- (1.) Feeling aggrieved by the judgment and decree dated March 19, 2009 in FAT No. 001 of 2009 an appeal under section 54 of the Land Acquisition Act, 1894 (hereafter the L.A. Act)] passed by an Hon'ble Division Bench of this Court, the appellant (hereafter the applicant) has presented RVW No. 009 of 2009 for its review (hereafter the review petition). An application (CAN 116 of 2009) has also been filed in connection with the review petition praying for permission to allow the applicant to rely on documents annexed thereto for the purpose of proving that possession of the applicant's property was taken in 1960 by the respondent Collector. Two plots of land allotted to and occupied by the applicant, viz. A/2 and A/1 of Manglutan village, Ferrarganj Tehsil in South Andaman (hereafter the acquired plots) were the subject matter of Land Acquisition Case No. 8 of 2003, arising out of a reference dated March 16,2003 under section of 18 of the L.A. Act. It was decided by the judgment and decree under appeal dated December 30, 2008, which was modified by the Hon'ble Division Bench by the judgment and decree under review. The following relief was granted to the applicant: "In that view of the matter the amount of compensation fixed by the learned District Judge in so far as the same related to the value of the land at Rs. 3,40,050/- is upheld, the amount of solatium fixed by the learned District Judge at Rs. 1,02,015/- is also upheld. On account of compensation for the financial loss a sum of Rs. 59400/- on account of damages arising out of the financial loss @ Rs. 1350/- for 44 years (1958 to 2002) is fixed. These three figures work out to a sum of Rs. 5,01,465/-. The appellant shall be entitled to interest on the aforesaid sum of Rs. 5,01,465/- @ 9% per annum from the date of notification under section 4 of the Land Acquisition Act until the date of payment under section 28 of the Land Acquisition Act."
(2.) The grounds of review as appearing from the review petition are mainly as follows: "(i) error was committed by the Hon'ble Division Bench in not granting 9% interest per annum on the excess amount for the first year and 15% after the expiry of first year till the date of payment; (ii) error was committed by the Hon'ble Division Bench in denying the benefit provided by sections 23, 1A, 23(2), 28 and 34 of the L.A. Act; (iii) error was committed by the Hon'ble Division Bench by overlooking the admission of the parties regarding acquisition of the property in 1960 and by denying compensation with effect from 1960 when admittedly possession was taken invoking the urgency clause under the L.A. Act; (iv) error was committed in denying compensation by granting interest on solatium; and (v) a review of the impugned judgment and decree is warranted based on discovery of new documents furnished to the applicant in terms of the Right to Information Act (hereafter the R.T.I. Act) on April 9, 2009, viz. (a) the order dated November 8, 1999 of the Secretary, Revenue (passed while disposing of a representation of the applicant in compliance with an order of a learned Single Judge of this Court dated September 14, 1999 in W.P. No. 58 of 1999), and (b) a notification No. 97/60 dated May 10, 1960 issued by the Chief Commissioner, Andaman & Nicobar Islands under section 7 of the L.A. Act."
(3.) It is noted that while the order dated November 8, 1999 specifically acknowledges that "an area of 1.12 hects. situated at Manglutan village for construction of road from Nayasher to Manglutan was acquired by the Collector Land Acquisition out of the land allotted to the writ petitioner during 8.6.1960" vide notice No. R/14/44-A/1011 dated June 8,1960, the notification dated May 10, 1960 records that a declaration was issued under section 6 of the L.A. Act in respect of the plots, pieces and parcels of land situated in the locality described in the schedules appended thereto along with trees and structures standing thereon, if any, as being needed for a public purpose, namely, construction of public roads by the Andaman Public Works Department, and the Collector was directed to take order for the acquisition of the same. The acquired plots, viz. A/2 and A/1 of Manglutan village, form part of schedule II appended to the notification.;