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2019 (11) TMI 1152 - SC - Indian LawsReview of an award - contention of the learned Counsel for the appellants is that after the Award had been passed on 01.10.2003 under Section 11 of the Act, the same had become final as per Section 12 of the Act, and the same could not have been reviewed under any provision of the Act - whether under the Land Acquisition Act, 1894, after the passing of the Award under Section 11 of the Act, the Signature Not Verified Award could be reviewed under any of the provisions of the Act? HELD THAT:- There is no provision under the Land Acquisition Act, 1894 for review of the Award once passed under Section 11 of the Act and had attained finality. The only provision is for correction of clerical errors in the Award which is provided for under Section 13A of the Act, which was inserted with effect from 24.09.1984 - A bare reading of the said Section 13A would make it clear that the same is not a provision for Review of the Award but only for correction of clerical or arithmetical mistakes in the Award. It is further provided in the sub-Section (1) of Section 13A that the said correction can be made at any time, but not later than six months from the date of award. In the present case, the Land Acquisition Collector has actually not made any correction of clerical or arithmetical mistake, but has in fact reviewed the Award dated 01.10.2003 by its Review Award no.16/03¬04 dated 14.07.2004, which was also clearly passed beyond such period of six months - the Review Award could not have been passed under Section 13A of the Act, which is meant only for correction of any clerical or arithmetical mistake. There is no other provision in the Act under which the said order dated 14.07.2004 could have been passed. The question whether the structure on the land of the appellants was legal or illegal could only be decided after the parties were 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 in Review Award cannot be justified in law. It is settled law that the power of Review can be exercised only when the statute provides for the same. In the absence of any such provision in the concerned statute, such power of Review cannot be exercised by the authority concerned. The Award dated 01.10.2003 could not have been reviewed by the Collector - Appeal allowed.
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