Land acquisition finality limits enhanced solatium claims, while dismissal in limine does not create res judicata.

Enhanced solatium and interest under the Land Acquisition Act, 1894 were held unavailable once compensation proceedings had attained finality, because the court had no jurisdiction to reopen concluded matters by review or ancillary powers. The prohibition on review for a mere change in law did not assist where the statute did not permit the relief. A prior dismissal of a special leave petition in limine, without adjudication on merits, did not operate as res judicata and did not bar the later challenge. The original compensation terms were therefore restored.

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Issues: (i) Whether the High Court could entertain the application and review order to extend the benefit of the amendment enhancing solatium and interest under the Land Acquisition Act, 1894 after the proceedings had attained finality. (ii) Whether dismissal of an earlier special leave petition in limine barred consideration of the present challenge by res judicata.

Issue (i): Whether the High Court could entertain the application and review order to extend the benefit of the amendment enhancing solatium and interest under the Land Acquisition Act, 1894 after the proceedings had attained finality.

Analysis: The amended benefits were held to be available only where acquisition proceedings were pending before the Land Acquisition Officer or the court on the relevant date. Once the compensation proceedings had been finally concluded, the appellate court had no jurisdiction to amend the decree and grant solatium and interest at the enhanced rates under the amendment. A claim founded on absence of jurisdiction could be raised at any stage, and the prohibition against review on a mere change in law did not assist where the court itself lacked power to grant the relief.

Conclusion: The High Court had no jurisdiction to grant the enhanced benefits, and the order allowing them could not stand.

Issue (ii): Whether dismissal of an earlier special leave petition in limine barred consideration of the present challenge by res judicata.

Analysis: A dismissal of a special leave petition in limine, without adjudication on merits, does not operate as res judicata. Such an order does not preclude exercise of jurisdiction under Article 136 in a subsequent matter, particularly where the prior dismissal was not between the same parties on the same controversy.

Conclusion: The earlier dismissal in limine did not bar the present appeals.

Final Conclusion: The enhanced award of solatium and interest granted by the High Court was unsustainable, and the earlier appellate order restoring the original compensation terms was revived.

Ratio Decidendi: Where compensation proceedings under the Land Acquisition Act, 1894 are no longer pending, the court cannot invoke review or ancillary jurisdiction to confer amended statutory benefits that the statute does not permit, and a dismissal in limine of an SLP does not create res judicata.

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