AI Structured Summary
Not yet generated for this judgment
Judgment
5 paragraphs · 130 words
1.
As observed by the Calcutta High Court in Taylor v. The Collector of Purnea ILR 14 Cal. 423 the Collector is not competent to refer and the
Judge is not competent to decide any question arising u/s 55 of the Act. The act confers only a special and limited jurisdiction to the Judge to deal
with two classes of questions, viz., the award of compensation and its apportionment among several claimants. When there is a difference of
opinion as to whether the whole house should be taken up by Government or not, the proper course for the party is to institute a regular suit.
2.
We are of opinion that the view of the Judge is correct. The costs of this reference will be the costs of the cause.