Khacheru (D) Th. LR.s vs UOI and Another

Indermeet Kaur, J.—Order impugned before this Court is the order dated 18.07.2008 wherein the application filed by the petitioner under Sections 151 & 153 of the CPC (hereinafter referred to as the ''Code'') seeking a prayer to the effect that the respondent/Union of India should send a revised Statement of Account u/s 19 of the Land Acquisition Act (hereinafter referred to as the ''said Act'') giving details of the land of the petitioner had been dismissed.

Record shows that the land of the petitioner situated in the revenue estate of village Khichripur, Delhi was acquired by the Government pursuant to Award No. 28-B/1970-71; the Land Acquisition Collector (LAC) had fixed the market value at Rs.600/- per bigha. In a reference petition u/s 18 of the said Act, compensation was enhanced to Rs.2,100/- per bigha; this was on 31.08.1981; the High Court in RFA proceedings on 09.04.1996 had further enhanced this compensation from Rs.2,100/- per bigha to Rs.8,000/- per bigha.

Contention of the petitioners before the trial Court in their application under Sections 151 & 153 of the Code was that the petitioner had not given the details of Khasra numbers which had been acquired which was due to ignorance; nevertheless, the same should have been mentioned in the statement to be given by the Collector u/s 19 of the said Act; he be directed to give a revised statement.

Record shows that the LAC had given revised statement u/s 19 of the said Act on 07.10.1977 pursuant to which the compensation had been fixed at Rs.2,100/- per bigha which was in the reference petition filed by the petitioner. Thereafter in appeal, the compensation had been enhanced by the High Court to Rs.8,000/- per bigha. This enhanced amount of Rs.14,12,000/- had been paid to the petitioner on 29.05.2002; a balance amount of Rs.37,848/- was paid on 28.08.2004; no objection was raised by the petitioner at any stage up to this time or even thereafter i.e. right up to 20.08.2005 when the present application was filed.

In Shri Daulat Ram and Another Vs. Union of India (UOI), which has since attained a finality even before the Apex Court, it has been held that once a decision attains a finality, the parties are bound by the same and no application seeking enhancement of solatium and interest is thereafter permissible. Record has evidenced that at no point of time, the petitioner was aggrieved by the order of compensation which had been enhanced by the High Court and he had in fact without any demur or protest received the payment/compensation which had been awarded in his favour the last of which was received on 28.08.2004. The present application filed on 20.08.2005 could not lay challenge to the final decision which had already been taken pursuant to the revised statements which were given by the LAC. In this view of the matter, the impugned order dismissing the application under Sections 151 & 153 of the Code of the present petitioner suffers from no infirmity. Petition is without any merit. Dismissed.