AIR 1965 CALCUTTA 638

Calcutta High Court

Hon'ble Judge(s): Purushottam Chatterjee, A. C. Gupta , JJ

Constitution of India , Art.227— Land Acquisition Act (1 of 1894) , S.11— Tribunal - Collector making award not a tribunal but acts as officer of Government. No application under Art. 227 of the Constitution of India is maintainable against the Collector's award under S. 11, Land Acquisition Act.(Para 2) The Collector while making an award under S. 11 of the Land Acquisition Act acts merely as an officer of the Government making enquiries in order to determine what money the Government would offer to the persons whose @page-Cal639 land is acquired. He neither acts as a tribunal, nor a judicial officer : ILR 30 Cal 36 and ILR 32 Cal 605 (PC) and AIR 1961 SC 1500 Rel. on. AIR Cal 258 (SB) and AIR 1952 Orissa 98 not good law in view of AIR 1961 SC 1500.(Para 1) The award merely becomes a final and conclusive evidence as between the Collector and a person whose land is acquired regarding the three matters referred to in S. 12, but it is not a decree.(Para 2) .....