The matter was taken to the High Court which was initially registered as RFA No. The corrections contemplated are of correcting only accidental omissions or mistakes and not all omissions and mistakes which might have been committed by the court while passing the judgment, decree or order. In section 4, in sub-section (1), for the words the Collector shall cause substitute the words the Collector shall, within forty days from the date of publication of such notification, cause . the State of Jammu and Kashmir]. Reference in this connection can be made to the decision of, 32. 3568 and 3566 of 2005. 2. The Land Acquisition Collector is also justified in demanding the sum paid on account of interest under section 194A of the Act. Section 26. 2) The proviso appended to Section 24 (2) deals with a situation where in respect of the acquisition initiated under the 1894 Act an award has been made and compensation in respect of a majority of land holdings has not been … The question, therefore, is whether the view taken by the High Court is correct in law. The Land He must direct the acquiring officer (usually the DS) accordingly. 12-9-1975)]. The distinction between a decree which is void and a decree which is wrong, incorrect, irregular or not in accordance with law cannot be overlooked or ignored. 20. The distinction between a decree which is void and a decree which is wrong, incorrect, irregular or not in accordance with law cannot be overlooked or ignored. It is seen that the respondent had voluntarily resigned from the service and the resignation was accepted by the Government on 18-5-1982. There can be no doubt that the benefit of the enhanced solatium is intended by Section 30(2) in respect of an award made by the Collector between 30-4-1982 and 24-9-1984. The question then is whether the High Court has power to entertain independent applications under Sections 151 and 152 and enhance solatium and interest as amended under Act 68 of 1984. […] The words ‘any such award’ are intended to have deeper significance, and in the context in which those words appear in Section 30(2) it is clear that they are intended to refer to awards made by the Collector or Court between 30-4-1982 and 24-9-1984. In Union of India v. Sube Ram & Others reported in (1997) 9 SCC 69 this court held thus: “5. Consequently, the award by the High Court granting enhanced solatium at 30% under Section 23(2) and interest at the rate of 9% for one year from the date of taking possession and thereafter at the rate of 15% till date of deposit under Section 28 as amended under Act 68 of 1984 is clearly without jurisdiction and, therefore, a nullity. We may also refer to the provisions in Sub-Sections 30 (1) & 30 (2) of the Act of 68 of 1984 regarding application of the provisions of the aforesaid amendment to proceedings pending on or after 30.04.1982 which read as follows: -. Subsequent amendment does not give power to the court to amend the decree under Sections 151 and 152, CPC. Survey and plan of land. ���� JFIF ` ` �� C The following Subsidiary Legislation have been omitted: (a)Notices made under section 3 (i.e. Such a judgment and decree which has become final and binding could not have been reopened by the High Court on the basis of revision applications filed under Section 151 and 152 of C.P.C. (2) It extends to . The respondents made an application under Sections 151 and 152, CPC to award enhanced solatium and additional benefits etc. yard upto the depth of 500 meter of the acquired and at the rate of Rs. 29. 12.In order to answer the aforesaid two issues which arise for our consideration, we need to point out that the Land Acquisition Act, 1894 came to be amended by virtue of the Amendment Act 68 of 1984. However, we may record the facts of each of the cases separately and deal with the issues at one place as they are interconnected. 5142-65 of 1986 and enhanced the compensation holding that the ends of justice require that compensation shall be awarded to the appellants at the rate of Rs. b) Whether the judgment and order given by the High Court enhancing the quantum of compensation by giving benefit of enhanced solatium from 15 per cent to 30 per cent and interest from 6 per cent to 9 per cent per annum in view of the Amendment Act of 68 of 1984 could be negated by the Court of Additional District Judge, Bhatinda while acting as an Executing Court and whether the Executing Court of Additional District Judge, Bhatinda could go behind the judgment and decree passed by the High Court? Learned counsel for the respondents has strenuously relied on the general principle that the appeal is a rehearing of the original matter, but we are not satisfied that he is on good ground in invoking that principle. x��T�j�@}��)�B���� �K۔��Ї�c+��-a٦��;����Kj��5s���3�'���>���no�7�CoGݏ8�L��%�80�q��2��(C%�q�`�Oq�L � �/q4�t>�ؼ��C�Qf����"N�l)�T��yX�=�� *A&�M�HR�"�,�xPG��q�h2��)�Y�\�&)� ��~�Y嘴�KY��;��̛U*)�k3z�HuJn樴����UV8�3r�Bl]H�,��"��F�a��[���RiJ���l!�qd�M��:I��L�{�ϲ%|=c�0R �t RJR���NwT�g�����@0����H����8z��&/�0�C� � However, we may record the facts of each of the cases separately and deal with the issues at one place as they are interconnected. <>>> Learned counsel for the respondents has strenuously relied on the general principle that the appeal is a rehearing of the original matter, but we are not satisfied that he is on good ground in invoking that principle. 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