KOITAMKULANGARA DEVASWOM Vs. BHARGAVI AMMA

JUDGEMENT

(1.) The Travancore Devaswom Board is the appellant and their tenant the contesting first respondent.

(2.) Before the Land Acquisition Officer the Devaswom Board gave a statement that they were interested only in 11 cents of the land and the first respondent was interested in the rest, 31 cents. The Land Acquisition Officer passed an award apportioning the compensation in that proportion. When the reference came up before the lower court, the Devaswom Board changed their position and claimed that they were entitled to the entire compensation. The lower court rejected this and hence the appeal.

(3.) The Privy Council has said in Pramatha Nath Mullick Bahadur v. Secretary of State ( AIR 1930 PC 64 ) that the jurisdiction of the courts under the Land Acquisition Act is a special one and is strictly limited by the terms of the relevant sections. Their Lordships have also said that the jurisdiction arises only when a specific objection has been taken to the Land Acquisition Officer's award and it is confined to the consideration of the objection. In other words, only such objections as were taken before the Land Acquisition Officer can be urged in reference before the court. It is therefore clear that the Devaswom Board has no right to agitate this claim before the lower court or before this Court.