The mandatory requirement of obtaining prior approval as per the Land Acquisition Act renders an award null and void if not complied with.

The petitioners have filed this writ petition for declaration to declare that the Award No. 20/94 in R.C. No. 1607/90 dated 2.9.94 on the file of the second respondent is ab initio void.

2. Since the validity of the award is being challenged on legal ground. I do not think there is any need to elaborate the facts. The short ground on which the learned Senior Counsel Mr. Doraisamy impugned the award is that the total compensation amount awarded by way of the value of the land is Rs. 14,29,073/- and the Collector ought to have got the prior approval of the Commissioner of Land Revenue, as required under proviso to sub-section (1) of Section 11 of the Land Acquisition Act. As that has not been done, the award is null and void.

3. Proviso to sub-section (1) of Section 11 of the Land Acquisition Act requires that the award shall be made by the Collector only with the previous approval of the appropriate Government or of such officer as the appropriate Government may authorise in this behalf. The wordings of the proviso is in the negative form which is as follows:

“Provided that no award shall be made by the Collector under this sub-section without the previous approval of the appropriate Government or of such officer as the appropriate Government may authorise in this behalf.”

4. The Commissioner of Land Revenue has been specified as the appropriate authority to approve the award of the Collector. In cases where the total compensation exceeds Rs. 10 lakhs under G.O.Ms. No. 2003 Revenue Department dated 13.12.1984. The appendix to the said G.O. is as follows:

“Under the first proviso to sub-section (1) of Section 11 of the Land Acquisition Act. 1894 (Central Act 1 of 1984). as amended by the Land Acquisition (Amendment) Act, 1984 (Central Act 68 of 1984). the Governor of Tamil Nadu hereby authorises. —

(i) The Commissioner of Land Administration, to approve every award in which the total Compensation to be allowed exceeds ten lakhs rupees, and

(ii) The District Collector to approve every award in which the total Compensation to be allowed does not exceed ten lakhs rupees.”

5. The said G.O. was amended by G.O.Ms. No. 1027 Revenue Department dated 25.9.92 by enhancing the amount of compensation from Rs. 10 lakhs to Rs. 20 lakhs for the approval of the Commissioner of Land Revenue.

6. Within a short time, by letter dated No86973/C.Spl.1/92-1, dated 4.11.1992 the Government had suspended the operation of the said G.O.Ms. No. 1027 Revenue Department dated 25.9.92 and directed the Collectors to maintain ‘ status quo ante ’ and to continue to send the proposals for approval of valuation and approval of award statements to the Commissioner of Land Administration.

7. Hence on the date when the award was passed, it is absolutely necessary that the Collector ought to have got the prior approval of the Commissioner of Land Revenue. In this case, admittedly, the Collector has not obtained the previous approval of the said Commissioner of Land Revenue. Only subsequent to the passing of the award, the Collector has written for the approval for which the Commissioner of Land Revenue has sent a reply on 18.12.95 stating that the Collector ought to have sought for the previous approval of the Commissioner of Land Revenue before even the award was passed. There is no provision in the Act to ratify the award passed by the Collector.

8. It is worthwhile to extract the reply of the Commissioner for Land Revenue which is as follows: Tamil

9. Hence the award is not a valid one and virtually it is a nullity since the same had not been passed in accordance with proviso to sub-section (1) of Section 11 of the Land Acquisition Act. When the Act provides the procedure to do a thing, that must be done in the manner in which the Act requires. Since that has not been done, the award is null and void.

10. In this case, the proviso to Section 11 (1) makes it clear that no award shall be made by the Collector without the previous approval of the appropriate Go