Reference Court Exceeded Jurisdiction by Remanding Award Back to Collector, Rules High Court
In a significant ruling, the Allahabad High Court has set aside the judgment of a Reference Court which had remanded a land acquisition compensation award back to the Collector for fresh determination. The case, State of UP v. Iftekhar Ahmad, revolved around the compensation for land acquired for the construction of the Maina Rajwaha in Siddharth Nagar district. The High Court clarified that a Reference Court under the Land Acquisition Act, 1894 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, acts as a court of original jurisdiction, not an appellate court, and hence lacks the power to remand awards.
The Reference Court had previously set aside the Collector's award dated November 13, 2019, arguing that compensation should have been calculated under the 2013 Act, which came into effect after the initial compensation was determined. However, Justice Sandeep Jain, presiding over the appeal, held that the Reference Court could only affirm or enhance the Collector's award, not remit it for reconsideration. The judgment emphasized that such remanding power is reserved for appellate courts, not courts functioning under the special jurisdiction of the Land Acquisition Acts.
The High Court's decision restores the original reference for compensation determination, directing the Reference Court to adjudicate on merits within six months without unwarranted delays. This ruling underscores the distinct procedural boundaries within which Reference Courts must operate, reaffirming their role in directly addressing compensation adequacy rather than revisiting or delegating the task back to the Collector.
Bottom line:-
A Reference Court under the Land Acquisition Act, 1894 or the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, cannot set aside the award of the Collector and remand the matter back to the Collector. The Reference Court functions as a court of original jurisdiction and not as an appellate court.
Statutory provision(s): Land Acquisition Act, 1894, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 18 of the Land Acquisition Act.
State of UP v. Iftekhar Ahmad, (Allahabad) : Law Finder Doc id # 2881108
