RAJENDER ANAND Vs. UNION OF INDIA

JUDGEMENT

(1.) By this application the appellants assert that no decree need be prepared by this court while deciding an appeal under S.54 of the Land Acquisition Act, 1894 (the Act). Impatient of court procedure they say : "Why frame a decree in appeal. Do as the court of the District Judge does. A judgment is enough.' Now in all appeals undes s. 54 decided by this court decrees are prepared. It is said that this is not required in law. The argument is that as in the case of the district court, so in the case of the appellate court, the decision amounts to a decree as is provided in s. 26 of the Act. This is the point that arises for decision on this application.

(2.) S. 26 appears in part III of the Act which is headed as "Reference to Court and procedure thereon." An important section of this part is S. 18. That provides for reference to the court. "Court" means a principal civil court of original jurisdiction [S.3(d)]. The court of district judge is the principal civil court of original jurisdiction. District Judge includes the additional district judge. The district judge hears the reference made under S. 18 of the Act. At the conclusion of the hearing the district judge makes the award. [ s.26 is then reproduced.]

(3.) Section 26 says that the award of the court shall be in writing signed by the judge. It shall specify the amount awarded under S. 23 of the Act and the grounds of awarding the said amount of compensation. Sub-s. (2) provides that "every such award shall be deemed to be a decree and the statement of the ground of every such award a judgment within the meaning of s. 2 clause (2), and s. 2, cl. (9), respectively, of the Code of Civil Proceduce, 1908".