'Land Acquisition, Rehabilitation & Resettlement Authority' Not A Civil Court For The Purpose Of S. 24(1)(a) CPC: Allahabad HC

The Allahabad High Court has observed that Land Acquisition, Rehabilitation, and Resettlement Authority (LARRA) is not a civil court subordinate to the High Court within the meaning of Section 24(1)(a) of the Code of Civil Procedure, 1908 and therefore, a case pending before it can't be transferred to any other court by the HC.

For context, LARRA is an "Authority" established by the appropriate Government under Section 51 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

The bench of Justice J. J. Munir further clarified that LARRA is an 'Authority', and may be regarded as a Tribunal subordinate to this Court for the purpose of superintendence under Article 227 of the Constitution, but not a Court subordinate to the High Court under CPC.

The court made this observation while dealing with a Transfer Application moved before it seeking the transfer of a case from LARRA to any other Court of competent jurisdiction on the ground that there is no incumbent Presiding Officer functioning as the LARRA (in Prayagraj).

The Court noted that LARRA, which can be one or more, is to be established by notification to be issued by the appropriate Government, that is the State Government as per the 2013 Act in relation to the acquisition of land situated within the territory of the State.

The Court further noted that the trappings and the essential character of the LARRA show that it is not an established Civil Court, but an adjudicating authority established by a notification by the State Government for the purpose indicated in Section 51 of the Act of 2013.

"By no means, therefore, the LARRA is a Court subordinate to this Court within the meaning of Section 24(1)(a) of the Code of Civil Procedure, 1908. The LARRA, described under the Act of 2013 as an "Authority", may be regarded as a Tribunal subordinate to this Court for the purpose of superintendence under Article 227 of the Constitution, but not a Court subordinate to this Court under the Code," the Court further remarked as it dismissed the transfer application.

Case title - Smt. Gazala Begum v. Mohd. Musarraf and others [TRANSFER APPLICATION (CIVIL) No. - 643 of 2022]

Case Citation: 2022 LiveLaw (AB) 500

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