Power of executing court to go behind decree attaining finality

State of Haryana v. Kartar Singh, (2013) 11 SCC 375

Land Acquisition Act, 1894
Ss. 23, 34 and 30(1) & (2) as amended w.e.f. 24-9-1984 - Enhancement of solatium and interest where awards of
Collector and Reference Court passed prior to amendment - Following Swaran Singh, (1996) 5 SCC 501 and Sarup
Singh, (2011) 11 SCC 198, held, legal position is no more res integra that an award and decree becoming final under the
LA Act cannot be amended or altered seeking enhancement of the statutory benefits under the amended provisions in
the LA Act by filing petitions under Ss. 151 and 152 CPC, 
Civil Procedure Code, 1908

Ss. 47, 34, 9, 33 and 51 and Or. 21 Rr. 10 and 30 - Power of executing court to go behind decree attaining finality - On
facts, respondents' execution petition for execution of the award and decree giving effect to enhanced compensation
under the amended LA Act becoming a nullity - Held, a plea of nullity of a decree can always be set up before the
executing court - Any judgment and order which is a nullity never acquires finality and is thus open to challenge in the
executing proceedings - The execution petition filed by respondents seeking execution of the award and decree stands
dismissed, 
Constitution of India
Art. 141 - Supreme Court vis--vis itself - Doubt about the correctness of the judgment in Swaran Singh, (1996) 5 SCC
501 repelled,

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