- (1.) HEARD the counsel for the parties.
(2.) THE instant writ petition has been preferred for quashing the notice dated 21.8.2003 (Annexure -6) issued by the Collector, Giridih reducing the amount of compensation awarded to the petitioner to Rs. 1,91,119.50 from the awarded amount of Rs. 3,30,330/ -, which was half of the total amount of Rs.6,60,660/ - awarded in respect of acquisition of land in question, half being apportioned to the share of his brother, Dinesh Prasad Daga. The reason for being aggrieved on the part of the petitioner is that after the award was made vide Annexure -4, the same was reduced as it appears from the notice contained in Annexure -6 issued under 12(A) of Land Acquisition Act, 1894, without any notice or opportunity to the petitioner to show cause.
(3.) LEARNED counsel for the petitioner submitted that in case of any correction in the awarded amount delivered under Section 12 of the Act, the Collector has power to correct the same under the provisions of Section 12, which is quoted herein below: - "Sec.12: -Award of Collector when to be final -(1) Such award shall be filed in the Collector's office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and value of the land, and the apportionment of the compensation among the persons interested. (2) The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made Sec. 12 -A: -State Amendments -(Bihar) - In its application to the State of Bihar, after Section 12, insert the following section, namely: - "12 -A. Correction of award - (1) The Collector may, before a reference, if any, is made under Section 18, - (i) on his own motion, within six months from the date of the award , or (ii) on the application of the person interested made within six months from the date of the award, correct any clerical or arithmetical error in the award. (2) The Collector shall give immediate notice of any correction made in the award to all persons interested. (3) Where, as a result of correction made under Sub Section(1), it appears to the Collector that any amount has been paid in excess to any person , such person shall , after having been given an opportunity of being heard, be liable to refund the excess and if, on an order made by the Collector in his behalf, he fails or refuses to pay it, the same shall be realized as a public demand .;