JAWAHAR SINGH Vs. COLLECTOR JAMMU

JUDGEMENT

(1.) The question for decision before this Bench is as follows:-

(2.) It has been contended by the learned Advocate General that under the provisions of section 56 of the Constitution Act such cases should be tried by the High Court. Sec. 56, sub-section (2) lays down:-

(3.) The argument is that reference is only a proceeding and if its value is not less than rupees ten thousand it should be instituted or initiated in the High Court on its original side. At first sight the argument is very plausible but it has a flaw. Reference in such cases are made under section 18 of the Land Acquisition Act. 1990. Sec. 18 (1) is as follows:-