MULRAJ KHATAV Vs. COLLECTOR OF POONA

JUDGEMENT

(1.) THIS is an appeal under the Land Acquisition Act and the first question which confronts the learned counsel is whether his appeal lies. It t appears to us that it does not lie. In the Court of the District Judge the contest was as to whether the Government should be allowed to take only that portion of the appellant s land which they desired to take, or should be forced to take the entirety of his holding in accordance with his wishes. The learned Judge decided this point against the appellant. From that decision this appeal is now sought to be brought.

(2.) UNDER Section 54 of the Land Acquisition Act the appeal admittedly is competent only if the decision of the District Judge amounts to an award. Having regard to Section 26 and other cognate sections of the Act, we are satisfied that this, which is a mere preliminary decision and decrees no compensation, cannot be regarded as an award. In our opinion, therefore, the appeal fails and is dismissed with costs.