singh
Prior historyFrom the Judgment and Order dated 11.11.97 of the Patna High Court at Ranchi Bench in C.R. No. 522 of 1996(R)
Excerpt:
property - invoking statutory provision - section 18 of land acquisition act, 1894, section 152 of code of civil procedure, 1908 and sections 23(1) and 28 of land acquisition (amendment) act - section 152 can be invoked for limited purpose of correcting clerical errors or arithmetical mistakes in judgment only - section 152 cannot be invoked for claiming substantive relief which was not granted under the decree or as a pretext to get the order which attained finality or was reviewed - no case made out for interference. - b.p. singh, j.1. we have heard counsel for the parties.2. the facts not in dispute are that lands belonging to the appellant were acquired under the provisions of the land acquisition act, 1894. the collector reads his award against which the appellant preferred a references under section 18 of the land acquisition act and the same was pending when the land acquisition amendment bill was introduced in the parliament on 30th april, 1982 and the amendment act came into force from 24th september, 1984. in between these two dates reference court made its award on february 10, 1983. after the award the appellant received the amount awarded to him and did not prefer a further appeal therefrom.in the year 1995 the appellant filed an application under section 152 c.p.c. before the special.....
Judgment:

B.P. Singh, J.

1. We have heard counsel for the parties.

2. The facts not in dispute are that lands belonging to the appellant were acquired under the provisions of the Land Acquisition Act, 1894. The collector reads his Award against which the appellant preferred a references under Section 18 of the Land Acquisition Act and the same was pending when the Land Acquisition Amendment Bill was introduced in the Parliament on 30th April, 1982 and the Amendment Act came into force from 24th September, 1984. In between these two dates Reference Court made its Award on February 10, 1983. After the Award the appellant received the amount awarded to him and did not prefer a further appeal therefrom.

In the year 1995 the appellant filed an application under Section 152 C.P.C. before the Special Sub-Judge, Ranchi claiming that he was entitled to the benefit conferred by Sections 23(2) and 28 of the Land Acquisition Act as amended by the Amendment act. The learned Sub-Judge held that the said application was not maintainable and the said finding has been affirmed by the High Court.

3. We find no reason to interfere with the order of the High Court because a mere perusal of Section 152 makes it clear that Section 152 C.P.C. can be invoked for the limited purpose of correcting clerical errors or arithmetical mistakes in the judgment. The Section cannot be invoked for claiming a substantive relief which was not granted under the decree, or as a pretext to get the order which has attained finality reviewed. If any authority is required for this proposition, one may refer to the decision of this Court in State of Punjab v. Darshan Singh : AIR2003SC4179 .

4. The appeal, therefore, lacks merit and is accordingly dismissed.

5. No costs.