Bhagwan Das – Appellant
Versus
State of UP – Respondent
The legal document clarifies that the order of the Land Acquisition Collector is not deemed an award of the court and, therefore, is not appealable under Section 54 of the Land Acquisition Act. The Collector's functions are considered statutory and administrative, and their orders are not adjudicatory in nature. The distinction between an award of the Collector and an award of the court is emphasized, with the latter being a judicial determination by a civil court on a reference. Consequently, appeals under Section 54 are only permissible against awards or decrees of courts, not against the orders or awards of the Collector.
Furthermore, the document indicates that the Collector's order refusing to refer a matter to court is not an award of the court and, hence, not subject to appeal under Section 54. The applicable procedure for challenging such orders is through a writ petition, and the availability of an alternative remedy via appeal under Section 54 does not extend to orders of the Collector that are not judicial awards.
In summary, the cited legal principles establish that appeals under Section 54 are only available against judicial awards or decrees of courts, not against administrative or statutory orders of the Collector.
JUDGMENT
R. V. Raveendran, J.
Leave granted.
2. The lands of appellants within the municipal limits of Bisanda were acquired for establishing a Upmandi by Krishi Utpadan Mandi Samiti under preliminary notification dated 31.01.2004 and final notification dated 20.03.2006. An award was made by the Land Acquisition Collector on 14.03.2007. The appellants were served a notice on 25.10.2007 by the office of the Collector to appear and receive the compensation. The respondents made enquiries and on 16.11.2007 learnt that an award had been made on 14.3.2007. Immediately they made an application seeking a reference under section 18 of the Land Acquisition Act, 1894 (‘Act’ for short) to the civil court for determination of compensation. The Collector, Banda vide his order dated 19.12.2007 rejected the application seeking reference, on the ground that it was made beyond a period of six months from the date of the award, prescribed under Section 18(2) of the Act. The appellants filed a writ petition for quashing the said order dated 19.12.2007 and seeking a direction to the Land Acquisition Collector to refer their claim for increase in compensation to the civil court. The writ petition was di
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