JAVARAYI GOWDA Vs. SPECIAL LAND ACQUISITION OFFICER MANDYA

JUDGEMENT

(1.) The common question arising in these six cases is, whether the appeal preferred from the award of the Civil Judge, or the Sub-ordinate Judge, in a reference under the Land Acquisition Act, either for apportionment or for enhancement of compensation, in which the appointment or for enhancement of compensation, in which the amount or the value of the subject-matter of the proceeding did not exceed Rs. 10,000/-, lay to this Court or to the Court of the District Judge.

(2.) Before the amendment of the Land Acquisition Act, 1894 which will be referred to as the principal Act, by the Land Acquisition (Mysore Extension and Amendment) Act, 1961 (Mysore Act No. 17 of 1961) which will be referred to as the amending Act, which came into force on August 14, 1961, Section 54 of the principal Act authorised an appeal in all cases from an award made by a Court in proceedings under that Act, to this Court. But the amending Act altered the structure of Section 54 of the principal Act and that section as it now stands reads:

(3.) The relevant statutory provision specifying the Court which could hear appeals from the decision of the Court making an award in proceedings under the principal Act and to which section 54(1) as it now stands amended refers, was Section 13 of the Mysore Civil Courts Act, 1883. According to the provisions of that section, an appeal from a decree or order passed by a Subordinate Judge or Civil Judge in proceedings in which the amount or value of the subject-matter does not exceed Rs. 10,000/- lay to the concerned District Court.