Rakesh Kumar Jain, J. - (1.) The revision petition is filed to challenge order dated 06.05.2014 passed by the Reference Court allowing the application of the land owners under Section 152 of the Code of Civil Procedure, 1908 (herein- after referred to as the "CPC") correcting the alleged typographical mistake occurred in the award in which interest under Section 34 of the Land Acquisition Act, 1894 (here-in-after referred to as the "Act") was granted instead of Section 28 of the Act and, thus, para 56 of the judgment of the Reference Court was modified to read as under:- "56. In addition to above said price of acquired land, the claimants are entitled to benefit of Section 23(1-A), 23(2) and Section 28 of the Land Acquisition Act."
(2.) The brief background of the case is that the petitioner is operating a refinery at Bathinda, Punjab. On 27.08.1997, notification under Section 4 of the Act was issued for the purpose of acquiring various parcel of land in villages Phulokhari, Kanakwal, Ramsra and Raman, Tehsil Talwandi Sabo, District Bathinda for setting up of oil refinery and liquid fuel based power plant. The total land to be acquired was 1992-575 acres. The notification of the declaration under Section 6 of the Act was issued on 14.10.1997. The Land Acquisition Collector (here-in-after referred to as the "Collector") passed the award on 04.06.1999 for payment of compensation by dividing the acquired land into three categories, i.e. Nehri, Barani and Gair Mumkin and fixed the market value of the same @ 3.5 lacs per acre, 2.75 lacs per acre and 5 lacs per acre respectively. The Collector had also given the benefit of interest under Section 34 of the Act. It is averred in the petition that a sum of 84 Crores (approximately) has already been paid. The land owners filed objections under Section 18 of the Act before the Collector who forwarded it to the Reference Court which culminated into the award dated 29.11.2005 whereby the land classified as Nehri was clubbed with Barani and tube-well irrigated land and market value thereof was fixed @ 3.5 lacs per acre and for Gair Mumkin land, the Reference Court maintained the market value fixed by the Collector but carved out a new category, i.e. land abutting metalled road except gair mumkin from Raman to Kalianwala via Gyan upto a depth of 500 metres and fixed its market value at 3.75 lakhs per acre.
(3.) The land owners have challenged the award of the Reference Court under Section 54 of the Act by way of appeal which is pending in this Court after admission.;