SUPREME COURT OF INDIA

Before:- G.B. Pattanaik and A.P. Mishra, JJ.

IA No. 1 in Civil Appeal No. 12001 of 1996. D/d. 11.10.1999

Arulmighu Lakshminarasimhaswamy Temple - Appellant

Versus

Union of India and others - Respondents

Land Acquisition Act, 1894, Section 30 - Constitution of India, 1950, Article 137 - Application for clarification - Direction given by Supreme Court to make a reference under Section 30 of 1894 Act while disposing of Civil appeal - It was noticed that such reference had already been made and disposed of - Court cannot make further reference and aforesaid direction had been made in ignorance of earlier direction - Second reference by Court recalled - Application for clarification allowed.

[Para 1]

ORDER

G.B. Pattanaik, J. - This is an application filed by the Government of Pondicherry for clarification of the order dated 2-9-1996 in disposing of Civil Appeal No. 12001 of 1996. While disposing of the civil appeal, a direction had been given by this Court to make a reference under Section 30 of the Land Acquisition Act. It has been brought to our notice now that in fact such reference had already been made in which Lakshminarasimhaswamy Temple was also a party and that application under Section 30 has also been disposed of. The Court, obviously, cannot direct to make a further reference under Section 30 and obviously the aforesaid direction had been given not being aware of the fact that a reference already had been made under Section 30 as is apparent from the impugned judgment. In that view of the matter, our direction in the civil appeal to the effect that reference be made under Section 30 is recalled.

2. IA is disposed of.