Law: Land Acquisition Act, 1894

Section: 18,30

Law: Civil Procedure Code (V of 1908)

Section: 1,2

Land Acquisition Act (I of 1894)--- ----Ss. 18 30---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 2---Land acquisition---Interlocutory order, value of---Application for status quo order annexed with suit for declaration/plaintiffs claimed that they were owners of property in dispute; that petitioner/defendant prepared award in his name in collusion with other defendants and received compensation amount of Rs.400,000/-; that plaintiffs were entitled for their share amounting Rs.321,122.24/- as co-sharers in said property---Court had passed impugned order granting ad-interim status quo with direction to respondents/defendants (other than the petitioner) for preparation of award for land effected during construction of road; and further directed to submit the compliance report on date adjourned contended that Court had no jurisdiction to pass ex-part ante status quo order without extending a right of defense to defendants; that trial Court started trial partially without asking the petitioner to file written statement; that Court passed ex-parte order on first hearing; that vires of an Award prepared under Land Acquisition Act, 1894, could be assailed through a reference under Ss. 18 30 of the said Act, that Civil Court had no jurisdiction to entertain suit challenging an award made by Collector---Validity---Suit was filed during winter vacations---Trial Court/duty judge issued notice on same day for attendance of respondents and fixed the date of the case prevailing the status quo (contesting defendant) was absent---Order sheet was silent about service of summons on petitioner---Other defendants/respondents were present who filed written statement---Trial Court heard the argument on the same day in absence of petitioner and granted ex-parte decree under mischief of the injunction order and further directed the Collector to make award in favour of plaintiff and submit compliance report on next date of hearing---All proceedings were carried against provisions of Civil Procedure Code, 1908---Neither any directions were made to petitioner for submission of written statement nor any action taken under O. VIII, R. 10 of Civil Procedure Code, 1908---Impugned order…

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