NUR MAHOMED HUSEN Vs. SECRETARY OF STATE

JUDGEMENT

(1.) Three suits, Nos. 8, 9 and 10 of 1924, were filed in the Court of the District Judge at Surat by certain owners of house property in Surat, situated at Nagda Tekra, Begampura, within the Surat City Municipal limits, against the Secretary of State for India in Council and the Land Acquisition Officer, Surat City, for injunctions restraining the defendants from taking possession of the properties which had been acquired under the Land Acquisition Act, on the ground that the Land Acquisition Officer had acted without any authority as no proper order was passed under Section 7 of the Land Acquisition Act directing the Collector to take order for the acquisition of the properties in question.

(2.) The only question raised before the District Judge was whether the Land Acquisition Officer, who had taken order for the acquisition of the properties, and had made the award, had acted illegally and without authority.

(3.) Under Section 7 of the Land Acquisition Act. Whenever any land shall have been so declared (under Section 6) to be needed for a public purpose, or for a Company, the Local Government, or some officer authorized by the Local Government in this behalf, shall direct the Collector to take order for the acquisition of the land. 3. Under Section 3(a), the expression "Collector" means the Collector of a district, and includes a Deputy Commissioner and any officer specially appointed by the Local Government to perform the function of a Collector under this Act.