An award made by a Land Acquisition Officer under Sections 11 and 12 of the Land Acquisition Act, 1894, is not a decision or determination of any rights of the parties so as to bring the same within the certiorari jurisdiction of the Court. The Government is bound by the award and cannot challenge the same by means of a petition for the issue of Writ of certiorari.

ORDER :- ISMAIL, J.

These Writ Petitions raise a common question. Having regard to the nature of the question raised, it is not necessary to refer to the facts in detail and it is enough, if the broad facts are stated for the purpose of appreciating the question raised. Manali village in Chingleput Taluk, Chingleput District, was an inam village which became an estate under the Tamil Nadu Estates Land Act, 1908 by virtue of the Tamil Nadu Estates Land (Third Amendment) Act, 1936 (Tamil Nadu Act XVIII of 1936). For the purposes of the Madras Refineries Ltd., a major portion of the lands in the said village was notified to be acquired under the provisions of the Land Aquisition Act. 1894, hereinafter referred to as the Act. The notification under Section 4 (1) of the Act was published in all these cases in the Tamil Nadu Government Gazette on 3-2-1965. The declaration under Section 6 of the Act was published in the Gazette on 9-6-1965. Under the provisions of Section 17 (1) of the Act, possession was taken on different dates even before the passing of the award.

2. The Tamil Nadu Legislature had enacted the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Tamil Nadu Act XXVI of 1963) hereinafter referred to as the Abolition Act. The Government by G. O. Ms. No. 3265, Revenue, dated 21st November, 1966 issued a notification under the Abolition Act for the purpose of taking over the village on 15th December, 1966. The second respondent in W. P. No. 489 of 1971 filed W. P. No. 2816 of 1966 on the file of this Court against the notification of the village under the Abolition Act and obtained an interim order of stay from this Court on 14-12-1966 preventing the Government from proceeding further pursuant to the notification issued under the Abolition Act. As pointed out already, under Section 17 (1) of the Act, possession was taken on different dates even before the passing of the award, of different parcels of land notified under Section 4 (1) of the Act. Some of those lands had been taken possession of even before the issue of notification under the Abolition Act. Under those, circumstances, the Government had to make up its mind whether it will proceed with the acquisition of the lands under the provisions of the Act or not. It appears that as a result of a conference the inamdars had with the Government officials and Ministers concerned, G. O. Ms. No. 1111, Revenue, dated 3rd June, 1969 was issued. This Government order referred to the steps that had been already taken under the Act as well as the Abolition Act and the pendency of the writ petition, W. P. No. 2816 of 1966 on the file of this Court as well as the interim order passed by this court. The Government order stated :

"The question whether proceedings under the Land Acquisition Act can be pushed through in view of the stay orders of the High Court, has been examined by the Government. According to Section 2 (10) of Madras Act 26/63 where the operation of any notification issued under Section 1 (4) of the Act, has been stayed or interrupted by an order of Court or Tribunal or other authority constituted under any law for the time being in force, the notified date shall be the date from which the Government have been in uninterrupted possession of the Inam Estate. In this particular case, the Section 4 (1) notification has been stayed by the High Court. The effect of this is, that the Inam Estate of Manali has not vested in the Government so far. Consequently, the date of vesting will stand postponed due to the operation of the proviso to Section 1 (4) and Section 2 (10) of the Madras Act 26 of 1963. It is learnt that there is some likelihood of delay in the disposal of the Writ Petition filed by Thiru Ramakrishna Mudaliar. In these circumstances, the Government are advised that there is no need, to delay the passing of the award in respect of the lands required by the Madras Refineries Ltd. The Government accordingly direct that the award under the

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