THE GOVERNMENT AGENT, CENTRAL PROVINCE, v. AMARAKON et al.

THE GOVERNMENT AGENT, CENTRAL PROVINCE,

v. AMARAKON et al.

D. C., Matara, 1, 344.

 

The Land Acquisition Ordinance, ss. 30 and 21-Form of award-Appeal.

In a suit under "The Land Acquisition Ordinance, 1870, " unless what purports to be an award complies with all the requirements of section 30 of the Ordinance, it is not to be treated as an award, and no appeal lies there from.

IN this case the claimant named in the libel of reference filed by the Government Agent disputed the sufficiency of the compensation awarded. The case was tried by the District Judge and two assessors, and at its termination a decree was drawn up and signed by the District Judge only, awarding to the claimant a certain sum as compensation, and condemning him generally in costs. On appeal by the claimant against this decree,

Dornhorst and Pieris, for appellant.

Dias, C. C., for respondent.

29th October, 1896. Bonser, C. J. -

We heard the argument on this appeal against an award by the District Court of Matara in respect of certain land which has been compulsory acquired by the Government for purposes of the railway on the footing that an award had been made. I must say that what I heard did not impress me with the idea of the Court having erred on the scale of liberality. On the contrary, the impression left on my mind is that the Government Agent was exceedingly liberal with Government money in the offer that he made. However, it is not necessary to go into these matters, for on looking into the record I find that no award has been made.

Section 30 of the Land Acquisition Ordinance provides that " Every award made by the court shall be in writing signed by " the district judge and assessors or assessor concurring therein, " and shall specify the amount awarded under the 1st clause of " section 21, and also the amounts (if any) respectively awarded " under the 2nd, 3rd, and 4th clauses of the same section, together "with the grounds of awarding each of the said amounts. " The

award should thus state the several amounts awarded under each head of section 21. * It is also to state the amount of costs which has been incurred in the proceedings, and by what person and in what proportions they are to be paid.

In this case what purports to be a decree has been drawn up and has been signed by the District Judge alone, and not by the assessor who concurred with him. It does not state the amount of costs incurred, but contains a general direction that the defendant was to pay all the costs. That is a mere nullity.

No appeal can be brought to this Court except against and award, and if no award has been made no appeal lies. The appeal is dismissed with costs.

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* Section 21 of Ordinance No. 3 of 1870: -In determining the amount of compensation to be awarded for land acquired under this Ordinance, the district judge and assessors shall take into consideration-

First, the market value at the time of awarding compensation of such land.

Secondly, the damage (if any) sustained by the person interested at the time of awarding compensation, by reason of severing such land from his own land.

Thirdy, the damage (if any) sustained by the person interested at the time of awarding compensation by reason of the acquisition injuriously affecting the other property, whether movable or immovable, in any other manner, or his earnings; and

Fourthly, if in consequence of the acquisition he is compelled to change his residence, the reasonable expenses (if any) incidental to such change.

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