UP Avas Evam Vikas Parishad v. Mohd. Yaqoob - 2022 Supreme(Online)(All) 117

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Online)(All) 117

ALLAHABAD HIGH COURT
Ramesh Sinha, J
UP Avas Evam Vikas Parishad v. Mohd. Yaqoob

Table of Content
1. the core legal issue pertains to the appealability of the collector's order. (Para 1 , 2 , 3)
2. arguments presented regarding the interpretation of 'court' and appeal remedies. (Para 4 , 5)
3. clarifies that appeals can only be made against judicial decisions by defined courts. (Para 6 , 12)
4. concludes that appeals against the collector are not permissible under current statutes. (Para 16)

1. The matter has been placed before this Bench on a reference made by learned single Judge for consideration of the following issue, as the order passed by an earlier Division Bench in Writ-C No. 2015 of 2021 was apparently found to be per incuriam:
'Whether the Collector, exercising powers under Section 28-A of the Land Acquisition Act, 1894 is a 'Court' and his order made on an application for re-determination of compensation, an award of the Court for the purpose of an appeal under Section 54 of the Act of 1894?'

2. The order dated August 2, 2021 passed by learned single Judge, while referring the aforesaid question of law for consideration by larger Bench containing facts, in brief, is quoted below:
'This appeal has been preferred from an order of the Additional District Mag