Excelsior Correspondent
Srinagar, June 26: High Court dismissed the plea for seeking review of the Court verdict whereby Collector land acquisition was directed to pay compensation and Jabrana with interest to the land holders for acquiring the proprietary land as directed by the trial court.
The land was required for the construction of District Horticulture Complex in north Kashmir’s Khirman Handwara. The award of compensation to the landlords was challenged under reference by them under Section 18 of Land Acquisition Act before the Principal District Judge Baramulla.
The trial court has allowed the reference of land owners by directing the land acquiring authorities to pay Rs.7 Lakhs per Kanal plus jabrana @ 15% together with interest @ 7 per annum on the enhanced amount per kanal from the date of possession of the acquired land.
Authorities preferred the much belated appeal against the trial court verdict and while seeking explanation for approaching the court at a very belated stage, the department failed to explicate delay in filing the appeal and resultantly dismissed the same last year.
The award due to the casual approach by the department in prosecuting the matter has been enhanced seven times with the passage of time as the land was acquired in the year 2002 and the land owners have been awarded the compensation at the rate of year of 2009.
Justice Vinod Chatterji Koul after considering the delay on part of the department in approaching the court at belated stage said, the substantial justice being paramount and pivotal and the technical consideration should not be given undue and uncalled for emphasis.
“There should be a liberal, pragmatic, justice oriented, non-pedantic approach while dealing with time barred matter, for, the courts are not supposed to legalize injustice but are obliged to remove injustice”, Justice Koul recorded.
Court has refused to review its decision which was rendered already in November last year. Court has made clear that review jurisdiction cannot be used for that purpose of re-opening the findings recorded in the judgement under review
Court has recorded that the power of review can be exercised for correction of a mistake in the verdict but not to substitute a view of the court. Such powers, court said, can be exercised within the limits of statute dealing with the exercise of power and for that the review cannot be treated like an appeal in disguise.
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