Noida vs Smt. Charan Kaur on 22 January, 2019
This Court is of the firm opinion that Order XLVII Rule 1 permits the review of any judgement when it is brought to the knowledge of the Court that any new and important matter could not be brought to the knowledge of the Court when the judgements sought to be reviewed was delivered despite exercise of due diligence or beyond the knowledge of the persons seeking a review. There is no dispute that while delivering the judgement dated 30.10.2014, the Court was not apprised of the judgement dated 14.12.2007 passed in First Appeal No. 74 of 2007 (Jagdish Chand vs. NOIDA (the judgement delivered prior in point of time). Thus, the application for review is clearly maintainable as it would fall within the scope of "new and important matter". There is yet another angle to look at the matter, being whether it would be appropriate for this Court to remand the matter for decision by Reference Court or to award the compensation in the present review application, the first course being suggested to be an appropriate course by Sri Sahai and the second recourse being a pragmatic approach, more so in view of the submissions of Sri Sahai that the quantum of compensation at the rate of Rs. 297/- per square yard is correct and appropriate compensation.