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Revenue Divisional Officer and Land Acquisition Officer Vs. Valia Raja of Chirahkkal Kovilagam - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported inAIR1944Mad539
AppellantRevenue Divisional Officer and Land Acquisition Officer
RespondentValia Raja of Chirahkkal Kovilagam
Excerpt:
- - but that order clearly involves a material irregularity in the exercise of the special jurisdiction......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.....
Judgment:

Wadsworth, J.

1. The jurisdiction of the Court under Sections 18 to 28, Land Acquisition Act, is a jurisdiction for the Court to enquire into objections to the Collector's 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.


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