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Service & Administrative LawSupreme Court of India

Naresh Kumar & Ors. v. Govt. of NCT of Delhi

Civil Appeal · 2019 INSC 1151Decided 17 Oct 2019
Civil Appeal No. 6638 of 2010
Justice Arun Mishra · Justice Vineet Saran · Justice S. Ravindra Bhat

Background

The appellants' land was acquired by the Government, and a Land Acquisition Collector's Award in 2003 granted them compensation. Nearly a year later, the Collector passed a "Review Award" that reduced this compensation substantially, on the ground that part of it had wrongly covered illegal structures on the land. The landowners, who only learned of this reduction years later through an RTI request, challenged the Review Award, but the Delhi High Court dismissed their challenge.

Decision Breakdown

The Supreme Court held that the Land Acquisition Act, 1894 contains no provision allowing a Collector to "review" an Award once it is finalised. The only corrective mechanism available is Section 13A, which permits fixing purely clerical or arithmetical mistakes, and only within six months of the Award. Here, the Collector had gone far beyond correcting a clerical error, he had substantively reassessed whether certain structures were legal, and had done so more than six months late. Citing settled law that the power of review must be expressly granted by statute and cannot be assumed, the Court quashed both the Review Award and the High Court's judgment upholding it, and restored the appellants' original compensation.

Lesson Learnt

A government authority cannot "review" or substantially alter its own final decision unless a law specifically gives it that power, fixing typos or calculation errors is not the same as reopening the substance of a decision already made.

Naresh Kumar & Ors. v. Govt. of NCT of Delhi – Legal Case Shots | LegalAware