Bijay Kumar Saraogi v. State Of Jharkhand ., Supreme Court Of India, Judgment, Law, casemine.com

Factual and Procedural Background

Lands belonging to the appellant were acquired under the Land Acquisition Act, 1894. The Collector passed an award, which the appellant challenged by seeking a reference under Section 18 of the Act. While the reference was pending, Parliament introduced the Land Acquisition (Amendment) Bill on 30 April 1982; the Amendment Act ultimately came into force on 24 September 1984. The Reference Court, however, rendered its award earlier, on 10 February 1983. The appellant accepted the compensation awarded and did not pursue any appeal.

In 1995—approximately twelve years later—the appellant invoked Section 152 of the Code of Civil Procedure before the Special Sub-Judge, Ranchi, asserting entitlement to additional benefits under amended Sections 23(2) (enhanced solatium) and 28 (enhanced interest) of the Land Acquisition Act. The Special Sub-Judge rejected the application as not maintainable, and the High Court affirmed that decision. The present appeal before the Supreme Court followed.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
State of Punjab v. Darshan Singh, (2004) 1 SCC 328	Section 152 CPC is confined to correcting clerical or arithmetical mistakes and cannot be used to grant substantive relief.	Relied upon to reject the appellant’s attempt to secure additional benefits through Section 152 CPC.

Precedent

Rule or Principle Cited For

Application by the Court

State of Punjab v. Darshan Singh, (2004) 1 SCC 328

Section 152 CPC is confined to correcting clerical or arithmetical mistakes and cannot be used to grant substantive relief.

Relied upon to reject the appellant’s attempt to secure additional benefits through Section 152 CPC.

Court's Reasoning and Analysis

The Supreme Court performed a straightforward textual analysis of Section 152 CPC, emphasizing that its scope is limited to rectifying clerical or arithmetical errors in judgments, decrees, or orders. The Court noted that the appellant was effectively seeking a substantive enhancement of the compensation—relief that was neither granted in the original decree nor omitted due to any clerical oversight.

Invoking State of Punjab v. Darshan Singh, the Court reiterated that Section 152 cannot serve as a vehicle for revisiting matters that have attained finality or for conferring fresh substantive rights. Because the appellant’s request concerned new monetary benefits arising from statutory amendments—long after the decree had become final—the application under Section 152 was inherently misconceived. Accordingly, the Court saw no error in the High Court’s affirmation of the Special Sub-Judge’s dismissal.

Holding and Implications

APPEAL DISMISSED.

The decision confirms that Section 152 CPC is strictly limited to correcting clerical or arithmetical mistakes and cannot be employed to obtain substantive reliefs not embodied in the original decree. The ruling impacts only the parties to this litigation and reiterates an established procedural principle without creating new precedent.

Bijay Kumar Saraogi v. State Of Jharkhand .

B.P Singh, J.— We have heard counsel for the parties.

2. The facts not in dispute are that lands belonging to the appellant were acquired under the provisions of the Land Acquisition Act, 1894. The Collector made his award against which the appellant preferred a reference under Section 18 of the Land Acquisition Act and the same was pending when the Land Acquisition Amendment Bill was introduced in Parliament on 30-4-1982 and the Amendment Act came into force from 24-9-1984. In between these two dates the Reference Court made its award on 10-2-1983. After the award the appellant received the amount awarded to him and did not prefer a further appeal therefrom. In the year 1995, the appellant filed an application under Section 152 CPC before the Special Sub-Judge, Ranchi claiming that he was entitled to the benefit conferred by Sections 23(2) and 28 of the Land Acquisition Act as amended by the Amendment Act. The learned Sub-Judge held that the said application was not maintainable and the said finding has been affirmed by the High Court.

3. We find no reason to interfere with the order of the High Court because a mere perusal of Section 152 makes it clear that Section 152 CPC can be invoked for the limited purpose of correcting clerical errors or arithmetical mistakes in the judgment. The section cannot be invoked for claiming a substantive relief which was not granted under the decree, or as a pretext to get the order which has attained finality reviewed. If any authority is required for this proposition, one may refer to the decision of this Court in State Of Punjab v. Darshan Singh . (2004) 1 SCC 328.

4. The appeal, therefore, lacks merit and is accordingly dismissed. No costs.

Civil Appeal No. 848 of 1999, decided on April 26, 2005

Bijay Kumar Saraogi v. State Of Jharkhand .

Factual and Procedural Background

Legal Issues Presented

Arguments of the Parties

Table of Precedents Cited

Court's Reasoning and Analysis

Holding and Implications

Bijay Kumar Saraogi v. State Of Jharkhand .

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