Madras High Court
Revenue Divisional Officer And Land ... vs Valia Raja Of Chirahkkal Kovilagam on 19 July, 1944
Equivalent citations: AIR1944MAD539, AIR 1944 MADRAS 539
JUDGMENT Wadsworth, J.
1. The jurisdiction of the Court under Sections 18 to 28, Land Acquisition Act, is a jurisdiction for the Court to enquire into objections to the Collector's award and to make an award itself after hearing the relevant evidence. The Act does not empower the Court to remand the case to the Collector for fresh enquiry and for a further award. Strictly speaking, there is no right of appeal against the order of the learned District Judge declining to make an award. But that order clearly involves a material irregularity in the exercise of the special jurisdiction. The appeal and the memorandum of cross-objections are dismissed but in revision, I set aside the order of the learned District Judge and direct him to hear the reference in full himself and pass an award in accordance with the law. No order is made as to costs here.