AI Structured Summary
Not yet generated for this judgment
Judgment
The application for condonation of delay is allowed and the C.Ps are taken up for final disposal.
In all these civil petitions a short question that arises for consideration is whether the claimants-respondents would be entitled to the benefit u/s 23(1-A) of the Land Acquisition Act. It is settled law by a pronouncement of the Supreme Court in K.S. Paripoornan Vs. State of Kerala and Others, . The Supreme Court in the said case has held that those awards passed prior to 30-4-1982 would not be entitled to the benefit u/s 23(1-A) of the Land Acquisition Act.
In all these cases, the awards were passed on 31-7-1981. In that view of the matter, the review petitions are allowed and the awards are modified to the extent that the claimants-respondents would not be entitled to the benefit u/s 23(1-A) of the Land Acquisition Act.
Hence, the C.Ps are allowed and the C.R.Ps are restored and for the reasons stated above the C.R.Ps are allowed. The orders of the learned Civil Judge, Belgaum are set aside only insofar as giving the benefits u/s 23(1-A) of the Land Acquisition Act. In all other respects the orders of the Civil Judge stand confirmed. In any event, the Civil Court sitting under reference cannot amend the decree except for clerical or arithmetical errors and proper thing for the claimants- respondents to do would be to file a review or file an appeal against the order of the Civil Judge. On this count also the C.R.Ps are allowed. The Trial Court is directed to amend the original decree accordingly in terms of the order passed by this Court.