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6. Mr. Kulkarni, learned Counsel appearing for the Appellant/Claimant in Appeal No.1904 of 2007 was allowed to address the Bench as the Appellant in this case is likely to be affected by our views on the subject. Mr. Kulkarni, learned Counsel, submitted that in view of the provisions of section 53 of the said Act, the provisions of the Code of Civil Procedure, 1908 are applicable to the proceedings before this Court, in so far as they are not inconsistent with the provisions of the Act. He submitted that the scheme of the Act, if considered in proper perspective then the provisions of Order 6 Rule 17 of the Code of Civil Procedure, 1908 cannot said to be inconsistent with the provisions of section 18 of the said Act and therefore, the Application for amendment can be entertained and granted, so as to enhance the amount of compensation.

The plain reading of the above provisions, makes it clear that the proceedings before the Court shall be governed by the Code of Civil Procedure, 1908. "Save in so far as they may be inconsistent with anything contained in the Act." The expression "shall" denotes the mandate of the Parliament that the reference proceedings shall be governed by the provisions of the Code of Civil Procedure, 1908 before the "Court", unless any provision of the said Act is inconsistent with the Code of Civil Procedure. In order to answer the issues referred to the Full Bench, it is necessary to ascertain whether the provisions of Order 6 Rule 17 are inconsistent with the reference under section 18 of the Act.

17. In this regard, reference also can be made to the provisions of section 3(d) of the said Act and sections 151 and 153 of the Code of Civil Procedure, 1908. Section 3 (d) of the said Act defines the expression "Court" means "the principal Civil Court of original jurisdiction". Section 151 of the Code of Civil Procedure, 1908 speaks about inherent powers of the Court. Under this section, the Court has inherent powers to make orders to meet the ends of justice. Section 153 of the Code of Civil Procedure, 1908 gives Court general powers to amend any defect or error in any proceeding or a suit.

However, that such a power is there in the Collector alone is not determinative.

That is a power to correct the mistakes and errors in the award. However, when it comes to the proceedings in any Court of Civil Jurisdiction, provisions of Code of Civil Procedure, 1908 are applicable by virtue of Section 141 of said Code.

By virtue of the explanation below section 141, proceedings under Article 226 of the Constitution of India are excluded. Although these provisions fall in Part XI of the Code of Civil Procedure, 1908, it is clear that the Legislature has made the procedural provisions of the Code applicable as far as it can be. Further, the Land Acquisition Act by virtue of section 53 makes provisions of Code of Civil Procedure, 1908 applicable to the proceedings before the Court under the Land Acquisition Act, save insofar as they are inconsistent with anything contained in this Act. In Code of Civil Procedure, 1908, itself, by virtue of section 151, 152 and 153 the powers to make such orders as may be necessary for meeting the ends of justice or to prevent abuse of the process of the Court are conferred.