N. BOMAN BEHRAM (DEAD) BY LRS & ANR versus STATE OF MYSORE & ANR.

Citation: [1975] 1 S.C.R. 557 · Decided: 24-07-1974 · Supreme Court of India · Bench: A.N. RAY, KUTTYIL KURIEN MATHEW · Disposal: Dismissed

Judgment (excerpt)

A 
D 
E 
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ff 
N. BOMAN BEHRAM (DEAD) 
BY L. Rs. & ANR. 
v. 
STATE OF MYSORE & ANR. 
July 24, 1974. 
[A. N. RAY, C.J., AND 
K. K. MATHEW, J.] 
557 
Mysore Land acquisition Act, (17 of 1961)-Ss 11 & 15 whether proriso to s. 11 
~'iolotes Art. 31 (2) of the Constitution-Scope of pro1•iso. 
Section 11 of the Mysore Land Acquisition Act (17 of 1961) provides for an 
award by the Deputy Commissioner allowing compensation for the land acquired. 
The proviso to the section states that no such award shall be made by the Deputy 
Commissioner without the previous approval of the Stat~ Government. In a 
petition under article 226 of the Constitution the appellant whose lands were ac-
quired by the Government questioned the validity of the proviso to s. 11 and sce-
tion 15A of the Act. The High Court held the proviso to be valid on the ground 
that the Deputy Commissioner was an agent of the State Government and the 
compensation fixed under the award was an offei:' made on behalf of the Govern-
ment. 
On appeal to this Court it was contended (1) that the proviso to ~ecti?n 
11 
offended article 31(2) of the Constitution and (2) that there were no guide hnes for 
the approval of the State Government under the proviso to section 11 of the Act. 
Dismissing the appeal, 
HELD : (1) The award made under section 11 of the 1961 Act is an offer of 
compensation. The Deputy Commissioner who makes an offer is an agent of the 
State Government. The Government is the ultimate authority to approve the 
award. Therefore the proviso enjoins that no awarj shall be made without the 
preYiow approval of the State Government. It is wrong to suggest that any opinion 
of the Deputy Commissioner is being over reached by the State Government. The 
Deputy Commissioner is not acting in a judicial or quasi-judicial capacity in making 
the award under section 11 of the Act. The area of authority of the Deputy Com-
missioner is subject to approval by the State Government. Finality of the award 
under section 11 of the Act rests with the State Government. [559F-H] 
(2) The Government, in approving the award has to take into consideration the 
provisions of the Act. Any grievance with regard to the quantum of compensa-
tion or any other grievance on account of compensation is capable of being remedi-
ed under the provisions of the Act. [560A-B 
The provisions contained in sections 15, 23, 24, and 26 indicate that the award 
under section 11 of the Act is not final as far as the appellant was concerned. The 
matters to be considered in determining the compensation as embodied in section 
23 of the Act are to be kept in mind, not only by the Collector under section 15 of 
the Act but also by the court under section 23 of the Act. [560C-D] 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 275 of 1970. 
(From the Judgment and Order dated the 6th June 1969 of the 
Mysore High Court at Bangalore, in Writ Petition No. 3244 of 1968) 
K. S. Ramamurthy, R. A. Gagrat and B. R. Agarwal for the appel-
lants. 
S. V. Gupte and M·. Veerappa, for the respondents. 
558 
SUPREME COURT REPORTS 
[1975] 1 s.c.R. 
The Judgment of the Court was delivered by 
RAY., C.J.-This is an appeal by certificate against the/ judgment 
dated 6 June, 1969 of the High Court at Mysore. 
The appellant was the owner of several acres of land at Bangalore. 
A 
The appellant developed an agricultural and horticultural Estate on 
B 
that land. In the year 1967 there was a proposal to acquire the afore· 
said property of the appellant. The land acquisition proceedings 
commenced. Possession of the property was taken in the month of 
April, 1967. The 
notification under section 4 of the Land Acqui-
sition Act was made in the month of May, 1967. A declaration under 
section 6 of the Land Acquisition Act was made on 1 July, 1967. In 
the month of August, 1967 the appellant preferred claims. The cl?im 
C 
for compensation preferred by the appellant was for Rs. 18,83,650._ 
In the month of September, 1967 the Government paid a sum of 
6,50,000/- as an instalment. On 30 August, 1968 the Government 
wrote to the Divisional Ccmmissioner that the Government approved 
the award for the total of Rs. 6,57,870· 15 in respect of lands measur-
ing 86 acres 2 gunthas. 
The appellant made an application under Article 226 of the Ccnsti-
tution inter alia for an order that the proviso to secti<'n 11 and 
section 15-A of the Mysore Land Acquisition Act 17 of 1961 herein-
after referred to as the 1961 Act be struck dol'n an

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