Law:

Section:

(a) Land Acquisition Act (I of 1894)-------S. 12---Civil Procedure Code (V of 1908), S.9---Award of compensation on acquisition of land---Refusal of payment of compensation amount by the authorities concerned---Jurisdiction---Such matter pertains to the domain of ordinary Courts as Land Acquisition Judge, under the Land Acquisition Act, 1894 is not competent to grant such relief. The wisdom behind the conferment of jurisdiction to ordinary Civil Court by the Legislature is that the Land Acquisition Act, 1894 has created a special jurisdiction and provided a special remedy for persons aggrieved of anything done in exercise of that jurisdiction. General rule is that once jurisdiction conferred upon a special forum for investigation of a particular matter such jurisdiction is exclusive and being of exclusive nature the Special Tribunal has alone to exercise such jurisdiction excluding ordinary forum. However, when the relief claimed does not find place in the machinery of such special exclusive jurisdiction, recourse is to be had to the normal Courts for relief not provided in the special Act. (b) Civil Procedure Code (V of 1908)--- ----S. 9---Land Acquisition Act (I of 1894), preamble---General jurisdiction of Civil Court---When a special Act provides no remedy for particular circumstances appearing in its domain the general jurisdiction of normal Civil Court cannot be disputed. (c) Land Acquisition Act (I of 1894)--- ----S. 12---Power of Collector after passing the award---Scope---Collector where once passes the award he becomes functus officio and is not competent to cancel same---No provision for cancellation of award by Acquisition Collector is available in the Land Acquisition Act, 1894. (d) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 117 & 118---Issue regarding fabrication and. forgery of award---Burden of proof---Onus of proving fake and bogus preparation of award is on the party who asserts the same. (e) Civil Procedure Code (V of 1908)--- ----O. XLI, R.27---Additional evidence in appeal---Requirements---Order XLI, R.27, C.P.C. provides that additional evidence can be allowed only where Trial Court has improperly refused to admit the evidence which…

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