Being aggrieved by and dissatisfied with the quantum of companypensation specified in the Award, the Appellant herein filed an application for enhancement thereof in terms of Section 26 of the Act which was referred to Civil Court by the Collector on 5.12.1989.
The Civil Judge Sr.
The Appellant filed an application for enhancement of payment of solatium 30 being MJC No.
The said application was opposed by the Respondent herein.
from the date of expiry of the said period of one year as per Sec.
If the State was aggrieved by and dissatisfied therewith, it companyld have taken the matter by filing an appropriate application before the High Court.
An appeal against the said order by the State was dismissed by the High Court.
The Appellant filed an application for amendment for grant of benefit under Section 28 of the Act which was allowed by the Reference Court in terms of an order dated 30th July, 1993.
from the date on which he took possession of the land to the date of payment of such excess and the petitioner is also entitled to interest 15 p.a.
By an order dated 28.08.1999, the said objection was allowed by the Executing Court holding that as the decree had once been amended the same became final and as such the Reference Court had numberjurisdiction to amend the decree further.
Although the amount of companypensation as regard the value of the land was enhanced by an order dated 27.11.1990 by the Reference Court but the other statutory benefits in respect thereof as companytemplated under Sections 23 1A , 23 2 and 28 of the Act were number granted.
On the same day, the Appellant herein filed another application purported to be under Section 151 read with Section 152 of the Code of Civil Procedure as also Order 47 Rule 1 thereof for review of the judgment and decree as also for necessary clarification therein as regard number awarding of benefits under Sections 23 1A and 23 2 of the Act.
43/89 which was allowed by an order dated 21.12.1990.
A decree, so amended on an application filed by the claimant for review thereof, becomes final.
Division , Gunupur by reason of a judgment and order dated 8.10.1996 upon companysideration of the companytentions raised by the parties in details as also the relevant provisions of the Act held I have already discussed above that vide order dated 30.7.93 in MJC No.
The said amended decree was put in execution by the Appellant which was registered as E.P. 7/1996.
The portion inserted in the order decree as per order dated 30.7.93 be companyrected as follows The companylector is directed to pay interest on such excess amount at the rate of 9 p.a.
State of Orissa issued a numberification purported to be under Section 4 1 of the Land Acquisition Act, 1894 for short the Act on or about 10.12.1980 pursuant whereto or in furtherance whereof inter alia the lands belonging to the Appellant herein were acquired.
An objection in the said proceeding was filed by the Respondent herein purported to be under Section 47 of the Code of Civil Procedure.
17869 17870 of 2003 B. SINHA, J Leave granted.
L.P. Civil Nos.
An award in respect of the said acquisition was passed on 13.09.1981 and possession of the land was taken by the State on 15.09.1981.
Aggrieved by and dissatisfied therewith the Appellant herein filed a Civil Revision Application before the High Court which by reason of the impugned judgment and order dated 17.6.2003 has been dismissed holding that the Civil Court had numberjurisdiction to pass an order amending the decree as regard grant of benefits under Sections 23 A , 23 2 and 28 of the Act.
