CHHAGANLAL Vs. LAND ACQUISITION OFFICER, MAHASAMUND

JUDGEMENT

(1.) L . This order will also govern the disposal of Miscellaneous Petitions Nos. 285, 291 and 297, all of 1963.

(2.) THE petitioners in these four applications under articles 226 and 227 of the Constitution of India seek writs of certiorari for quashing fresh awards made in April 1963 by the Land Acquisition Officer, Mahasamund; in place of the awards which he had made in December 1962 awarding compensation to the petitioners in respect of certain lands belonging to them acquired by the Government for irrigation purposes.

(3.) THE petitioners contend that the awards made in 1962 having been approved by the Collector and having been accepted by them became final and conclusive a, between the Collector and them, and the Land Acquisition Officer had no jurisdiction to review those awards under section 53 of the Act or under any other provision thereof. The respondents, however, contend in the returns filed by them that the awards did not become final as they had not been filed in the Collector's office as required by section 12 of the Act; and that even apart from section 53 the Land Acquisition Officer had inherent power to modify the awards which were merely offers of compensation to them.