JAWAHAR SINGH Vs. COLLECTOR JAMMU
HIGH COURT OF JAMMU AND KASHMIR
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Per C.J. -
(1.) The question for decision before this Bench is as follows:-
"Whether land acquisition cases, if the value is above Rs. 10,000, are triable by the High Court in its original jurisdiction or District Court alone irrespective of the amount involved."
(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. Section 56, sub-section (2) lays down:-
"The High Court shall have jurisdiction to hear and determine any original civil suit or other proceeding of which the value is not less than rupees ten thousand and every such suit or proceeding shall be instituted in the High Court".
(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. Section 18 (1) is as follows:-
"Any person interested, who has not accepted the award, may by written application to the Collector, require that the matter be referred by the Collector, for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it is payable, or the appointment of the compensation among the persons interested".;
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