The Revenue Divisional Officer And Land Acquisition Officer, Tellicherry Vs. The Valia Raja Of Chirakkal Kovilagam And Another On 19 July, 1944

Q: Q. What are the equivalent citations for The Revenue Divisional Officer and Land Acquisition Officer, Tellicherry vs The Valia Raja of Chirakkal Kovilagam and Another ?

The equivalence citation are1944 MWN 739 ; AIR 1944 MAD 539 ; LQ/MadHC/1944/161 ;

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The Revenue Divisional Officer And Land Acquisition Officer, Tellicherry v. The Valia Raja Of Chirakkal Kovilagam And Another

The Revenue Divisional Officer And Land Acquisition Officer, Tellicherry
v.
The Valia Raja Of Chirakkal Kovilagam And Another

(High Court Of Judicature At Madras)

Appeal Against Order No. 422 Of 1943 | 19-07-1944

(Prayer: Appeal (disposed of on 19-7-1944) against the order of the District Court of North Malabar dated 1-2-1943 and made in L.A.C. No. 300 of 1942.)

The jurisdiction of the Court under Ss. 18 to 28 of the Land Acquisition Act is a jurisdiction for the Court to enquire into objections to the Collectors award and to make an award itself after hearing the relevant evidence. The Act does not empower the Court to remand the case to the Collector for fresh enquiry and for a further award. Strictly speaking there is no right of appeal against the order of the learned District Judge declining to make an award. But that order clearly involves a material irregularity in the exercise of the special jurisdiction. The appeal and the memorandum of cross objections are dismissed but in revision, I set aside the order of the learned District Judge and direct him to hear the reference in full himself and pass an award in accordance with the law. No order is made as to costs here.

Advocates List

For the Appellant The Government Pleader. For the Respondents D. Ramaswami Ayyangar, Advocate.

Bench List

HON'BLE MR. JUSTICE WADSWORTH

Eq Citation

1944 MWN 739

AIR 1944 MAD 539

LQ/MadHC/1944/161

HeadNote

Constitution of India — Art. 136 — Revision — Land Acquisition Act, 1894, Ss. 18 to 28 — Jurisdiction of Court under — Held, is a jurisdiction for the Court to enquire into objections to Collector's award and to make an award itself after hearing the relevant evidence — Act does not empower Court to remand case to Collector for fresh enquiry and for a further award