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Ardeshir Mancherji Kharadi Vs. Assistant Collector - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case NumberAppeal No. 77 of 1907
Judge
Reported in(1908)10BOMLR517
AppellantArdeshir Mancherji Kharadi
RespondentAssistant Collector
DispositionAppeal dismissed
Excerpt:
land acquisition act (j of 1894), section 54-award-final award-appeal-high court.;an appeal lies to the high court, under section 54 of the land acquisition act 1894, only from the final award of the court.;accordingly, no appeal lies from an award which merely determines the amount of the gross sum payable as compensation, as preliminary to the further question, to whom the amount so determined should be paid. - chandavarkar, j.1. we think we must allow the preliminary objection raised for respondent no. 1 that no appeal lies. several issues were raised before the district judge but he has disposed of only three of them which deal with the question of the gross sum payable as compensation. but the question has yet to be determined to whom the amount so determined must be paid, and until that is determined, it cannot be said that there is a final award as contemplated by the act, against which alone an appeal can be preferred. on these grounds we dismiss the appeal with separate sets of costs.
Judgment:

Chandavarkar, J.

1. We think we must allow the preliminary objection raised for respondent No. 1 that no appeal lies. Several issues were raised before the District Judge but he has disposed of only three of them which deal with the question of the gross sum payable as compensation. But the question has yet to be determined to whom the amount so determined must be paid, and until that is determined, it cannot be said that there is a final award as contemplated by the Act, against which alone an appeal can be preferred. On these grounds we dismiss the appeal with separate sets of costs.


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