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