S.21 Of General Clauses Act Can’t Be Used To Review ‘Award’ Made Under Land Acquisition Act, 1894
Case: The State of Manipur & Ors. v. Shri Maithem Deben Singh & Ors.
Coram: Chief Justice Sanjay Kumar and Justice M.V. Muralidaran
Case No.: W.A. No. 11 of 2019
Court Observation: “It may however be noted that Section 21 of the Act of 1897 states that the general power to issue notifications, orders, rules or bye-laws under a Central Act would include the power to add to, amend, vary or rescind them also. However, this provision does not mention an ‘Award’, relatable to the Act of 1894, and speaks only of notifications, orders, rules or bye-laws issued under a Central Act. The nature of an Award under the Act of 1894 is entirely different from ‘notifications, orders, rules, or bye-laws’ referred to in Section 21 of the Act of 1897, as it is in the nature of a decision arrived at after hearing all the parties concerned.”
Section 13A provides that the Collector, after passing the Award, has the power to correct only clerical/arithmetical errors therein and that too, before the expiry of six months from the date of the Award. Even such errors cannot be corrected without putting a person, who would be prejudicially affected thereby, on notice and giving him a reasonable opportunity of making a representation.
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Keywords
S.21, General Clauses Act, Land Acquisition Act, 1894
