2003 (2) TMI 501 - SC - Indian Laws

Summary

Issues Involved:
1. Jurisdiction of the Commissioner u/s 11(1) proviso of the Land Acquisition Act.
2. Nature of the power exercised by the Commissioner.
3. Applicability of Section 15A of the Land Acquisition Act.

Summary:

Jurisdiction of the Commissioner u/s 11(1) proviso of the Land Acquisition Act:
The appellants challenged the jurisdiction of the Commissioner under the proviso to Section 11(1) of the Land Acquisition Act, arguing that the Commissioner had no authority to reappreciate the material on record as an appellate authority. They contended that the Commissioner's role was limited to approving or not approving the award made by the Land Acquisition Officer (the Collector).

Nature of the power exercised by the Commissioner:
The Supreme Court examined whether the Commissioner's power under the proviso to Section 11(1) was administrative or appellate. The Court concluded that the power of granting or not granting previous approval is administrative in nature and does not equate to appellate power. The Commissioner can only confirm, ratify, assent, sanction, or consent to the proposed award but cannot reverse the findings or issue directions to the Collector as if exercising appellate jurisdiction.

Applicability of Section 15A of the Land Acquisition Act:
The Court noted that Section 15A of the Act provides the State Government with appellate power to call for records or proceedings of the Collector before any award is made. This power includes satisfying itself as to the legality or propriety of any finding or order passed and issuing directions accordingly. The Commissioner, while considering the proposed award, can bring any concerns to the notice of the appropriate Government to exercise its power under Section 15A but cannot exercise this power himself.

Conclusion:
The Supreme Court held that the Commissioner's power under the proviso to Section 11(1) is limited and administrative in nature. The Commissioner cannot sit in appeal against the proposed award made by the Collector. The Court also noted conflicting views in previous judgments and referred the matter to a larger Bench for settling the law.

Order:
The papers in this appeal shall be placed before the Hon'ble Chief Justice of India for necessary orders.