Khacheru (D) Th. Lr.S vs Uoi & Anr.
2012 Latest Caselaw 733 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                Date of Judgment: 02.02.2012


+     CM(M) 832/2009 & CM Nos.13582/2010 & 18084-85/2010


KHACHERU (D) TH. LR.S                                ..... Petitioner
                   Through                Mr.S.P.Singh Rathore, Adv.

                      versus


UOI & ANR.                                         ..... Respondents
                               Through    Mr. Sanjay Kumar Pathak, Adv.


      CORAM:
      HON'BLE MS. JUSTICE INDERMEET KAUR


INDERMEET KAUR, J. (Oral)

1 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 Code of Civil Procedure (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 under Section 19 of the Land

Acquisition Act (hereinafter referred to as the 'said Act') giving details

of the land of the petitioner had been dismissed.

2 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 under Section 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.

3 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 under Section

19 of the said Act; he be directed to give a revised statement.

4 Record shows that the LAC had given revised statement under

Section 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.

5 In Daulat Ram & Another Vs. U.O.I. 120 (2005) DLT 353 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.

INDERMEET KAUR, J FEBRUARY 02, 2012 A