DEEP CHAND Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) This appeal by special leave arises from the order of the Division Bench of Madhya Pradesh High Court dated July 30, 1974 in which it was held that an order passed by the Civil Court on reference under S. 49(1)of the Land Acquisition Act 1 of 1894 (for short 'the Act') is not a decree and, therefore, an appeal would not lie therefrom under S. 96 of C. P. C.

(2.) The facts lie in a short compass. Notification under S. 4(1)and declaration under S. 6, of the Act were published in the State Gazette acquiring land measuring 2 acres 46 cents (approximately) on Biaora village in Rajgarh District. The appellant had objected under S. 49(1)of the Act to the acquisition,' contending that the entire land including his factory and office building should be acquired, without which the Act should not be put in operation. Thereon, reference under S. 49(1)was made to the Civil Court which by order dated April 29, 1969 held that the land proposed to be acquired did not form an integral part of appellants factory and office buildings and answered the reference accordingly. The appellants carried the matter in appeal to the High Court. In the High Court, when an objection was raised on behalf of the State, that the order of the Civil Court is not a decree and as such it is not appealable, obviously under S. 96 of C. P. C., it upheld the objection and dismissed the appeal as not maintainable.

(3.) The question, therefore, is whether the decision of the Civil Court on reference under S. 49(1)of the Act is a decree. It is not in doubt that the order of the Civil Court on a reference under S. 49(1)is not an award within the meaning of sub-section (2) of S. 26. Therefore, an appeal under S. 54 of the Act would not lie. The only question is whether it is a decree within the meaning of S. 2(2) of C. P.C. so as to make it appealable under S. 96 of C. P. C.