9911796707
TMI Blog1994 (10) TMI 300X X X X Extracts X X X X X X X X Extracts X X X X ..... The respondent received the compensation under protest and on 29th September, 1988, filed an application but ultimately the Collector did not make any reference to the Civil Court under Section 18 of the Act. 3. The respondent filed the Civil Suit No. 2/1989 in the Court of Deputy Commissioner, Aizawl which endorsed for disposal to the Additional District Magistrate. After the receipt of the notice the appellant objected to the jurisdiction of the Civil Court in entertaining the suit. The Additional District Magistrate in his Judgment overruled the objection and granted the decree declaring that the respondent is entitled to a sum of ₹ 26.39,286/- as compensation for compulsory acquisition of his lands described in the suit and sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... court or authority. 6. The Deputy Commissioner gave a hearing to the respondent and after having been. satisfied, referred the matter to the Civil Court of Additional District Magistrate to dispose of the suit. In Substance the suit is a reference under Section 18 of the Act. the Court had thereby jurisdiction to grant the decree as was given in the impugned judgment. We find no force in the contentions. 7. It is true that in the State of Mizoram, the Dist. Magistrate and the Addl. Dist. Magistrate. have the jurisdiction both on executive side and the civil side. But the one cannot be fused for the other. When the statute indicated that the action be taken was to be in a particular manner, it must be done in that manner and in no othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iginal jurisdiction but also a special judicial officer specially appointed by, the Govt. A valid order of reference Under Section 18 is sine qua non for a civil court of original jurisdiction or special judicial officer specially appointed to take cognizance of the objection. Though an application was made within six weeks as seen hereinbefore, no reference under Section 18 was made by the Collector. The Collector is enjoined, while making a reference, to make a statement in writing under his land under Section 19 of the Act, with particulars enumerated therein. The Collector has to state, to the Court all the information on: - (a) the situation and extent of the land, with particulars of any trees, building or standing crops thereon; (b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore specifying the day to appear before them. The Court then is enjoined to determine compensation in the manner prescribed in part III of the Act. On such determination, it shall pass a decree and the award under Section 26 and in the form and manner specified therein. The Award is a decree and the statement of grounds a judgment under Sub-section 2 of Section 26 of the Act for the purpose of appeal under Section 54. Since this is a special procedure provided in the Act, by necessary implication, the civil Court under Section 9 of the Civil Procedure Code 1908 has been prohibited to take cognizance of the objectioas arising under the Act for determination of the compensation for the land acquired under the Act. 9. Therefore, at the tim ..... X X X X Extracts X X X X X X X X Extracts X X X X
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