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TMI Blog2019 (11) TMI 1152X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act. 2. Brief facts of this case, relevant for the purpose of the present appeals are, that land of the appellants was sought to be acquired by a notification dated 23.05.2002 issued under Section 4 of the Act, followed by a declaration under Section 6 of the Act issued on 17.12.2002. An Award bearing no.16/03¬04 dated 01.10.2003 was passed by the Land Acquisition Collector awarding compensation of Rs. 1,97,08,397/¬ in favour of the appellants, out of which, an amount of Rs. 1,87,10,194/¬ was paid to the appellants and the balance amount of Rs. 9,98,203/¬, along with interest, still remains to be paid. 3. Then on 14.07.2004, a Review Award was passed by the Land Acquisition Collector, reducing the amount of compensati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only provision is for correction of clerical errors etc. under Section 13A of the Act, which only permits the Collector to correct any clerical or arithmetical mistake in the Award, and that too within a period of six months and not beyond. It is thus contended that Award dated 01.10.2003 had attained finality, and could not have been reviewed under any of the provisions of the Act. It is lastly contended that the Supplementary Award dated 27.10.2004 was passed for compensation of the trees on the land of appellants, which amount ought to have been paid and the High Court has wrongly denied the same. 6. Per contra, learned Counsel for the respondent submitted that a mistake committed by the Land Acquisition Collector, while passing the Aw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... making of such reference, by order, correct any clerical or arithmetical mistakes in the award or errors arising therein either on his own motion or on the application of any person interested or a local authority: Provided that no correction which is likely to affect prejudicially any person shall be made unless such person has been given a reasonable opportunity of making a representation in the matter. (2) The Collector shall give immediate notice of any correction made in the award to all the persons interested. (3) Where any excess amount is proved to have been paid to any person as a result of the correction made under sub¬section (1), the excess amount so paid shall be liable to be refunded and in the case of any default o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e given opportunity to adduce evidence, which correction cannot be termed as correction of any clerical or arithmetical mistake. There being no provision under the Land Acquisition Act, 1894 for review of the Award, the passing of the order dated 14.07.2004 in Review Award no.16/03¬04 cannot be justified in law. 11. Section 12 of the Act clearly provides that the Award of the Collector shall become final on the same being filed in the Collector's office, of which the Collector shall give immediate notice to the persons interested. From the facts of this case, it is clear that the Award dated 01.10.2003, of which due notice had been given to the appellants and part compensation had also been paid to the appellants in pursuance thereto, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 705 : (2008) 1 SCC (Cri) 537] this Court held that the power to review is not an inherent power. It must be conferred by law either expressly/specifically or by necessary implication and in the absence of any provision in the Act/Rules, review of an earlier order is impermissible as review is a creation of statute. Jurisdiction of review can be derived only from the statute and thus, any order of review in the absence of any statutory provision for the same is a nullity, being without jurisdiction. 14. Therefore, in view of the above, the law on the point can be summarised to the effect that in the absence of any statutory provision providing for review, entertaining an application for review or under the garb of clarification /modificat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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